Miscellaneous Crimes Overview
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Not all criminal charges fit into the boxes we might expect—like DUI, drug offenses, or violent crimes. At Guardian Law, we handle those more common cases, but we also represent clients in a wide range of other offenses, which we call “miscellaneous crimes.” These are charges that don’t necessarily involve something as straightforward as theft or violence but still come with serious consequences and often complicated situations.
For example, imagine being charged with disorderly conduct after a misunderstanding at a loud family gathering, or facing trespassing charges simply for being somewhere at the wrong time. These kinds of cases fall into the “miscellaneous” category, where the facts aren’t always clear-cut, and a momentary action can easily be misinterpreted.
Our goal is to help clients sort through what often feels like a maze of misunderstandings or minor mistakes that have grown into major legal issues.
Whether it’s criminal speeding or a restraining order violation, we approach every case with the same level of focus and respect. Guardian Law is here to support clients in these challenging situations.
Our Case Process
Arrest and Initial Appearance
Whether in a pre-charge stage, or if you have already been arrested, this is when you need a free consultaion with our legal team. Ask for your lawyer.
Free Initial Consultation
During your free consultation, our legal team will evaluate your entire case and come up with the best defense strategy and potential outcome for you.
Pre-Trial & Motions
In the pre-trial phase, we gather all evidence during discovery, and pre-trial motions are filed to address legal issues or suppress evidence.
Trial, Verdict & Appeals
Our case is presented in court before a judge or jury. This is where our attorneys fight for you the hardest and stop at nothing to get the best outcome.
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► What Miscellaneous Crimes Does Your Law Firm Handle?
Arizona law categorizes a variety of offenses as “miscellaneous crimes,” each carrying distinct legal consequences. Below is an overview of the specific charges our firm handles:
Pre-Charge Investigations
Pre-charge investigations refer to the period before formal charges are filed, allowing individuals to engage a defense team to examine evidence and provide proactive legal guidance.
Restraining Order Violations
ARS 13-2810
A violation of a restraining order (often referred to as “interference with judicial proceedings” under ARS 13-2810) occurs when a person knowingly disobeys a court-issued protective order, such as an order of protection or injunction against harassment. This offense is considered a class 1 misdemeanor, although repeated violations or other aggravating factors may lead to harsher penalties.
Disorderly Conduct
ARS 13-2904
Disorderly conduct, as defined under ARS 13-2904, encompasses a range of actions deemed disruptive to public order, such as engaging in violent behavior, making unreasonable noise, or using abusive language. Depending on the severity, disorderly conduct may be charged as either a misdemeanor or a felony, particularly if weapons are involved.
Resisting Arrest/Assault on a Police Officer
ARS 13-2508 & ARS 13-1204
Resisting arrest (ARS 13-2508) involves intentionally preventing or attempting to prevent a law enforcement officer from making an arrest, often through physical force. If this resistance escalates to assault on an officer, it may be charged under ARS 13-1204 as aggravated assault, a more serious felony that reflects the protected status of law enforcement personnel.
Criminal Trespassing
ARS 13-1502, ARS 13-1503, & ARS 13-1504
Arizona law categorizes trespassing into three degrees:
- Third-degree trespassing (ARS 13-1502): Entering or remaining on property without permission, typically charged as a misdemeanor.
- Second-degree trespassing (ARS 13-1503): Unlawfully entering a non-residential property, such as fenced land, often a more serious misdemeanor.
- First-degree trespassing (ARS 13-1504): Unlawfully entering a residential property or critical infrastructure, which may result in felony charges depending on the location and intent.
Criminal Speeding
ARS 28-701.02
Criminal speeding under ARS 28-701.02 includes exceeding 85 mph on any highway, driving 20 mph over the posted limit in a residential or business area, or speeding in designated school zones. This offense is generally classified as a class 3 misdemeanor and can lead to fines, license suspension, and even jail time.
Arson
ARS 13-1703
Arson, defined in ARS 13-1703, involves knowingly and unlawfully causing damage to property through fire or explosives. The severity of arson charges varies based on factors such as intent, the extent of damage, and whether the act endangered lives or occupied structures. Arson is often charged as a felony due to the potential threat to public safety.
Criminal Property Damage
ARS 13-1602
Criminal damage (ARS 13-1602) includes acts that intentionally or recklessly deface, destroy, or tamper with another person’s property. Charges range from misdemeanors to felonies, depending on the value of the damaged property and the intent behind the act, with harsher penalties for cases involving significant or intentional damage.
► What are Pre-Charge Investigations and Why is Representation Important?
Imagine you’re being watched through a magnifying glass, with law enforcement gathering details and piecing together a story based on everything they see. That’s essentially what happens during a pre-charge investigation—authorities are building a case, but no formal charges have been filed yet. This is a critical window of time because the way the evidence unfolds here can influence whether charges are ultimately brought against you and what those charges might look like.
An attorney during the pre-investigation stage can speak with investigators, present favorable evidence, and correct any misunderstandings before they solidify into something damaging. For instance, if someone misinterpreted a casual text or a misunderstood conversation, your attorney can clarify context before it gets used against you. Without representation, you’re essentially handling this phase alone, which can sometimes lead to unintentional missteps—like saying something that sounds harmless but could be twisted or misunderstood to fit the prosecution’s case.
