MESA PHOENIX JUVENILE VIOLENT CRIMES DEFENSE ATTORNEY
Juvenile (child or teen) violent crimes include murder, aggravated assault, weapons crimes, domestic violence, and armed robbery.
A.R.S. § 13-501(A) provides that the County Attorney shall prosecute a juvenile as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following: first degree murder, second degree murder, forcible sexual assault, armed robbery, any other violent felony offense, any felony offense committed by a chronic felony offender, or any offense that is properly joined to an offense listed in this section. A juvenile who is prosecuted as an adult shall be sentenced as an adult according to A.R.S. § 13-501(F).
“A juvenile who is being prosecuted as an adult for a violent crime isn’t necessarily an evil person.” Lisa Witt
A.R.S. § 13-501(H)(4) defines “other violent felony offense” as aggravated assault that causes a serious physical injury to another, aggravated assault involving the use of a deadly weapon or dangerous instrument, drive by shooting, or discharging a firearm at a structure.
A.R.S. § 13-501(H)(2) defines a “chronic felony offender” as a juvenile who has had two prior and separate adjudications and dispositions that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.
A.R.S. § 13-501(D) requires that the County Attorney file a notice stating that the juvenile is a chronic felony offender when he or she files the complaint or indictment against the juvenile.
A.R.S. § 13-501(E) provides that the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender on motion of the juvenile. At the hearing the State shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. The court shall transfer the juvenile to the juvenile court if it does not find that the juvenile is a chronic felony offender. The criminal prosecution shall continue if the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion.
“These cases are complex. What the State just doesn’t get—can get your child off.”
A.R.S. § 13-501(B) provides that the County Attorney may prosecute a juvenile as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following: a Class 1 felony; a Class 2 felony; a Class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title; a Class 3, 4, 5 or 6 felony involving a dangerous offense; any felony offense committed by a chronic felony offender; or any offense that is properly joined to an offense listed in this subsection.
DEFENSES FOR JUVENILE VIOLENT CRIMES CHARGES IN ARIZONA
A teenager facing charges for violent crimes may end up with a long adult prison sentence. Lisa is a compassionate, detail-oriented defense attorney who will fight for your teenager who is facing charges for violent crimes. She will thoroughly evaluate your teenager’s case to see if any of the following defense strategies apply:
Not a “chronic felony offender”: Your teenager does not meet the statutory definition of a “chronic felony offender.”
Act described is not a violent crime: The act described may not fit the statutory definition of a violent crime.
Eyewitnesses: There may be eyewitnesses who can testify about the event.
Mistaken identity: Someone else committed the violent crime and your teenager was mistakenly identified as the suspect.
Alibi: Your teenager may have been at school or working with other people or elsewhere when the violent crime took place.
Implausibility of State’s case: The State’s case may be implausible based on the timeframe or other facts alleged.
Insufficiency of State’s evidence: The State may have insufficient evidence to prove a violent crime beyond a reasonable doubt.
Missing or tainted evidence: Sometimes the State cannot produce their evidence or it is corrupted.
Suppression of State’s evidence: The State may have violated your teenager’s constitutional rights or otherwise acted illegally in acquiring evidence or confession.
Reduction in number of counts: Each count alleged against your child should concern a separate criminal act and not be part of the same violent crime.
Police misconduct: There may be police misconduct in collecting the evidence, investigating the violent crime, interviewing the victim and witnesses, or obtaining your child’s confession.
Prosecutorial misconduct: There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general disposition of your child’s case.
Possible other defenses to a violent crime: Depending on the unique facts of your child’s case, there may be other possible defenses. Lisa thinks outside the box by diligently searching for defenses so she may come up with a novel defense that no other attorney has thought of before.
If your child has been charged with a violent crime, you need a passionate, detail-oriented defense attorney. Please call LisaLaw, LLC or fill out the online form for a free case review.
Lisa Witt is a Mesa/Phoenix, Arizona juvenile violent crimes defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.