Tucson Federal Criminal Defense Attorney
Federal criminal statutes in Arizona are a broad set of laws dealing with an array of criminal conduct, including theft, bank fraud, murder, assault and battery, counterfeit, human trafficking, embezzlement, marijuana possession, child pornography, and more. The federal criminal code is a complex web of federal statutes that touch upon nearly every aspect of our personal and professional lives. These intricate and often obscure laws often carry long prison sentences and stiff monetary sanctions. Even relatively low-level cases may involve penalties in the form of fines and jail time, similar to what applies in the other states of the United States, yet distinct in many ways.
At Hernandez & Hamilton, P.C., we focus our practice on federal criminal defense. Our attorneys have unrivaled experience in litigating sophisticated federal appeals and legal motions that can get cases dismissed at the trial court level or set the stage for successful appeals in the future.
The sudden brush with criminal justice can be extremely daunting and can rattle even the calmest of minds, especially for first-timers. Thus, it is advised to seek the Tucson federal criminal defense attorney for legal recourse. Read on to know the federal criminal offenses and the respective federal crime penalties in the District of Arizona.
Federal Criminal Offenses In Arizona
The federal criminal offenses in Arizona are vastly similar to what is applicable in the rest of the states, but some rules are subtly unique to the region. These laws may range from minor offenses such as misdemeanors to a higher degree of felonies such as murder, Hobbs Act robbery, narcotics offenses, conspiracy, money laundering, bank fraud, securities fraud, and embezzlement. The penalties will vary, too, depending upon the charges leveled against you. However, citizens of Arizona are subject to a wide array of legal rights that protect them from being unfairly tried and punished. Such people are guaranteed the right to privacy, freedom of assembly, and freedom of speech.
This is apart from the variety of rights available to the people accused of federal criminal offenses, but whether or not these are being exercised effectively in the court of law depends upon the competence of your Tucson federal criminal defense attorney, who can protect your individual and constitutional rights and use the same to fight your case. The skilled attorneys at Hernandez & Hamilton, P.C. are well-versed in updates in the law, stay up-to-date on new federal appellate decisions, and have tremendous experience handling complex legal matters in federal courts in Arizona and nationwide. Our attorneys are able to craft creative and novel legal arguments and spot legal issues that other attorneys often miss. These are the very types of arguments that can turn a losing case into a winning one.
To achieve this, the first thing that an effective federal criminal defense lawyer must do is educate the defendant on varying types of crimes, the penalties imposed against each, and your rights as citizens of the United States and the State of Arizona. This information can prove to be valuable before and after an arrest.
Misdemeanor In Arizona
Misdemeanor federal offenses are relatively rare and can range from petty offenses, including violations pertaining to irresponsible driving in certain areas of the state, to relatively serious crimes. The higher degree of misdemeanors could be composed of crimes related to DUI, domestic violence, and more occurring on federal lands, such as military installations, national parks, and Indian reservations.
Federal misdemeanors are often assimilated Arizona statutes incorporated into federal law under the Assimilative Crimes Act. 18 U.S.C. 13. The Assimilative Crimes Act states that “state law applicable to conduct occurring on lands reserved or acquired by the federal government as provided in 18 U.S.C. 7(3). When the act or omission is not made punishable by an enactment of Congress.” The penalties associated with such crimes are designed to mirror the penalties for misdemeanors under Arizona law. For example, Arizona misdemeanors are divided into classes; Class 1, Class 2, Class 3. The punishments against each of these vary, as does the degree of the crime itself. The Class 1 offenses consist of DUI, assault, disorderly conduct, rash driving, shoplifting, and more. Class 2 misdemeanors are composed of reckless driving, verbal assault, and a few others, while Class 3 misdemeanors are associated with petty misconducts, including excessive speeding. The penalties for such misdemeanors in federal court would be akin to that which one could expect in a state court.
In addition, there are dozens and dozens of federal specific misdemeanors. Almost all federal misdemeanor offenses are handled by United States Magistrate Judges who are authorized to impose sentences up to one year of imprisonment. Class A misdemeanors are subject to a maximum of 12 months in prison. Class B misdemeanors are punishable by up to 6 months imprisonment. Class C misdemeanors are punishable by up to 1 month imprisonment. Such cases are generally prosecuted by Assistant United States Attorneys or Special Assistant United States Attorneys (SAUSAs). SAUSAs are attorneys who work for the federal government but are usually temporarily detailed to the United States Attorney’s Office for the District of Arizona from elsewhere. For misdemeanors that occur on the military bases, often a Judge Advocate General (JAG) will represent the government in the U.S. District Court for the District of Arizona as a SAUSA. Federal misdemeanors are charged either by which are subject to fines, probation, and potential imprisonment up to 6 months in federal prison.
