Arizona’s Aggravating Circumstances Law: Part 1

Arizona has 26 aggravating circumstances that a trier of fact shall determine and the court shall consider when sentencing a person convicted of a felony according to A.R.S. § 13-701(D). Every circumstance except circumstance 26 is a fact about the defendant’s criminal history, the defendant’s conduct, the victim, or the felony. Circumstance 26 is a catch-all for the prosecutor to use if the other aggravating circumstances don’t apply. This blog post will discuss aggravating circumstances that are facts about a defendant’s criminal history and conduct.

Aggravating circumstances that are facts about a defendant’s criminal history are:

• The court determines that the defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. (aggravating circumstance (11).
• The defendant was convicted of negligent homicide, manslaughter, second degree murder or aggravated assault arising from an act that was committed while driving a motor vehicle and the defendant's alcohol concentration at the time of committing the offense was 0.15 or more. (aggravating circumstance (16)).
• The defendant was convicted of one or more of the following federal crimes: unlawfully bringing aliens into the U.S., bringing in and harboring certain aliens, improperly entering the U.S. as an alien, reentering the U.S. as an alien, or importing an alien for an illegal purpose at the time of the commission of the offense. (aggravating circumstance (21))
• During or immediately following the commission of the offense, the defendant left the scene of a car accident involving death, physical injuries or vehicle damage, or did not give information and assistance following a car accident during or immediately following the commission of the offense. (aggravating circumstance (23)) ‘
• The defendant was convicted of sex trafficking or trafficking of persons for forced labor or services or child sex trafficking and the defendant recruited, enticed or obtained the victim from a shelter that is designed to serve runaway youth, foster children, homeless persons or victims of human trafficking, domestic violence or sexual assault. (aggravating circumstance (24)).
• The defendant was convicted of aggravated assault and there is evidence that the defendant committed the crime out of malice toward a victim because of the victim's employment as a peace officer. (aggravating circumstance (25)).

Aggravating circumstances that are facts about a person’s conduct are:

• Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment. (aggravating circumstance (1)).
• Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment. (aggravating circumstance (2)).
• At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to the defendant's office or employment. (aggravating circumstance (8)).
• The defendant was a personal representative, guardian, conservator, or trustee under Title 14 and the offense involved conduct directly related to the defendant's duties to the victim as fiduciary. (aggravating circumstance (14)).
• Lying in wait for the victim or ambushing the victim during the commission of any felony. (aggravating circumstance (17)).

The prosecutor will try to come up with as many aggravating circumstances as possible if you are charged with a felony. Don’t try to fight this battle on your own. You need an experienced defense attorney to fight for you. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

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Arizona’s Opioid Crisis – Why You May Need a Criminal Lawyer

On June 1, 2017, the Arizona Department of Public Health issued a News Release that stated:

The Arizona Department of Health Services today released its latest data on opioid overdoses in Arizona showing the highest number of deaths in ten years. In 2016, 790 Arizonans died from opioid overdoses. The trend shows a startling increase of 74 percent over the past four years. . . . Key findings from the report include:

• An average of two Arizonans die each day from an opioid overdose.

• Opioid overdoses and deaths are steadily increasing each year with 2016 showing the highest number of deaths.

• In 2016, 790 Arizonans died from an opioid overdose.

• Heroin deaths have tripled since 2012.

• In the past decade, there were 5,932 people who died from opioid-induced causes.

• Arizona opioid death rates start to rise in the late teens and peak at age 45-54.

• The opioid death rate drops significantly above the age of 65.

• There is a significant impact on the healthcare system. Opioid-related hospital encounter rates have increased by 300 percent over the past decade.

• Arizonans are requiring more doses of naloxone to reduce opioid overdose deaths.

• While the majority of deaths occur in metropolitan areas, rural areas have the greatest challenge in responding to opioid overdoses. Read more on the AzDHS.gov website here.

