Mistaken Identity. Eyewitness testimony has been shown to be one of the most unreliable types of evidence. Other times, suggestive photo lineups and mistaken identification in video leads to wrongful arrests. Mere Presence. If you were simply at the scene when a crime was being committed, then you may want to raise a mere presence defense. If you were merely present at the crime scene, then you did not have any criminal intent and did not take part in the crime.
Constitutional Challenges. Your attorney may also raise defenses by way of Constitutional legal challenges including: Miranda Violations, illegal search and seizure violations and right to counsel violations. Damage Value. Because the Arizona criminal damage definition requires that the prosecution prove a specific dollar amount, you can often be successful in arguing a reduced value of the damage to a specific item. Diversion Agreement. Diversion agreements, or deferred prosecution agreements are plea agreements that allow your case to be dismissed after you have successfully completed some type of requirement such as repaying the value of the item, attending classes or completing community service.
Misdemeanor Compromise. For misdemeanor charges, there is a way for a person to engage in a civil compromise. Although often left unexplored, a misdemeanor compromise pursuant to A. You are accused of graffiti on the wall of a private business. If the company agrees, you can simply pay money for the damage caused in exchange for the criminal case being dismissed.
It is important to note, however, when you have been accused of a crime, you are generally forbidden from making contact with the victim company. As such, misdemeanor compromises must be handled by an experienced criminal damage lawyer, judges or the victim advocate. Simply contacting the victim and asking to buy our way out of a crime may constitute witness tampering. At Feldman and Royle, we understand that every case is different. We are a team of defense attorneys with experience handling both felony and misdemeanor criminal damage cases.
We also have extensive experience litigating domestic violence cases as they pertain to criminal damage charges. Please contact us for a free consultation in order to further discuss the circumstances of your case and find out how we can help you. Punishment for Criminal Damage — Felony The maximum and minimum punishment that you can expect after a conviction for felony criminal damage depends on the type or felony for which you are convicted.
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Our Services Our Services. What's happening? Misconduct Hearings Misconduct Hearings. Useful Links Useful Links. Submit UMO Card. Criminal damage. Criminal damage is any damage which has been caused by an individual to some form of property. Select any card you feel you need to. Once you've done this, use the "See my options" button to get your advice.
You do not have to select a card from every category. You can also view our general advice. You want to report damage to your house, car, business, land or anything else that belongs to you. Someone has made threats to or attempted to destroy or damage property belonging to me. You want to report someone threatening or attempting to damage your house, car, business, land or anything else that belongs to you.
There are witnesses. I don't think there are any witnesses. Your situation This has happened more than once. There is a pattern to when this happens. I do not speak English very well. English is not your first language and you may have difficulties discussing your concerns. I feel I've been targeted. If you feel that you have been targeted for a particular reason please make sure you tell us this. The person who did this I think I know who did this.
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