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What To Do If You're Charged With Assault in Arizona

Thu, 30 Apr 2020 17:07:00 GMT

If you’ve recently been charged with assault, you’ll need the help of a professional criminal defense lawyer to help you with your case. With their help, you will be able to understand the case being built against you and help you develop the proper defenses to help you resolve or reduce your charges. If your case goes to trial, having a professional lawyer with extensive experience will be an asset to you. Before understanding what to do when you have been charged with assault, it’s important to know about the legal aspects of being charged with assault. If you have been charged with assault, contact Killham Law Office for legal advice and a free consultation.

Types of Assault

There are a variety of assault types that you could be charged with. It’s important to understand which type of assault you’ve been charged with so you may discuss it with your attorney.

Felonious assault – an attack that is done through force and violence and causes serious physical injury to another person.
Misdemeanor assault – when weapons are not used but the person has caused minor physical harm.
Aggravated assault – involves the use of a weapon or increased force.
Sexual assault – when the victim is forced against their and the result is rape, molestation, sodomy, or similar sexual offense.
Verbal assault – non-physical and oral abuse that can cause emotional, mental, and psychological damage.

Consequences of Criminal Assault

Consequences of criminal assault range depending on the severity of the charge. It’s important to contact a lawyer to discuss the future of your case. Some of the consequences you may face when charged with assault are:

Prison time
Extreme probation
Parole
Fines
Loss of the right to own weapons
Anger management programs

Some of these consequences may be dismissed or reduced with the help of a lawyer. It’s important to contact your criminal defense attorney to discuss your options and the potential outcomes of your case. If you are facing an assault charge, it’s important to act now. Contact Killham Law Office at (623) 239-0886 to get a consultation and legal advice on your case.Steps of a Criminal Trial

If your charge does make it to trial, you should spend some time with your lawyer discussing the full process of a criminal charge and how it will apply to your case. Trials can be very lengthy and very time consuming, but your lawyer will work with you to make sure it is handled as best as possible. The steps for a criminal trial are below:

Choosing a Jury (depending on the severity of the charge)
Opening Statements
Witness Testimony and Cross-Examination
Closing Arguments
Jury Instruction
Jury Deliberation and Announcement of Verdict

For more details on the steps of a criminal trial, contact Killham Law Office.

What’s the First Step After Being Charged?

Finding a reliable and professional lawyer to help you fight your case will be the first step in fighting your charge. Many will try to fight their charge on their own and without the help of a lawyer. In some rare cases, this can be an option, but there are many advantages to having a lawyer when you have been charged with assault. An experienced lawyer will analyze all aspects of your charges and help build a strong defense to assist in a trial, reducing your charges or dismissing the charges outright.

Remain Silent and Stay Off Social Media

It is within your rights to remain silent until you have had the chance to contact a lawyer. When the police arrive to the site of the assault, it is important to be respectful to police. If you feel compelled to justify the assault, it is best to stay silent until you have a lawyer. Anything you say could and in most cases, WILL be used against you when the prosecutors are building a case. If you frequently use social media, it is best to remain silent on social media or even deactivate your account. It can be tempting to share your side of the assault on social media. Those building a case against you may be able to use any information you have on your social media to justify your intent to commit a crime.

Refrain From Talking To Others About the Incident

In many cases, we want to discuss the incident with people we know or divulge what happened to others to get their support. However, this may be something that comes back to negatively impact you in the courtroom. People you talk to about the incident with can be used as witnesses testifying against you in the courtroom. If you need to talk with anyone about the nature of your assault charge, you should discuss any and all issues or questions with your criminal defense attorney.

Avoid Other Conflicts

Once you have been charged with assault, it’s important to remain on your best behavior. Any other conflicts you take part in can be used against you in the courtroom. Keeping a low profile and going about your daily life will be the most helpful to you in having a positive outcome in your case. With that said, it is important to keep a distance from any other parties that are involved or may be involved in your case. In most cases, a judge will order that you not have any contact with the victim. If this means removing them from your contacts, social media accounts, and avoiding places you know they frequent, this would prove very helpful to your case.

Which Criminal Defense Lawyer Should I Call in Arizona?

Laura J. Killham has over 20 years of experience and expertise in the field of law. Over a decade of her experience was in the prosecutorial realm. Her understanding of the prosecutor’s thought processes and tactics will give you an advantage in the courtroom and assist in attaining a more positive outcome. Contact Killham Law Office below to get started on your case.

For a FREE Consultation Call (623) 239-0886

We’ll use the facts to make your case is successful.
To take the next step with your case, call us.
We’ll put you on the right track and give you the end result you deserve.