  On June 5, 2017, the Office of the Governor Doug Ducey issued a News Release about his emergency declaration concerning the opioid crisis:

Governor Doug Ducey today signed an emergency declaration to address the growing number of opioid deaths in our state. As the number of opioid overdoses and deaths increase at an alarming rate, we must take action. It’s time to call this what it is — an emergency,” said Governor Ducey. “Most of us know someone impacted by substance abuse — our family, our friends, our neighbors. Our hearts ache for them, but that isn’t enough. We must do more. I’m declaring a statewide health emergency because we need to know more about the epidemic, including enhanced data that illustrates when and where these overdoses occur so that we can develop real, targeted solutions. Read the full release on AzGovernor.org.

The emergency declaration directed that the State of Arizona Emergency Response and Recovery Plan be used to direct and control State and other assets, and authorize the Director of the Arizona Department of Emergency and Military Affairs to coordinate State assets. It authorized the Director of the Arizona Department of Health Services to coordinate all matters pertaining to the public health emergency response of the State. It required the Director of the Arizona Department of Health Services to consult to the Governor on identifying and recommending the necessary elements for an Enhanced Surveillance Advisory, initiate emergency rule making with the Arizona Attorney General’s Office in order to develop rules for opioid prescribing and treatment within health care institutions, and develop guidelines to educate healthcare providers on responsible prescribing practices. Opioid abuse often leads to criminal charges. If you or a loved one has been charged, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free initial consultation.

The following blog post Arizona’s Opioid Crisis – Why You May Need a Criminal Lawyer Read more on: Gary Rohlwing Law

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Arizona Has a Zero Tolerance DUI Policy – What Does That Mean For You

The Arizona Zero Tolerance DUI Law

Arizona passed A.R.S. § 4-244(34) in response to the 1995 National Highway Systems Designation Act stating that federal highway funds would be withheld from any state that failed to set a 0.02 alcohol concentration limit for minor drivers. A.R.S. § 4-244(34) provides: “It is unlawful for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” In Arizona, you are deemed underage for drinking if you are less than 21 years old – even if you will be celebrating your 21^st birthday in 6 hours. While other states would allow alcohol concentrations up to 0.02% for underage drivers, Arizona allows zero alcohol concentrations. It is a fact that it is illegal for minors to drink alcohol. However, minors cause approximately 17% of all alcohol-related car crashes resulting to death every year. Around 2000 underage drinkers lose their lives while driving, one third of which involve alcohol.  

Why Arizona Has Zero Tolerance DUI Laws in Place

Why does Arizona have this zero tolerance DUI law? Everyone knows that many people started drinking alcohol before they were 21, the legal drinking age. Chances are, most have driven a motor vehicle as well. Unfortunately, approximately one third of all fatal accidents that involve 15 – 20 year old minors are car accidents, around 35% of which involve alcohol. The percentage of alcohol-related accidents in young drivers is about twice as much as the rate for drivers above the age of 21.  

The Impact of Zero Tolerance Laws

There’s no doubt that zero tolerance is stringent and may seem too harsh for some people. In fact, a lot of people doubt whether the strict policy actually has a positive effect on minors. The NHTSA (National Highway Traffic Safety Administration) compared statistics between 12 states that have a zero tolerance law in place against 12 other states with no zero tolerance laws in place. The results? States with zero tolerance laws showed a 20% drop in single night time crashes that resulted to death of underage drivers. According to the NHTSA, the biggest decrease in deadly crashes happened in states with underage alcohol concentration of no more than 0.02%. States that allow a higher alcohol concentration level for underage drivers registered less impact. Although the NHSD Act of 1995 merely required states to set a 0.02% alcohol concentration limit for minor drivers, Arizona along with other states decided to put a zero tolerance policy in place. The law may be harsh but the figures do not lie. The difference between 0.00% and 0.02% may be miniscule but it keeps more underage drivers alive. Arizona has good reason to take the NHSDA act seriously. When facing a zero tolerance DUI charge in Arizona, contact the Law Offices of Gary L Rohlwing and make sure your rights are protected. Law Offices of Gary Rohlwing - Peoria Law Offices of Gary L. Rohlwing - Surprise Gary Rohwling Law Offices - Sun City Law Offices of Gary Rohlwing - Goodyear

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/dui/arizona-has-a-zero-tolerance-dui-policy/