If you are facing felony charges in Gilbert or anywhere in Maricopa County, one of the most pressing questions you may have is: Will my case go to trial? While many criminal cases resolve through plea agreements, some proceed to a jury trial—especially when the stakes are high and the evidence is contested.

Understanding what happens when a criminal case goes to trial in Arizona can help you prepare and make informed decisions about your defense.

At Guardian Law, we represent individuals across Gilbert, Mesa, Scottsdale, Phoenix, and surrounding communities who are facing serious felony charges. As a focused criminal defense attorney Arizona firm, we prepare every case as if it will go to trial.

When Does a Criminal Case Go to Trial?

A criminal case typically proceeds to trial when:

• The defendant rejects a plea agreement
• The prosecution refuses to offer acceptable terms
• Key evidence is disputed
• Constitutional violations are challenged
• The defense believes the state cannot prove guilt beyond a reasonable doubt

In many violent crime, drug crime, weapons charges, and white collar crime defense cases, trial becomes necessary when the consequences of a conviction are severe and negotiation does not produce a fair outcome.

The Right to a Jury Trial in Arizona

Under both the U.S. Constitution and Arizona law, individuals charged with serious crimes have the right to a jury trial.

In felony cases in Maricopa County:

• A jury typically consists of 8 or 12 jurors depending on potential sentencing exposure
• The verdict must be unanimous
• The prosecution must prove guilt beyond a reasonable doubt

The burden of proof always remains on the state.

The Trial Process in Gilbert Criminal Cases

1. Jury Selection (Voir Dire)

The trial begins with jury selection. Attorneys question potential jurors to identify bias or conflicts.

An experienced violent crime lawyer or robbery defense attorney will look for:

• Preconceived views about law enforcement credibility
• Bias regarding firearms or drug allegations
• Assumptions about defendants who exercise their right to trial

The goal is to seat a fair and impartial jury.

2. Opening Statements

Both sides outline their theory of the case. The prosecution explains what they believe the evidence will show. The defense highlights weaknesses, inconsistencies, or constitutional concerns.

This is not argument—it is a roadmap of what the jury can expect to hear.

3. The Prosecution’s Case-in-Chief

The state presents evidence first. This may include:

• Law enforcement testimony
• Alleged victims
• Forensic experts
• Body camera footage
• Financial records in fraud or theft cases

For example:

• In aggravated assault cases under A.R.S. § 13-1204, the state must prove specific elements such as serious physical injury or use of a deadly weapon.
• In drug transportation for sale cases under A.R.S. § 13-3407 or § 13-3408, prosecutors must prove knowledge and intent to sell.
• In weapons misconduct cases under A.R.S. § 13-3102, the state must establish prohibited possession or unlawful conduct.

Your criminal defense attorney Arizona defendants trust will cross-examine each witness to expose inconsistencies and weaknesses.

4. Motion for Judgment of Acquittal

After the prosecution rests, the defense may file a Rule 20 motion arguing the state failed to present sufficient evidence.

If granted, the case is dismissed before it reaches the jury. While not common, this motion can be powerful in cases with weak evidence.

5. The Defense Case

The defense may present:

• Witness testimony
• Expert witnesses
• Documentary evidence
• Alternative theories

Importantly, the defendant is not required to testify. The burden never shifts to the defense.

In white collar crime defense cases such as fraud (A.R.S. § 13-2310) or forgery (A.R.S. § 13-2002), the defense may challenge intent, financial tracing, or investigative assumptions.

6. Closing Arguments

Both sides summarize the evidence and argue how the jury should interpret it.

The defense focuses on reasonable doubt—highlighting gaps, contradictions, and the prosecution’s failure to meet its burden.

7. Jury Deliberation and Verdict

The jury deliberates privately. In Arizona felony cases, the verdict must be unanimous.

Possible outcomes include:

• Guilty
• Not Guilty
• Guilty on a lesser-included offense
• Hung jury (no unanimous decision)

If the jury cannot reach a unanimous verdict, the court may declare a mistrial.

What Happens If You Are Found Guilty?

If convicted, sentencing may occur at a later hearing. Arizona sentencing laws depend on:

• The felony class
• Dangerous offense allegations
• Prior felony convictions
• Aggravating and mitigating factors

For example:

• Armed robbery under A.R.S. § 13-1904 may carry mandatory prison.
• Dangerous offenses can eliminate probation eligibility.
• Repetitive offender enhancements can significantly increase prison exposure.

An experienced weapons charges lawyer or violent crime lawyer will argue aggressively at sentencing if necessary.

Why Some Cases Should Go to Trial

Not every case should be resolved through a plea agreement. Trial may be appropriate when:

• The evidence was obtained illegally
• Witness credibility is questionable
• Identification is weak
• Intent cannot be proven
• The plea offer is worse than the realistic trial risk

Prosecutors must prove every element beyond a reasonable doubt. If they cannot, a jury trial may offer the strongest path forward.

Frequently Asked Questions

How long does a criminal trial last in Arizona?

Felony trials may last anywhere from a few days to several weeks depending on complexity, number of witnesses, and type of charge.

Do defendants usually testify?

Not always. In many cases, the defense relies on cross-examination and weaknesses in the state’s evidence rather than putting the defendant on the stand.

What are the chances of winning at trial?

Every case is fact-specific. Outcomes depend on the strength of the evidence, legal issues, witness credibility, and strategic preparation.

Is it risky to go to trial?

There is always risk. However, accepting a plea agreement also carries permanent consequences. A careful evaluation of sentencing exposure and evidence strength is critical.

The Importance of Trial-Ready Representation

The strongest plea negotiations often come from a defense team that is fully prepared for trial. Prosecutors evaluate risk. When they know the defense is prepared, leverage shifts.

At Guardian Law, we focus exclusively on serious felony defense, including:

• Violent crimes
• Drug crimes
• Firearms offenses
• White collar crimes

Our approach includes:

• Thorough investigation and evidence analysis
• Strategic motion practice
• Aggressive cross-examination
• Clear client communication
• Trial-focused preparation from day one

If your case in Gilbert or anywhere in Maricopa County is heading toward trial, you need experienced and strategic representation.

Speak With a Gilbert Criminal Defense Attorney Today

If you are facing the possibility of trial in Gilbert, Mesa, Scottsdale, Phoenix, or surrounding Arizona communities, do not wait to secure experienced legal counsel.

Call Guardian Law today at (602) 888-8020 for a confidential consultation.