If you are facing felony charges in Phoenix, the possibility of going to trial can feel overwhelming. Understanding how a criminal trial works in Arizona can reduce uncertainty and help you prepare for what lies ahead.
At Guardian Law, we represent individuals throughout Phoenix and across Maricopa County who are charged with serious felonies, including violent crimes, drug offenses, weapons charges, robbery, and white-collar crimes. As an experienced criminal defense attorney Arizona, we prepare every case as if it will go to trial — because strong trial preparation often leads to better outcomes, whether through acquittal or negotiation.
Below is a step-by-step overview of what to expect at a criminal trial in Phoenix.
When Does a Case Go to Trial?
A felony case proceeds to trial when:
- The defendant pleads not guilty
- No acceptable plea agreement is reached
- Pretrial motions do not resolve the case
In Arizona, most felony trials are decided by a jury. The prosecution must prove every element of the charged offense beyond a reasonable doubt.
If your case involves allegations such as aggravated assault, armed robbery, drug transportation for sale, or weapons misconduct, the State carries the full burden of proof.
Jury Selection (Voir Dire)
The trial begins with jury selection, also called “voir dire.”
During this phase:
- A panel of potential jurors is brought into the courtroom
- The judge and attorneys ask questions
- Jurors may be excused for bias or other reasons
The goal is to seat a fair and impartial jury. An experienced violent crime lawyer or robbery defense attorney carefully evaluates juror attitudes, particularly in cases involving firearms or allegations of serious injury.
Jury selection is one of the most important parts of the trial process.
Opening Statements
After the jury is selected, both sides present opening statements.
The prosecutor outlines the allegations and summarizes the evidence they expect to present.
The defense may:
- Highlight weaknesses in the State’s case
- Emphasize the presumption of innocence
- Frame the key issues for the jury
Opening statements are not evidence — they are roadmaps for what each side believes the evidence will show.
The Prosecution’s Case-in-Chief
The State presents its evidence first. This may include:
- Testimony from alleged victims
- Law enforcement witnesses
- Forensic experts
- Surveillance footage
- Physical evidence (drugs, firearms, documents)
The defense has the right to cross-examine every witness.
In cases involving drug charges, a drug crimes defense attorney may challenge search procedures, lab testing, or chain of custody. In firearm cases, a weapons charges lawyer may contest whether the weapon was actually used or exhibited.
Cross-examination is often where weaknesses in the prosecution’s case become clear.
Motion for Judgment of Acquittal
After the prosecution rests, the defense may file a motion arguing that the State failed to present sufficient evidence.
If granted, the judge can dismiss some or all charges without the case going to the jury. Although not common, this motion is a critical procedural safeguard.
The Defense Case
The defense is not required to present evidence. The burden remains on the prosecution at all times.
However, in some cases, the defense may present:
- Witness testimony
- Expert opinions
- Documentary evidence
- Self-defense claims
In violent crime cases, self-defense under Arizona law may be a central issue. In white-collar cases, a white collar crime defense strategy may focus on intent and financial records.
Whether or not the defendant testifies is a strategic decision made carefully with counsel.
Closing Arguments
After both sides finish presenting evidence, they deliver closing arguments.
The prosecution argues that the evidence proves guilt beyond a reasonable doubt.
The defense highlights:
- Inconsistencies in testimony
- Lack of reliable evidence
- Constitutional violations
- Reasonable doubt
This is the final opportunity to speak directly to the jury before deliberations begin.
Jury Deliberation and Verdict
The jury retires to deliberate in private.
To convict in a felony case in Arizona, the verdict must be unanimous.
The jury may return:
- Guilty on all counts
- Guilty on some counts
- Not guilty
- A hung jury (no unanimous agreement)
If the jury finds the defendant not guilty, the case ends immediately.
If convicted, the case proceeds to sentencing.
Sentencing After Trial
Sentencing depends on:
- The felony classification
- Whether the offense is designated as dangerous
- Prior felony convictions
- Aggravating or mitigating factors
Some offenses carry mandatory prison exposure, particularly when a firearm was used. Others may allow probation depending on the circumstances.
Sentencing advocacy is critical, and preparation begins long before trial concludes.
Frequently Asked Questions
How long does a felony trial last in Phoenix?
It varies. Some trials last a few days; complex cases may take weeks.
Do I have to testify at my trial?
No. You have the constitutional right not to testify, and the jury cannot hold that against you.
What happens if the jury cannot agree?
If the jury is deadlocked, the judge may declare a mistrial. The prosecution may choose to retry the case.
Is going to trial risky?
Trial always carries risk, but so does accepting a plea agreement. A knowledgeable criminal defense attorney Arizona will help you evaluate the strengths and weaknesses of your case before making that decision.
Speak With a Phoenix Criminal Trial Attorney
If you are facing felony charges and your case may go to trial, preparation is everything. You need a defense team that is strategic, aggressive, and courtroom-ready.
Guardian Law represents clients throughout Phoenix, Scottsdale, Mesa, Glendale, Peoria, Surprise, Avondale, Buckeye, and across Maricopa County in serious felony matters.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.