Endangerment Defense Lawyer in Arizona — Defense Under ARS 13-1201
An endangerment defense lawyer in Arizona defends clients accused under Arizona Revised Statutes 13-1201 of recklessly endangering another person with a substantial risk of imminent death or physical injury. Oliverson Law DUI & Criminal Defense combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
What Does Arizona Law Say About Endangerment Under ARS 13-1201?
Arizona defines endangerment under Arizona Revised Statutes 13-1201. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. When the risk involved was a risk of imminent death, endangerment is a Class 6 felony; when the risk was only of physical injury, endangerment is a Class 1 misdemeanor.
Because ARS 13-1201 is a recklessness statute, the State must prove the defendant was consciously aware of a substantial and unjustifiable risk and disregarded it. That mental-state burden is where most endangerment cases are won or lost. Simple carelessness, mistake, or accident is not the same as recklessness under Arizona law, and that distinction is the defense’s starting point.
Endangerment is also frequently charged alongside another offense — DUI with passengers, reckless driving, domestic-violence incidents near children, firearms mishandling. When it is stacked on top of a primary charge, the defense strategy has to address both the endangerment and the underlying offense together.
What Happens After an Endangerment Arrest in Arizona?
Arizona’s criminal process moves quickly, and the decisions made in the first 48 to 72 hours after an arrest shape the rest of the case. The exact timeline depends on the charge and the court, but most Arizona cases follow the same four stages.
Arrest and Initial Appearance
If you are arrested, Rule 4.1 of the Arizona Rules of Criminal Procedure requires that you be brought before a judge for an Initial Appearance within 24 hours. That is when release conditions — bond, own-recognizance release, or pretrial detention — are set. Having counsel in place before the Initial Appearance can directly affect the conditions the court orders.
Arraignment and Plea Entry
Felony arraignments in Superior Court and misdemeanor arraignments in city or justice court are where the charges are formally read and a plea is entered. A not-guilty plea at arraignment preserves every defense and triggers the State’s disclosure obligations under Rule 15.
Pretrial Motions and Disclosure Review
This is the stage where most criminal cases are decided. Motions to suppress evidence, motions challenging the charging instrument, and review of police reports, body camera video, and witness statements all happen here. A successful suppression motion can end a case before trial.
Resolution: Plea, Diversion, Dismissal, or Trial
Most Arizona criminal cases resolve through a negotiated plea, a diversion program, or dismissal after a successful defense motion. When trial is the right path, Rule 8 sets time limits the State must meet. Our approach is to prepare every case as if it is going to trial, because that preparation is what produces better plea offers.
How Does Our Team Build Your Endangerment Defense?
An effective Arizona criminal defense is built around four questions: Was the State’s evidence lawfully obtained? Can the State prove every element of the charge beyond a reasonable doubt? Are there affirmative defenses or justifications that apply? And what resolution produces the best long-term outcome for the client? Every case we take is worked through this framework.
Challenging the Stop, Search, or Seizure
Fourth Amendment issues are where many Arizona criminal cases break down. Traffic stops without reasonable suspicion, searches beyond the scope of consent, and warrantless home entries without exigent circumstances all create suppression arguments under ARS 13-3925 and the Fourth Amendment.
Attacking the State’s Evidence
Chain of custody, lab testing protocols, officer credibility, body-camera gaps, and witness reliability are all challengeable. The State must prove every element of the charge beyond a reasonable doubt — breaking any single element ends the prosecution.
Raising Affirmative Defenses
Arizona recognizes self-defense under ARS 13-404, defense of a third person under ARS 13-406, defense of premises and property, necessity, duress, and mistake of fact. When the facts support it, we raise these defenses early and present them to the jury.
Negotiating From Trial-Ready Strength
Our preferred resolution is always dismissal or diversion. When a plea is the right outcome, we negotiate from the leverage created by trial preparation. Prosecutors move their offers when they see a defense that is ready to go.
Why Does Our Background Give You an Advantage?
Oliverson Law was founded in 2009 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Which Arizona Counties and Cities Do We Serve?
Oliverson Law handles endangerment cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in courts across Maricopa County and Mohave County.
Maricopa County (Population: 4,551,524)
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County (Population: 222,255)
Mohave County Superior Court at 415 E Spring St in Kingman handles felony cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
Maricopa CountyPima CountyPinal CountyYavapai CountyMohave CountyCoconino CountyYuma CountyCochise County
Frequently Asked Questions
Under ARS 13-1201, endangerment is recklessly endangering another person with a substantial risk of imminent death or physical injury. If the risk was of imminent death, it is a Class 6 felony; if the risk was of physical injury, it is a Class 1 misdemeanor.
Reckless driving under ARS 28-693 is a traffic-code offense focused on the manner of driving. Endangerment under ARS 13-1201 is a criminal offense focused on the risk created to other people. The two are often charged together, and an endangerment defense lawyer will frequently negotiate to have the endangerment charge reduced or dismissed in exchange for a plea on the underlying offense.
Arizona does not have traditional expungement, but ARS 13-905 allows qualifying convictions to be set aside, which releases the person from the penalties and disabilities of the conviction. ARS 13-911, effective January 1, 2023, allows many Arizona criminal cases to be sealed after a waiting period. Eligibility depends on the class of the offense and other statutory factors.
No. Endangerment is a Class 6 felony only when the risk involved was a risk of imminent death. When the risk was of physical injury only, endangerment is a Class 1 misdemeanor. The distinction between those two mental-state and risk elements is where most endangerment cases are reduced or dismissed.
Under the Fifth and Sixth Amendments and Arizona law, you have the right to remain silent and the right to counsel. You do not have to answer questions, make statements, or consent to searches without a lawyer present. Body-camera footage, witness statements, and 911 calls are often the State’s core evidence — what you say at the scene can decide the case.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer. That combined experience on the charging, prosecuting, and judicial sides of Arizona criminal cases is what informs our defense strategy. We have been defending Arizona criminal charges since the firm was founded in 2009.
Arizona DUI Defense1st Offense DUIExtreme DUIAggravated DUIDUI License ConsequencesIgnition Interlock
Arizona DUI Laws & PenaltiesHow Long Does a DUI Case Take?How Much Does a DUI Lawyer Cost?First Offense DUI PenaltiesIs a DUI a Felony in Arizona?About Derek OliversonCase Results
Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
Call (480) 582-3637Or request a free consultation online