Tucson Misdemeanor Defense Attorney

Misdemeanor charges pending in Tucson City Court are serious allegations against the accused. The penalties for a misdemeanor conviction include up to 6 months jail, two-thousand five hundred dollars in fines plus surcharges that nearly double that amount, and between 1 and 5 years of probation.

Importance of Help from Misdemeanor Defense Lawyer in Tucson

A misdemeanor charge that turns into a criminal conviction will show up on a background check. Do not lose your job, home, or student aid because of a misdemeanor. Once you are charged with a misdemeanor, your case can take upwards of six months to be completed. Rosenstein Law Group is a full-service criminal defense law firm that will handle every detail of your misdemeanor case from start to finish. Our office provides legal representation for those dealing with a broad range criminal charges, in Tucson including but not limited to: **highlight & link to each**

  • Urinating in Public Offense
  • Trespassing Charges
  • Criminal Damage
  • Disorderly Conduct

In the state of Arizona, a misdemeanor can have life-long impacts. Until new DUI expungement laws take effect in 2023, a conviction can show up on a background check indefinitely—even if you move to another state. A misdemeanor conviction could have dire consequences on your ability to rent a house or apartment, gain admission into the college or university of your choice, eligibility for student aid, or getting the job you want.

How Misdemeanors Are Charged in Tucson

In Tucson misdemeanor charges are generally heard at the City of Tucson Municipal Court located at 103 East Alameda Street, Tucson AZ between 8:00 am and 5:00 pm Monday through Friday. If you have been charged with committing a misdemeanor criminal act, you should not go to court alone – take your attorney with you. The team of experienced criminal defense attorneys at the Rosenstein Law Group (RLG) will fight to defend your rights and help you through the complex maze of the criminal justice system. You can call (480) 248-7666 today or visit us online here to request a free initial consultation appointment to speak with an experienced and skilled criminal defense attorney about your case and learn what we can do for you and what options you have.

Tucson Misdemeanor Classifications and Penalties

Felonies are separated into different classes e.g., “class 1 felony”. Misdemeanors are classified as well. There are three classes of misdemeanors, generally their classification corresponds with the potential damage or harm associated with the underlying action of the act. For example, some class 1 misdemeanors are DUI, aggressive driving, reckless driving, assault, disorderly conduct – DV and criminal damage. The maximum sentence, fine and probation for each class of misdemeanor is:

Class 1 Misdemeanor Conviction

  • Six Months in the County Jail
  • $4,575.00 Fine and Surcharge
  • Three Years of Probation (Except DUI which is Five Years)

Class 2 Misdemeanor Conviction

  • Four Months in the County Jail
  • $1,372.50 Fine and Surcharge
  • Two Years of Probation

Class 3 Misdemeanor Conviction

  • Thirty Days in the County Jail
  • $915 Fine and Surcharge
  • One Year of Probation

Misdemeanors That are Commonly Charged in Tucson City Court

City police departments, the Pima County Sheriff, and Tucson city prosecutors commonly charge and prosecute the following misdemeanors in the Tucson City Court:  **highlight & link to relevant section*

  • Urinating in public (UIP)
  • Trespassing
  • Criminal Damage
  • Disorderly Conduct

it is important to note that some commonly charged misdemeanors can also be charged as felonies, for instance criminal damage to the property of another can be charged as a felony if the damage caused is greater than $1,000; anything under that amount, is a class 1 or 2 misdemeanor.

Schedule Your Free Consultation with a Tucson Misdemeanor Defense Attorney Today

If you or a loved one have been charged with a state misdemeanor in Tucson call Rosenstein Law Group now. Speak with an experienced and knowledgeable Tucson misdemeanor defense attorney today for your free initial case evaluation. We offer consultations by phone or video in addition to in person office appointments Monday – Friday, 8:30am – 5:00pm. Do not wait, contact us online or by calling 480-248-7666.

Tucson City – Urinating in Public Offense

Some people ask, “Is this really a crime?”. The answer is yes. And the act of urinating in public can lead to dire charges if the underlying actions meet the elements of the statute and the officer or prosecutor decides to put forth the charge. For example, indecent exposure, criminal damage, or criminal nuisance could be the charge stemming from the act of exposing genitals in public and urinating. Take indecent exposure for example. If, during the act of urinating in public, the genitals are exposed with another person present that is under 15 years old, that is a class 6 felony subject to a possible prison term.  The charge requires no intent, merely reckless exposure with a person under 15 that may be alarmed or offended.

In the Tucson City Court, charges for urinating in public stem from the city’s criminal code at Sec. 11-54 making it illegal to urinate in a public place or any place exposed to public view. These are very broad terms. By writing the code this way the drafters have encompassed nearly anywhere that is not a closed room with a toilet or urinal. However, as in all cases, evidence is crucial, and there are defenses. Let the team of experienced criminal defense trial attorneys at the Rosenstein Law Group explain your options and possible defense.

Tucson Criminal Trespass Offenses

Trespassing charges are quite common. In many instances it is a situation where someone is asked to leave an establishment and they either do not leave, or they kind of leave but linger around the entry/exit area of the business.

A person commits criminal trespass by entering, or unlawfully remaining, on private property without the authorization or privilege to enter or remain. There are a variety of criminal trespassing charges and they vary in severity of consequences from felony to misdemeanor crimes. By and large the criminal trespass charge that is cited depends on the type and location of the property or land that is offended and what the subject of the charge is alleged to have been doing while on the property.

Criminal Trespassing in the 1st Degree

These laws are largely written to protect the peace, privacy, and enjoyment of homeowners; to protect the public at large from harm or interfering with utilities or emergency services; and prevent desecration of religious symbols. It is a felony to enter or remain unlawfully in a residential structure, or the property of another and at a minimum deface a religious symbol. It is also a felony to ignore signage prohibiting entry at utilities, or at emergency services such as police, fire, or medical facilities.