If you or a loved one are charged with a federal misdemeanor offense, you want an attorney with substantial federal experience, and who knows the differences between federal and state court practice. Contact the experienced attorneys at Hernandez & Hamilton, P.C. for your free consultation to see what options might be available in your federal misdemeanor case.
Felonies In Arizona
Felonies in Arizona are enforced through a different set of laws, depending on a few factors, including the person who committed the offense and how it was committed. As soon as you’re charged with an offense, particularly a federal criminal offense in Arizona, it is highly recommended to contact a reputed federal criminal attorney to prepare your case and effectively represent you.
Federal felony offenses are unlike other offenses prosecuted in state courts. Due to the seriousness of the offense, the procedure of getting the case solved is lengthy and intricate, giving you all the more reasons to seek legal help immediately. People accused of federal felonies are provided with some basic but fundamental constitutional rights, like any other citizen. Some of these rights are declared at the time of the arrest, which we call the Miranda rights. It empowers the defendant to remain silent and consult a federal criminal defense attorney of their choice. Even behind bars, the defendants enjoy certain rights, including the freedom to speak out and protection from prosecution attempts.
If you have been contacted by federal agents who are investigating criminal activity–such as the Federal Bureau of Investigation (FBI), the Secret Service (USSS), the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) just to name a few–you may be the target of a federal criminal investigation.
The first thing you should do when contacted by a special agent of the federal government is contact a federal criminal defense lawyer. At Hernandez & Hamilton, P.C., our aggressive and skilled federal criminal defense attorneys have the talent and experience you need to protect your rights and fight for your freedom. If you or a loved one find themselves the target of a federal criminal investigation or have been charged with a federal crime, contact Hernandez & Hamilton, P.C. right away to get the help you need.
Federal Crime Penalties In Arizona
In Arizona federal courts, misdemeanor offenses are punishable by prison time for up to 12 months, probation, and substantial fines and fees. These are applied to the offenses which call into Class A. As we move down the classes from Class A to Class C, the punishment against each keeps on decreasing. For an infraction, which is also a type of federal criminal offense, there is a potential consequence of, at most, 5 days in prison. Federal law also imposes other sets of punishment for relatively minor conduct of a misdemeanor, including community service, suspension of license, home detention, counseling, treatment, etc.
Frequently Asked Questions
What is a federal defense attorney?
Federal defense attorneys represent defendants accused of federal crimes, ranging from white-collar crimes, such as embezzlement, narcotics trafficking, money laundering, alien smuggling for profit, internet crimes, corporate fraud, and such, to murder, theft, possession of illicit weapons. These lawyers are tasked to deal with an array of federal criminal proceedings, including arrest, criminal probe, investigation, plea negotiations, motion practice, complex litigation, trials, the sentencing of the client, post-conviction proceedings, and appeals. Federal criminal defense attorneys who are skilled and well-versed in federal law and practicing in federal courts are the accused’s best line of defense in the court of law and the best hope for dismissal of the charges and/or exoneration at trial and/or reversal on appeal.
When should I hire a criminal defense attorney?
In the ideal situation, a federal criminal defense attorney should be hired before an arrest. However, it might not be possible or practical to do so, especially when the charges leveled against you were unexpected. In this situation, it is advised to seek a lawyer as soon as you’re released after the arrest and before the first hearing of your case. As soon as you find yourself in a legal hitch, contact a Tucson federal criminal defense attorney and brief them on what you’re accused of in detail.
How much does a federal crime attorney cost?
The fee of a federal criminal defense attorney varies based on numerous factors, including the quality and experience of the lawyer, the crime you’re accused of, the complexity of the situation, whether they charge by the hour, and more. Most criminal defense attorneys charge a flat-fee on a case-by-case basis that is determined based on the specific factors presented in your individual case. Contact the lawyers at Hernandez & Hamilton, P.C., today to discuss your options.