Regardless of the circumstances, burglary in Arizona is a felony. Residential burglary does carry more severe consequences than non-residential burglary, but both are felonies. If the burglary involves a firearm, residential or non-residential, the charge is automatically first degree burglary. Luckily not every criminal charge ends in conviction, and with the right legal assistance, you may be able to prove your innocence. Degrees of Burglary in AZ Third-degree burglary is a class 4 felony in Arizona and is defined as: Unlawfully entering or remaining in a nonresidential structure or fenced in area with the intent of committing any theft or felony, or

What is Executive Clemency?

Executive clemency is the power of pardoning used by either a president, if it’s a federal case, or a governor if it’s a local case. The executive can pardon a criminal’s sentencing, reducing it from the death penalty, or lessening it in other ways. Why pardon a deadly offender? If someone has shown significant improvement by demonstrating drastic rehabilitation, or they’ve been committed to long-term public service, the executive may want to clear the offender’s record. Sometimes a president or governor can have actual doubts about the guilt of a prisoner, and can simply choose to pardon them. In other

First, let’s discuss the difference between a preliminary breath test (PBT) and a breathalyzer test. A PBT is a portable device used by police to register your BAC after you are pulled over. The results from a PBT cannot be used against you in a court of law, but can be used to aid in your arrest. Field Sobriety Test and the PBT The two tests administered at the time you are pulled over will either be the field sobriety test or the PBT. If you refuse both, you will be taken into custody, but that does not mean you

A capital murder trial takes place whenever the circumstances of a murder are so severe that it warrants the death penalty for the accused. First-degree murder, aggravated murder, and capital murder are some of the names given to murders serious enough to result in capital punishment, or the death penalty. However, some state courts have the options of either the death penalty or life imprisonment. Capital murder trials are considerably more expensive than the average trial too because of the amount of time it takes to reach a verdict. There are also expert witnesses involved, and a very thorough jury

A presumptive sentence is a guideline for the judge to use during sentencing. The presumptive sentence is the appropriate sentence for a specific crime, it contains the necessary jail or prison time and fines. The judge will take into account other relating factors to the crime, including the defendant’s criminal record, mitigating and aggravating factors, and will then determine the actual sentence. Examples of Presumptive Sentencing For a judge, the presumptive sentence includes the baseline rules for sentencing any specific crime—usually a felony—and the judge can harshen or lighten the sentencing based on the defendant’s criminal record or other factors.

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