There are also misdemeanor criminal trespass charges in the 1st degree that generally involve the unlawful entry or continued presence on private land like a fenced residential yard or entering onto property and looking into a home invading another’s privacy i.e., “peeping Tom”. Each of these acts are class 1 misdemeanors.

Criminal Trespassing in the 2nd Degree

Criminal trespass in the 2nd degree is a class 2 misdemeanor and involves the unlawful entry or remaining in a non-residential structure, or in a fenced commercial yard.

Criminal Trespassing in the 3rd Degree

One of the most common of trespass charges, previously mentioned above, is the knowing entry or continued presence on land or any nonresidential structure after being asked to leave by police or someone else with the authority to request that you leave. This is a common charge on weekend nights along the strip near Univ. of Ariz. campus. Criminal trespass in the 3rd degree is a class 3 misdemeanor.

Criminal Damage Charges in Tucson

If you are reading this page because you, or someone you love, has been charged with criminal damage in Tucson, please continue reading, and then contact an attorney. Time is critical in forming an adequate defense against allegations. Criminal damage charges can be filed as a misdemeanor crime in the Tucson City Court, or as felony charges in the Pima County Superior Court.

Consequences of Tucson Criminal Damage Charges

The consequences of a criminal damage misdemeanor or felony conviction can be the loss of your clean criminal record, untarnished reputation, money, and freedom due to confinement in jail or prison. It is important to speak with an experienced, intelligent, and assertive criminal damage defense attorney to defend your rights and reputation. A skilled criminal defense attorney could have the charges dismissed or reduced to lesser charges and work with the court to mitigate the penalties against you. The team of attorneys at the Rosenstein Law Group are experienced courtroom attorneys and are highly skilled negotiators—able to represent your interest with city and Pima County prosecutors.

Facing Criminal Damage Charges in Tucson

Arizona Revised Statute § 13-602 describes criminal damage as recklessly:

  • defacing or damaging property of another;
  • tampering with property of another that substantially impairs its value or use;
  • damaging a utility;
  • parking a vehicle to block livestock from access to water; and
  • drawing, writing or inscribing on any building or structure.
  • Or, intentionally tampering with a utility.

Criminal damage felony/misdemeanor designation hinges on the value of the damage caused. For instance, damages in an amount equal to $10,000 or more is a class 4 felony – subject to a prison sentence. Damages under $1,000 is a misdemeanor and possible jail. If the charges involve the property of a significant other, such as a family member, roommate, spouse or some romantic relationship, additional charges of domestic violence (DV) can be added. Both criminal damage and domestic violence penalties now apply. Domestic violence designations on a criminal record can be very costly and embarrassing. The DV designation can affect parental rights, preclude a person from possessing a firearm, and even impact certain employment opportunities – especially those involving minors such as a certified teacher or daycare provider.

Speak with a Tucson Lawyer That Can Help with Your Criminal Damage Charges Today

Criminal convictions in the Grand Canyon State remain on a criminal record for life, and can have dire consequences on careers, employment and living arrangements. Do not go to court alone to address criminal damage charges. You can trust the team of attorneys at the Rosenstein Law Group to defend your rights and interests. You can call 480-248-7666, or fill out the consultation form online, and speak with a seasoned criminal defense attorney at no charge to discuss your case and learn about your options and defenses today.

Disorderly Conduct/Disturbing the Peace in Tucson

The sheer volume of disorderly conduct complaints filed in criminal courts, and the broad language of the statute, supports calling this charge the “catch all criminal activity” clause in the Arizona Revised Statutes. Nonetheless, it is a criminal charge, usually a class 1 misdemeanor, and therefore must be taken seriously due to the potential negative impacts when filling out an application or turning up on a background check. Class 1 misdemeanors are subject to costly fines, counseling, and possible jail time. So, even though you, or someone you care about, did not intend to cause a ruckus, but as things sometimes spin out of control—it is still a crime and it must be dealt with professionally in most cases to get it dismissed or reduced.

How Disorderly Conduct is Charged in Tucson

Under Arizona law, at A.R.S. § 13-2904, a person can be charged with a class 1 misdemeanor disorderly conduct charge for fighting or seriously disruptive behavior; making unreasonable noise; using offensive language or gestures to provoke a response; disrupting a meeting or gathering; or refusing to follow an order to clear the area in an emergency. So, fighting, disruptive behavior, making noise or failing to clear an area captures a lot of behavior. Disorderly conduct charges can get more serious if there is a deadly weapon or deadly instrument involved at the time of the charge resulting in a felony with corresponding fines and confinement in jail or prison.

Rosenstein Law Group Can Help Defend Against Your Tucson Disorderly Conduct Charges

Many times, police will cite “someone” present at the scene when the incident occurs. This citation should not be considered as dispositive of guilt or innocence. The broad language of the statute itself begs a fact intensive inquiry and those facts must be elicited and presented to a prosecutor or judge in a persuasive manner. The team of attorneys at the Rosenstein Law Group are experienced at investigating, uncovering the facts, and presenting your defense in the best possible light. By calling 480-248-7666, or visiting us online to request a consultation, you can learn what your options are and how our team of Attorneys can defend your rights.

Our Lawyers Can Help You with The Misdemeanor Charges You are Facing in Tucson

Do not go to court alone – meet your attorney at the courthouse – and let your attorney argue and speak for you. You can call the Rosenstein Law Group at 480-248-7666, or fill out the consultation form online, and speak with an experienced and skilled criminal defense attorney and learn about your options and defenses.

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