Wednesday, August 21, 2019

Police Investigate Even Minor Hit and Runs

Police are mandated to investigate any hit and run accidents, even minor ones that only involve slight damage to property and no physical injuries or if alcohol is involved. So, do not think the police will not get involved.  You should not neglect your legal duties in case you are involved in an accident under applicable Arizona laws. A hit and run is defined as a traffic accident in which a driver leaves the scene without fulfilling their legal duties as a party to the collision. Under Arizona law, two major statutes define your legal duties if you are involved in a hit and run. Under ARS 28-663, if you are the driver of a car that is involved in an accident that resulted in death or injury, or damage to a vehicle driven or attended by a person, your duties are to:

  1. Provide your name and your car’s vehicle registration number
  2. If requested, show your driver’s license to the driver, persons struck, or the occupants of the car as well as persons attending them
  3. Provide reasonable aid to persons injured in the accident, including first aid. If it is apparent that the injured persons need treatment, you must make arrangements to get them to a physician or hospital
Under ARS 28-662, if you’re involved in an accident involving only damage to a vehicle attended or driven by a person, your legal duties include:
  1. Stopping your vehicle at the accident scene or near it but return immediately to the scene
  2. Remaining at the scene until you meet the requirements of ARS 28-663
  3. Stopping without unduly obstructing traffic
Here are several hit and run scenarios and their corresponding penalties if you fail to meet your legal duties:
  • Hitting an unoccupied parked vehicle
  • Failing to meet your legal duties is a class 3 misdemeanor, which carries with it a fine of $500, up to 30 days in jail, and 1 year probation. However, you can meet your legal duties in this case by leaving a note on the windshield with the relevant information.
  • An accident that causes damage to an occupied vehicle
  • Not meeting your legal duty is a class 2 misdemeanor, which carries with it a $750 fine, maximum jail time of 4 months, and two years probation.
  • An accident that only involves non-serious injury
  • Failing to meet your legal duty is a class 5 felony, whose penalties include a 3-year revocation of the driver’s license and maximum jail time of 2.5 years.
  • An accident that causes death or serious injury
  • Failing to meet your duty is a class 2 felony. This carries with it a penalty of up to 8.75 years in jail and revocation of your driving privileges for five years.
Police will get involved in both the misdemeanor and felony matters, although they will prioritize accidents where one or more of the parties involved have sustained a physical injury. Even in cases where there are minor injuries and minimal property damage, you should contact the police. This can help you if you make a claim with your insurance provider, since there is a police report and a case number. If you are the guilty party in a minor hit and run, this does not mean you are free and clear if you believe you successfully avoid detection.  The police will investigate and try to track you down. Thus, it is always the best course of action to meet your legal duties in a hit and run, even one considered minor. If you have left the scene, however, and the police contact you, get in touch with an attorney immediately to ensure that your rights are protected. Attorney Robert Dodell is an experienced lawyer who has worked in both criminal defense and as a prosecutor. If you have left the scene of a hit and run and are worried that you will be charged with a crime, Attorney Robert Dodell will fight your case even before it goes to court. He will conduct his own independent investigation to ensure that your case has the best possible outcome.    

Police Investigate Even Minor Hit and Runs is available on https://www.azcrimlaw.com

AzCrimLaw - Robert A. Dodell

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

https://goo.gl/okuXui

Friday, August 2, 2019

How Is a Sex Crime Defined in Arizona?

How is a sex crime defined in Arizona? It is a serious matter if you are charged with a sex crime in this state. It may even come with potentially life altering consequences. You could be looking at a lifetime of monitoring, probation, and a lot of hassle. Sex Crime

What Charges are Considered Sex Crimes?

In the state of Arizona, there are a lot of criminal charges that fall under the category of sex crimes. Many of these require registration in the sex offender database of the state. Here is a list of some of the charges that are defined as sex crimes:
  • Sexual exploitation of a minor
  • Child sex trafficking
  • Luring a minor for sexual exploitation
  • Commercial sexual exploitation of a minor
  • Unlawful disclosure of explicit images
  • Taking a child for the purpose of prostitution
  • Voyeurism
  • Violent sexual assault
  • Unlawful sexual conduct
  • Sexual misconduct by licensed professionals
  • Continuous sexual abuse of a child
  • Bestiality
  • Child molestation
  • Sexual assault
  • Sexual conduct with a minor
  • Sexual abuse
  • Public sexual indecency
  • Indecent exposure
  • Kidnapping (with intent to inflict sexual abuse)
  Note that there are other charges that also fall within the category of a sex crime in Arizona. The sentencing varies from minor misdemeanors all the way to a serious felony that could require a lengthy prison sentence that can last up to 27 years or, in some cases, life imprisonment. At any rate, you will need the aid of an experienced criminal defense attorney in order to deal with any charges of this kind. We recommend Robert A. Dodell, Attorney At Law, in case you find yourself charged in the state of Arizona.

Defining the Terms

In the state of Arizona, a sexual assault is defined as an event where a person knowingly and intentionally engages in oral or sexual contact or intercourse without the consent of the other party. This act is also commonly referred to as rape. What if an act does not meet all of these conditions? If that is the case, then the charge falls under sexual abuse. Take note of the following details:
  • There must be a penetration of the penis, vulva, or anus using anything bodily or otherwise for it to constitute sexual intercourse.
  • The intercourse is without the consent of the other party involved.
  • Oral sexual contact involves any oral contact with the anus, penis, or vulva.
  • Intimidation, fear, and threats may be used by the assailant when a sexual assault occurs.

Age of the Victim

The age of the victim at the time of the incident is a huge factor considering the sanctions and penalties levied on abuses committed toward children. If the victim was under the age of 15, then that translates to longer sentences. A rape conviction in Arizona will require prison time anywhere from 5 to 14 years. However, if the victim was under the age of 15 then the defendant will likely face a sentence that could last anywhere from 13 to 27 years, or even life.

Aggravating Circumstances

There are items or acts that may aggravate the sentence under Arizona law. For instance, if a date rape drug was used then an additional 3 years will be added to the sentence. If a serious physical injury was inflicted on the victim during the commission of a sex crime then the sentence can be raised to 25 years to life in prison.

Sexual Exploitation of a Minor

Sexual exploitation of a minor is also known as child pornography under state law. It occurs when an individual purchases, transports, sells, develops, duplicates, photographs, receives, transmits, films, or records any depiction of a minor engaged in sexual acts. This charge is considered as a class 2 felony. It carries with it a sentence that lasts 10 to 24 years.

Indecent Exposure

An indecent exposure can occur when people expose themselves to others inappropriately or even recklessly. That exposure is without regard of whether the other parties will be alarmed or offended. Note, however, that this charge does not cover mothers who are breastfeeding.

Need Legal Advice

There are plenty of offences that fall under the term sex crime in the state of Arizona. If you have been charged with any of these, then you will need legal advice from an experienced and results-driven sexual crimes defense attorney. We recommend Robert A. Dodell, Attorney At Law. With more than 30 years of experience, the nuances of criminal laws and statutes in Arizona will be explained to you as clearly as possible and you may even work your way toward reducing your sentence.  

The following blog post How Is a Sex Crime Defined in Arizona? is available on write up on the Robert Dodell Blog

AzCrimLaw - Robert A. Dodell

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

https://goo.gl/maps/diwY4pu8X5m