Think of it this way: if you had a chance to shape the direction of a movie about your life, you’d want to be involved from the beginning, ensuring the story reflects the truth. That’s what a defense attorney does in the pre-charge stage—working to shape the narrative early on, so the “story” of your case is as accurate and fair as possible before it even reaches the courtroom.
► Penalties For Miscellaneous Crimes
Crime | Classification | Potential Penalties |
---|---|---|
Pre-Charge Investigations | N/A | Allows for early intervention; can help prevent charges from being filed. |
Restraining Order Violations | Class 1 Misdemeanor | Up to 6 months in jail, fines up to $2,500, and probation. |
Disorderly Conduct | Class 1 Misdemeanor / Class 6 Felony (if weapon involved) | Up to 6 months in jail for misdemeanor; up to 2 years in prison for felony. |
Resisting Arrest / Assault on a Police Officer | Class 1 Misdemeanor (Resisting) / Class 5 Felony (Assault) | Up to 6 months in jail for resisting; up to 2.5 years in prison for assault. |
Criminal Trespassing | Class 3 Misdemeanor (3rd Degree) Class 2 Misdemeanor (2nd Degree) Class 6 Felony (1st Degree) |
Up to 30 days in jail (3rd Degree); up to 4 months in jail (2nd Degree); up to 2 years in prison (1st Degree). |
Criminal Speeding | Class 3 Misdemeanor | Up to 30 days in jail, fines up to $500, and possible license suspension. |
Arson | Class 4 Felony (Property Damage) / Class 2 Felony (Endangerment) | Up to 3.75 years in prison (Property Damage); up to 12.5 years in prison (Endangerment). |
Criminal Property Damage | Class 2 Misdemeanor (Minor Damage) Class 1 Misdemeanor (Moderate Damage) Felony (Significant Damage) |
Up to 4 months in jail (Minor); up to 6 months in jail (Moderate); 1 to 3.75 years in prison for felony charges. |
► 5 FAQs About Miscellaneous Crimes
1. What should I do if I’m under investigation during the pre-charge stage?
If you’re under investigation, it’s important to consult a criminal defense attorney immediately. Pre-charge investigations allow your defense team to interact with law enforcement and gather evidence before formal charges are filed. This stage provides an opportunity to potentially reduce or avoid charges altogether by presenting mitigating factors or disputing evidence.
2. What are the consequences of violating a restraining order in Arizona?
Violating a restraining order, such as an order of protection or injunction against harassment, is taken seriously in Arizona and is typically charged as a class 1 misdemeanor under ARS 13-2810. Penalties can include up to 6 months in jail, fines up to $2,500, and probation. Repeated violations or additional aggravating factors can increase the severity of penalties.
3. Can disorderly conduct charges be dismissed or reduced?
Yes, disorderly conduct charges may be dismissed or reduced, depending on the case specifics. Since disorderly conduct covers a wide range of behaviors under ARS 13-2904, your attorney can evaluate the circumstances—such as intent, context, and witness statements—to argue for dismissal or reduction. For example, if the behavior did not actually disturb the peace or lacked criminal intent, the court may consider alternative resolutions.
4. How serious is a charge of resisting arrest or assault on a police officer?
Resisting arrest is a class 1 misdemeanor, but assault on a police officer is more serious and is charged as a class 5 felony under ARS 13-1204. Penalties can range from 6 months in jail for resisting arrest to up to 2.5 years in prison for assault on a police officer. These charges often arise in stressful or confrontational situations, so having legal representation can help to clarify misunderstandings and reduce potential penalties.
5. What are the penalties for criminal speeding in Arizona, and can I lose my license?
Criminal speeding, as defined in ARS 28-701.02, is a class 3 misdemeanor and can lead to penalties including up to 30 days in jail, fines up to $500, and possible suspension of your driver’s license. Factors such as excessive speed or repeat offenses can influence penalties. A criminal defense attorney can assess the evidence, such as speed-tracking methods, and may help negotiate a reduction in penalties or prevent a license suspension.
► Contact an Arizona Criminal Defense Attorney From Guardian Law
If you’re facing any of the miscellaneous crimes we’ve discussed—whether it’s a pre-charge investigation, disorderly conduct, trespassing, or any other unique charge—having the right attorney on your side can make all the difference. Christian Lueders, the founder of Guardian Law, brings years of experience and a deep understanding of Arizona criminal law to each case. As a former felony prosecutor, Christian has worked with individuals across the full spectrum of criminal charges, from minor offenses to serious felonies, giving him insight into how these cases are handled from both sides of the courtroom.
Whether it’s protecting your rights during a pre-charge investigation or advocating for your defense in court, Christian and the team at Guardian Law are committed to providing you with focused and effective representation.
If you or a loved one is dealing with a challenging legal issue, contact Guardian Law today for a consultation and let Christian’s expertise work for you.
► Our Mission & Promise to You
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are commited to your freedom and ready to help.
- Personalized Representation: We understand that every case is unique and tailor our approach accordingly.
- Aggressive Defense: We’re relentless in defending your rights and pursuing the best possible outcome.
- Keeping You Informed: We believe in keeping you updated at every stage so you can make confident decisions.
Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.
- Phone: (480) 316-4618
- Our Office Location:
16165 N 83rd Ave, Suite 200
Peoria, AZ 85382 - Free Confidential Consultation: Contact us to schedule a meeting to discuss your case in detail.