Domestic Violence Charges in Arizona & What You Should Know

Wed, 15 Apr 2020 17:15:00 GMT

Domestic violence is identified in many different forms of abuse that can leave long-lasting effects on others. They are very sensitive cases and need to handled seriously and considered a crime in the state of Arizona. There is a lot of information about domestic violence in Arizona, but here are some quick facts and frequently asked questions to help you understand domestic violence and how it is handled in the state of Arizona. Getting information about domestic violence online may not be enough to help you no matter the severity of the case. At Killham Law Office, we recommend getting in touch with someone who knows how to handle domestic violence cases. Each domestic violence case is different from the other, and it’s important to know your options. Discussing those options with a professional will be crucial to your case. Contact Killham Law Office at (623) 239-0886 to speak with someone about your domestic violence case in Arizona. Most domestic violence cases involve someone who is trying to maintain control and power over another. People’s experiences with domestic violence can fit into these forms:

Forms of Domestic Violence

Each form is much different than the other but still just as damaging to a person’s mental and physical health. Although there are many different scenarios that fit under the umbrella term for domestic violence, many of these situations will fit under one of the three categories below:

Physical violence
Sexual violence
Emotional abuse

Domestic Violence does not discriminate and can affect people of all ages, genders, societal status, sexual orientation, religious beliefs, and skin color. If you feel you have been involved in domestic violence, we are here to help. To help understand domestic violence in Arizona, here are some frequently asked questions.

What is Physical Violence?

Physical violence is usually defined as any violent act that involves hitting, slapping, biting, and sexual. Physical violence cases, like other acts of domestic violence, can vary so it is important to contact someone to discuss your options if you are dealing with domestic violence in Arizona.

What is Sexual Violence?

Sexual violence happens when the victim is subject to sexual contact without consent from an abuser’s attempts and coerces. Sexual violence can take place in the workplace, a home environment, or other public areas.

What is Emotional Abuse?

Emotional abuse happens when the abuser attempts to undermine the victim by using fear, guilt, threats of violence, intimidation, and even financial abuse. Many of these cases attempt to compromise the victim’s sense of self-worth and self-esteem.

How Would Domestic Violence Be Reported?

If contacted, 911 will respond to a domestic violence call. When police officers arrive at the location, they will decide if the situation is domestic violence or not. From there, they will either charge the abuser with domestic violence on the spot or send the case to investigators. If the investigation proves that the case is domestic violence, it may be sent to a prosecuting attorney to be reviewed.

The Abuser Wasn’t Charged. What Happens Next?

If someone feels abuser should be charged with domestic violence, they can speak with a prosecutor about the charges. They may also speak to a qualified domestic violence attorney. Laura J. Killham had over 10 years of experience in the prosecutor’s office and can provide insight on the charges or how the prosecutors view the case.

Does the Victim Need to Testify Against The Abuser?

Yes. The victim will need to attend the trial to testify against their abuser. Appearing in court is required if a trial is held. Testifying in front of an abuser is incredibly intimidating and frightening, for many but necessary to support a case on the domestic violence charge.

What if the Defendant is Released?

The defendant may be released from custody after an arraignment. Plaintiff’s that want to be notified of the defendant being released from custody must let someone know they want to be notified.

Additional FAQs on Domestic Violence

Domestic Violence cases vary in degrees and scenarios. Talking with a qualified representative about your options when in the midst of domestic violence charges in Arizona could make a world of difference in your case. If you have more questions about domestic violence in Arizona contact Killham Law Office . Laura’s experience with the prosecutor’s office can help shed light on your situation and give you an advantage in the courtroom. Call her today at (623) 239-0886 Killham Law Office offers a free consultation for those who need strong representation in a domestic violence case. Contact her to get more information at (816) 267-9446 .

For a FREE Consultation Call (623) 239-0886

We’ll use the facts to make your case is successful.
To take the next step with your case, call us.
We’ll put you on the right track and give you the end result you deserve.

Understanding the Minor in Possession Laws of Arizona

Mon, 30 Mar 2020 17:25:00 GMT

Having discussions early on with teenagers about alcohol consumption is one of the most preventive measures parents can take. Naturally, we want to keep our children from making bad decisions or doing things that can affect their future. With all the effort spent educating and warning teens of the consequences of drinking and getting caught, many are still bound to make this mistake. In 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA), released a report stating that 19.2% of minors between the age of 12 and 20 were drinking alcohol. If you have a minor who was recently charged with a minor in possession (MIP), get representation immediately. Contact Killham Law Office to get started.

The Minor in Possession Law

For minors who have acted outside the law when consuming alcohol, there could be harsh consequences. Some of the consequences a minor could face if convicted for a minor in possession charge are:

Monetary fees
Possible jail time of up to 180 days
Probation for up to 3 years
A misdemeanor on you permanent record
License suspension for those under the age of 18
Mandatory participation in rehabilitation
Mandatory participation in substance abuse educational programs
Community service

Having an MIP on your record can also negatively impact future endeavors to get a job, apply for colleges, financial aid, scholarships, and other extra-curricular activities they may be involved in.

