DM Cantor

- 40 N Central Ave Suite 2300, Phoenix, AZ 85004

Criminal Justice Attorney

A.R.S. §13-1204 Aggravated Assault is committing Assault under A.R.S. §13-1203 under a variety of circumstances that the legislature has deemed to require more punishment than available under the normal Assault statute. The most commonly charged circumstances for Aggravated Assault are committing an Assault where the defendant: 1) either causes serious physical injury or substantial disfigurement to another, or 2) uses a deadly weapon or dangerous instrument (i.e., a car) to intentionally place somebody in imminent fear of serious physical injury.

A.R.S. §13-1703 and §13-1704 “Arson” occurs when a person knowingly and unlawfully damages a structure or property by knowingly causing a fire or explosion. If the structure was occupied, then Arson can be charged as a class two (2) felony. A class two (2) felony punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

A.R.S §13-1410 “Child Molestation” occurs when a person intentionally or knowingly engages in, or causes a person to engage in, sexual contact (except sexual contact with the female breast) with a child under fifteen (15) years of age. Need an Arizona Child Molestation Lawyer? Contact David Michael Cantor if you have been charged with Child Molestation.

A.R.S. §28-3473 “Driving on a Suspended License” occurs anytime you knowingly operate a motor vehicle while your license is suspended, revoked, cancelled, refused, or otherwise disqualified from driving.If you have been charged with Driving on a Suspended License in Phoenix or Arizona, you need effective and knowledgeable legal representation.

A.R.S. §13-1201 “Endangerment”, occurs when a person recklessly endangers another person with a substantial risk of eminent death or physical injury. This is usually charged in cases that involve extreme indifference while driving. Most often it is used by a Prosecutor as a “lesser offense” in order to plead an Aggravated DUI down to an Endangerment charge. Since Aggravated DUI is a class four (4) felony, and Endangerment is a class six (6) felony (i.e., a lower felony), it can transform mandatory prison time into jail time. With “prison”, a person must be behind bars twenty-four (24) hours a day, however, with “jail” time, a person only needs to be behind bars twelve (12) hours a day while they are allowed to go to work for the other twelve (12) hours a day.

A.R.S. §13-1804 “Extortion” occurs by knowingly obtaining or seeking to obtain property or services by means of a future threat to: cause physical injury by means of a deadly weapon or dangerous instrument or some other manner; cause damage to property; engage in other conduct constituting a criminal offense; accuse anyone of a crime or bring criminal charges against anyone; expose a secret or asserted fact (whether true or false) tending to subject anyone to hatred, contempt, or ridicule, or to impair the person’s credit or business; take or withhold action as a public servant or cause a public servant to take or withhold action; or cause anyone to part with any property.

In Arizona, Extreme DUI / DWI and Super Extreme DUI / DWI carry more severe penalties than a regular DUI. EXTREME DUI / DWI (A.R.S. §28-1382) Driving with a Blood Alcohol Content (BAC) of 0.15% or greater within two hours of driving. SUPER EXTREME DUI / DWI (A.R.S. §28-1382(D)(1)) Driving with a Blood Alcohol Concentration of 0.20% or greater within two hours of driving.

A.R.S §13-1105 “First-Degree Murder” occurs when a person who is intending (or knowing) that his conduct will cause the death of another person, actually does cause the death of another person, with premeditation.

A.R.S. §13-2002 “Forgery” occurs when a person knowingly completes or alters a written instrument, knowingly possesses a forged instrument, or knowingly offers or presents a forged instrument (whether it is accepted or not). An instrument can still be considered a “forged instrument” even if it has a proper authentic signature, so long as it has a forged amount or other forged material information or alteration.

A.R.S. §13-2310, “Fraudulent Schemes” occurs when a person creates a scheme or artifice to defraud, and knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions. A “scheme or artifice” to defraud includes a scheme to deprive a person of the intangible right of honest services. To be convicted, it is not necessary that the person who is defrauded actually relied on the fraud.

A.R.S. §13-2921 “Harassment” occurs when a person, with the intent to harass another person, causes a communication with another person (either verbal, electronic, telephonic, or otherwise) which would cause a reasonable person to be seriously alarmed, annoyed, or harassed, and the conduct does in fact seriously alarm, annoy, or harass another person. This can occur if a person continues to follow another person in a public place for no legitimate purpose after being asked to desist; if the person repeatedly commits act or acts that harass another person; if they surveil a person for no legitimate purpose; and if on more than one (1) occasion they make a false report to law enforcement, credit or social services agency regarding another person.

