Arizona Criminal Defense Attorney Blog

In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment. On appeal, the State had argued that the trial court should not have dismissed the defendant’s indictment, which was based on the defendant’s status as a minor at the time of…

In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no prior convictions. A recent case before the Arizona Court of Appeals, Division One, highlights this reality, which can be difficult for defendants trying to argue for lighter…

When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as there are multiple exceptions to the rule of evidence indicating that testimony about a prior bad act is inadmissible during trial. One such exception is when the evidence speaks to a party’s motive, opportunity,…

When evidence regarding a defendant is more prejudicial than it is relevant, it is the defense attorney’s job to fight to exclude the evidence in order to keep the jury from being unnecessarily biased. In a recent case before the Arizona Court of Appeals, Division Two, the defendant successfully appealed his conviction of second-degree murder…

In a recent case before the Arizona Court of Appeals, Division One, the court had to decide whether a police officer’s honest mistake before a traffic stop meant the trial court should have suppressed evidence that he found during the stop. The case highlights the leniency that some courts will give to officers based on…

In Arizona, a person is justified in using physical force if the force is immediately necessary for that person’s protection. This justification is called self-defense. In a recent case before the Arizona Court of Appeals, Division One, the court found that the defendant did not prove he acted in self-defense during a violent altercation. With…

In an April 2024 opinion regarding sexual exploitation of a minor, Division Two of the Arizona Court of Appeals sided with the defendant by ruling that the government should not have searched the defendant’s personal property without a warrant. The case revolved around the defendant’s spy camera, which he put in a bathroom to secretly…

Under the U.S. Constitution as well as the Arizona Constitution, the Eighth Amendment protects individuals from “cruel and unusual punishment.” Courts interpret this standard differently in different contexts. In a new case coming out of the Arizona Court of Appeals, Division Two, the court offered some guidance about interpreting the Eighth Amendment in relation to…

When defending against Arizona criminal prosecutions, understanding the nuances of expert testimony can be a game-changer in shaping the outcome of a case. The Arizona Court of Appeals recently released a ruling that helps to explain the requirements for a witness in a criminal case to testify as an expert. These standards and requirements may…

Recently, an Arizona criminal defendant challenged a trial court’s decision to deny his request for DNA evidence. The defendant was originally charged with burglary, and after he pled not guilty, his case went to trial. A jury found the defendant guilty of two burglaries, and the trial court sentenced him to 12 years in prison…