Underage False Identification for Obtaining Alcohol

Obtaining alcohol using false identification is prohibited in the state of Arizona and may result in a minor in possession charge. If the minor is charged, he or she may have their driver’s license suspended.

How to Handle a Minor In Possession Case

If you have an underage individual who is being charged with a minor in possession, it’s important to get legal representation. There are a variety of defenses the experts at Killham Law Office can use to help you reverse the fate of your teenager’s mistake. The types of defense methods for the fighting a minor in possession charge include:

Constitutional violation
Statutory exceptions
No criminal intent
Alcohol belongs to another person
Scant smell of Alcohol
Out-of-court confession
Scant Presence

Contact Killham Law for Representation

Researching a minor in possession charge and trying to navigate this case could hurt you in the long run. Hiring a trust minor in possession lawyer in Arizona could be the difference in a brighter future for your minor. Contact Killham Law Office at (623) 239-0886 .

For a FREE Consultation Call (623) 239-0886

We’ll use the facts to make your case is successful.
To take the next step with your case, call us.
We’ll put you on the right track and give you the end result you deserve.

A Guide to Accident & Personal Injury Law in Arizona

Sun, 15 Mar 2020 17:29:00 GMT

Being involved in a personal injury accident is never convenient for anyone. But having the chance to fight your personal injury case for the sake of compensation is possible. Personal injury accidents can happen as a result of someone’s negligence or when another person is deliberately seeking to cause physical damage to you. One of the most common personal injury accidents is automotive accidents. The smallest accident, like the car hitting you from behind at a red light may grant you a lawsuit and compensation. The person who hit you may be held liable for any personal injuries or damages you incur in the event. Some of the personal injury incidents that will fit the law and could qualify you for a lawsuit are below.

Personal Injury Types

There are many different ways you can gain compensation for personal injury accidents that are not your fault. Below are a few scenarios in which you might be eligible for:

Medical malpractice
Accidents that happen on the job
Auto or motorcycle accidents
Product liability
Slip-and-fall accidents
Dog attacks and bites
Birth injury
Neglect in a nursing home
Construction-related accidents

Arizona Accident and Personal Injury Laws to Know

There are three different types of personal injury categories you may fall under depending on the accident. It’s important to speak with a lawyer at Killham Law Office to learn what category you fit into and how you can be supported in a courtroom to fight your personal injury lawsuit.

Negligence

In a very general way, negligence personal injuries have to do with someone you don’t know being careless under legal precedence. Their carelessness could directly relate to your injury. There are four ways to demonstrate that the personal injury was due to negligence:

Duty – under the circumstances, the defendant owed a legal duty to the plaintiff
Breach – through action or failure to act in certain ways, the defendant breached that legal duty
Causation – the plaintiff’s injury, was caused by the defendant’s actions or inaction
Damages – the defendant’s action or inaction resulted in harming or injuring the plaintiff

To read more in-depth about the different elements of negligence, go here .

Intentional Torts

Intentional torts are situations in which the plaintiff has committed their actions deliberately and the defendant, as a result, became injured. For instance, a car accident at a stoplight will likely not fit this category. Some examples of intentional torts include:

Assault and Battery
False Imprisonment and False Arrest
Conversion
Intentional Infliction of Emotional Distress
Fraud/Deceit
Trespassing
Defamation
“Catch-All” Intentional Tort

Strict Liability Torts

For a strict liability tort, the defendant is only required to prove that the event took place and the defendant was at fault. This can happen if the person was not subject to negligence or intentional fault. More commonly known scenarios for strict liability tort apply for the following:

Animal bites
Manufacture defects
Abnormally dangerous activities

Will My Personal Injury Be Compensated the Fair Amount?

A surefire way of getting you the most for your personal injury is to have irrefutable proof that you were injured. The evidence of your injury will be the biggest contributor to winning a case and getting fair compensation. If you fail to provide adequate evidence of your injury, you will not qualify or be eligible for compensation. For example, if you slip and fall on the job due to a coworker’s negligence but do not get injured, you are not eligible for compensation.

How Long Can I Wait to File a Lawsuit?

To be able to win compensation for your injuries and other damages that may have occurred during your injury, you must file a lawsuit within two years of the accident. After you file the lawsuit, you will have 90 days to serve the person you claim is responsible for the injury. Solving the case could vary in time and ultimately depends on:

The complexity of the case
The value on your injury
The judge assigned to the case

How to Handle Your Accident and Personal Injury Case

It’s important to have the proper representation when going in front of a judge to argue your personal injury case. Your best chances of winning your case happens when you have proper representation. Laura J. Killham has over 20 years of experience in the field of law and expert knowledge in the world of prosecution. With her help, you will win your case. Contact Killham Law Office today to get representation and get the compensation you deserve.

For a FREE Consultation Call (623) 239-0886

We’ll use the facts to make your case is successful.
To take the next step with your case, call us.
We’ll put you on the right track and give you the end result you deserve.