A.R.S. § 28-661, § 28-662, § 28-663, § 28-664, and § 28-665, “Leaving the Scene of an Accident” or “Hit and Run” occurs when a person is involved in an accident (whether it is their fault or not) and they fail to immediately stop the vehicle at the scene, or as close to the accident scene as possible, and exchange information and assistance.If the accident involved an unattended vehicle or a fixture on the highway, then the person must stop their vehicle and either locate and notify the owner or operator of the unattended vehicle, or in a conspicuous place leave written notice giving their name and address of the owner of the vehicle which was involved in the collision.

A.R.S §13-1304 “Kidnapping” occurs when a person knowingly restrains another person with the intent to accomplish certain goals including: ransom; shield or hostage; slavery; or to inflict a sexual offense, death, or physical injury to them. Most commonly physical restraint in kidnapping occurs to aid the defendant during the course of commission of a felony (to keep a person from calling the police).

ARS §13-3554 ( ARS 13-3554) “Luring a Minor for Sexual Exploitation” occurs when a person “lures” or offers sex with a person knowing, or having reason to know, the person is a minor. Most often, an arrest occurs when an undercover Officer pretends to be a female who is fourteen (14) years of age or younger in an Internet chat room. The Officer will make contact with the Defendant and then engage in some conversation of a sexual nature. The undercover Officer will usually ask for a photograph to be E-mailed to them, and they may E-mail back a false photograph of a fourteen (14) year old girl. A meeting will normally be set up at a fast food restaurant at a specific time. When the Defendant pulls into the parking lot, undercover Officers will be waiting and they will then arrest the Defendant.

ARS §13-3406, §13-3407(A)(4), and §13-3408(A)(3), it is unlawful to manufacture, or to posses the equipment to manufacture, dangerous drugs, prescription-only drugs, and narcotics. The prosecution typically charges possession of manufacturing materials when a defendant possesses certain chemicals or items which could be used to manufacture these drugs. Many times this is what is known as a “meth lab.” A person can be criminally convicted for simply possessing the manufacturing equipment without actually manufacturing a single dose of the drug.

The most common Mortgage Fraud charges are based on schemes like: Cash back/Kickback mortgage fraud scheme, the reverse mortgage fraud scheme, bankruptcy foreclosure mortgage fraud scheme, loan modification mortgage fraud scheme, among others.

A.R.S. §13-1102 “Negligent Homicide” occurs when a person commits an act of criminal negligence which causes the death of another person. “Criminal negligence” means the following: with respect to the result, or to a circumstance, a person fails to perceive a substantial and unjustifiable risk the result will occur, or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1102 “Negligent Homicide” occurs when a person commits an act of criminal negligence which causes the death of another person. “Criminal negligence” means the following: with respect to the result, or to a circumstance, a person fails to perceive a substantial and unjustifiable risk the result will occur, or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A charge of Negligent Homicide is very similar to Manslaughter; however, Manslaughter is a “recklessness” standard which requires a gross deviation from a standard of conduct verses a “negligence” standard involving a gross deviation from a standard of care.

A.R.S. §13-3407 “Possession or Use of a Dangerous Drug” prohibits a person from knowingly possessing or using a dangerous drug.A Dangerous Drug normally means any prescription narcotic or any other drug which is not marijuana. Most often this is methamphetamine, cocaine, opium, mushrooms, or some type of prescription for either a pain killer or an antidepressant.

A.R.S §13-3407(A)(2) and A.R.S §13-3407(A)(7) it is unlawful to knowingly possess a dangerous drug for sale, or to transport a dangerous drug for sale. The statute however does not define what qualifies as “possession for sale” nor does it define what “transportation for sale” is. Usually, if the amount of drugs that the defendant was found with meets the threshold amount, it is assumed that the defendant had the drugs in order to sell them. The drug “threshold” amount also requires a mandatory prison sentence upon a first conviction of any drug offense involving this amount.

Need an Arizona Lawyer for Probation Violations? Contact the Law Offices of David Michael Cantor if you need assistance with Probation Violations/Sentence Modifications. If you have been charged with probation violations, or are seeking an early release from probation or modifications to your sentence, you need an experienced criminal defense attorney who is an expert in this area. The Cantor Defense Team of Arizona Lawyers for Probation Violations is highly versed in all areas of criminal law. We know the law because almost every member of our team is a former prosecutor.

A.R.S. §13-3211, §13-3214, and Phoenix City Code §23-52, “Prostitution” usually occurs when a defendant knowingly offers sexual services for something of value (usually money). Need an Arizona Prostitution Attorney? Contact David Michael Cantor if you have been charged with Prostitution.

Regular DUI or DWI – The penalties for a first conviction of non-extreme DUI or DWI are: a mandatory minimum of 10 days in jail – 9 days can be suspended only upon completion of mandatory attendance at alcohol screening (approximately $50); any recommended classes (approximately $500); and a minimum fine and surcharge of approximately $1,537.00. The maximum can be six (6) months in jail. In addition, the court now must order one (1) year of a mandatory IID (Ignition Interlock Device) being attached to your steering wheel, which requires you to blow into the device every time you start your car. In addition, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, if the court chooses, they can order “more than twelve months” of an interlock device in severe cases.

A.R.S. §13-1902, “Robbery” occurs when a person is taking the property of another (either from a person’s body or immediate presence) against that person’s will, and the Defendant threatens or uses force against the alleged victim with the intent to either coerce the surrender of the property or to prevent resistance of the alleged victim while taking or retaining the property. Sometimes this charge can be filed if a person simply tells somebody “give me your wallet… or else”. Standard Armed Robbery is a class four (4) felony.

A.R.S. §13-1104 Second-Degree Murder can occur in three ways, all requiring the absence of premeditation (meaning you didn’t plan it in advance): 1) a person intentionally causes the death of another person; 2) knowing that his conduct will cause the death or serious physical injury, such person does cause the death of another person; 3) under circumstances manifesting extreme indifference to human life, a person recklessly engages in conduct which creates a grave risk of death and thereby causes the death of another person.

A.R.S §13-1404 “Sexual Abuse” occurs when a person intentionally or knowingly engages in sexual contact with any person who is fifteen (15) or more years of age, without consent of that person, or with any person who is under fifteen (15) years of age if the sexual contact involves only the female breast. This may also constitute as sexual conduct with a minor. If you are being suspected of a sex crime and need an Arizona sexual abuse lawyer, contact David Michael Cantor if you have been charged with Sexual Abuse.

A.R.S §13-1405, a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen (18) years of age. Sexual intercourse includes sexual intercourse or anything involving “penetration.” Sexual conduct with a minor who is fifteen (15), sixteen (16) or seventeen (17) years old is charged as a class six (6) felony. Sexual conduct with minor (14) years of age or younger is charged as a class two (2) felony, and is punishable pursuant to the Dangerous Crimes Against Children (DCAC) statue.

Solicitation of Prostitution ARS 23-52, typically, this occurs when the defendant offers money or something of value in order for another person to engage in a sex act with them. Almost every individual city in Arizona has their own municipal code outlawing Solicitation of Prostitution, and they all typically involve the same elements, and usually carry similar punishments.

Depending on the value of the property, theft can be classified as a simple misdemeanor all the way up to a class two (2) felony, and the severity of the punishments vary widely.

A.R.S. §13-1303 “Unlawful Imprisonment” occurs when a person knowingly and unlawfully restrains another person. This could include many factual scenarios, and includes not allowing somebody out of a room, house or apartment, or out of a vehicle.

Vehicular Aggravated Assault typically is charged if somebody is drunk behind the wheel of a car and has an accident which results in serious physical injury or substantial disfigurement to another person, because a car qualifies as a “dangerous instrument.” In order to convict upon this charge in category #1, the prosecutor must show that the defendant’s driving was reckless and caused serious injury to somebody. In order to convict on category #2, the prosecutor must show that the defendant intended to seriously injure someone with his/her car, or the defendant wanted to scare someone with his/her car.

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1201 “Endangerment” occurs when a person recklessly endangers another person with a substantial risk of imminent death or physical injury. This is usually charged in cases where the prosecutor alleges that the defendant has exhibited an “extreme indifference” to human life while driving. This charge is often used by a prosecutor as a bargaining tool to convince a defendant to plead guilty to Endangerment rather than go to trial on an Aggravated DUI charge. Since Aggravated DUI is a class four (4) felony, and Endangerment is a class six (6) felony (i.e., a lower felony), it can transform mandatory prison time into jail time. The difference between jail and prison is that in prison a person must be behind bars 24 hours per day; however with jail time, a person only needs to be behind bars 12 hours per day and is allowed to go to work for the other 12 hours.