Have you ever heard of the Romeo and Juliet law? The Romeo and Juliet law is part of Arizona’s statutory rape laws. Statutory rape is a type of sex crime that involves a difference in age rather than force. In this post, sex crimes attorney Belen Olmedo Guerra will answer all your questions about statutory rape, as well as how the Romeo and Juliet law might affect you or your children. We’ll also talk about possible legal defenses against statutory rape charges. What is Statutory Rape in Arizona?Many people believe that when we use the word “rape”, some kind of forcible assault has taken place. Many rape crimes do involve forcible assault, but not all. Rape, at its definition, is when sexual activity occurs without informed consent from both parties. There are several protected groups that the law does not believe can give informed consent at all. One of these protected groups is minors. In the eyes of Arizona law, a minor cannot consent to sexual activity. The term “statutory” implies that the crime is only a crime because of the age difference; had the two parties been over the age of 18, there would be no crime. For instance, if a 23-year-old engages in sexual activity with a 16-year-old, that is illegal, regardless of if the 16-year-old consented to the sexual activity. This is because the law does not believe a 16-year-old can consent to sexual activity. There is an exception when both parties are minors. This is the Romeo and Juliet Law. We’ll talk more about that below. As such, the prosecutor does not need to prove that any kind of assault occurred in a statutory rape case. That being said, rape, where there is force or assault, is still illegal in Arizona. The courts will prosecute these crimes under the state’s assault and battery laws, or the child molestation laws. What are the Arizona Statutory Rape Laws?Statutory rape falls under Arizona’s sexual abuse and molestation laws. Arizona divides the various charges into several categories, based on the difference in age between the two parties and the type of sexual activity that occurred. Below is an overview of the charges defendants might incur. Sexual Conduct with a MinorSexual conduct with a minor is a crime that involves sexual intercourse or oral sexual contact between two parties; one party must be younger than 18, and a defendant of any age. It also includes intercourse or oral sexual contact between a minor who is 15, 16, or 17 and a defendant who is 19 or older (unless the defendant is still in high school), and who is at least two years older than the defendant. Molestation of a ChildArizona defines molestation of a child as sexual contact without penetration between a minor who is 14 or younger and a defendant of any age. Sexual AbuseUnder Arizona law, sexual abuse is when there is consensual sexual contact between a minor 14 or younger and a defendant of any age. This sexual contact might only include the touching of a female’s breast. What are the Penalties for Statutory Rape in Arizona?Sexual conduct with a minor, molestation of a child, and sexual abuse are all felonies under Arizona law. Penalties will vary and could include prison time, fines, or both. Typically, the younger the minor is, the harsher the punishment will be. Increased penalties will apply to defendants with prior convictions. Increased penalties may also apply for defendants who were in a position of power: this includes clergymen, a teacher, or a coach. A conviction for sexual conduct with a minor can result in a prison sentence ranging from 13 years to life, depending on the facts of the case. What are some Legal Defenses to a Statutory Rape Charge?The usual defenses are available to defendants facing statutory rape charges. You can claim that you did not commit the crime but someone else did, or that the crime didn’t take place at all. Some of the following defenses may apply as well: Marital ExceptionArizona has an exemption for statutory rape that allows two married people to have consensual sex, regardless of their ages. Let’s look at an example: minors cannot consent to sex. So, if a 15-year-old has sex with her 19-year-old boyfriend, the boyfriend is guilty of statutory rape. Arizona can and will prosecute him under its sexual assault laws. But if the two are legally married and living in Arizona, no crime has taken place. It is important to note that despite this law, it is still illegal to forcibly rape your spouse. If a man forcibly rapes his wife, he has no defense under the law, despite the fact that they were married. The Romeo and Juliet LawWe’re back to Shakespeare. This exception exists to protect two teenagers engaging in consensual sex when they are close in age, as Romeo and Juliet were. The Romeo and Juliet law allows consensual sex between two minors who are less than two years apart in age. It applies when these minors are at 15, 16, or 17 years old. Therefore, if a 15-year-old engages in consensual sex with their 17-year-old partner, the Romeo and Juliet law protects them. The Romeo and Juliet law also protects defendants who are older than 18 but are still in high school, as long as they are no more than two years older than their partner. Mistake of AgeIn many states, mistake of age is not a reasonable defense. In Arizona, it is sometimes viable. If a minor is 15, 16, or 17, the defendant can argue that they believed the minor was not a minor. They may even argue that the minor represented themselves as older and that a reasonable person would believe them. This is a viable defense in Arizona court. Contact the Belen Law FirmBelen Olmedo Guerra is an experienced sex crimes attorney. At the Belen Law Firm, we understand that these types of crimes are emotionally fraught and can do harm to reputations. For this reason, we handle each and every case with discretion and integrity. For more information about the Romeo and Juliet law, contact the Belen Law Firm by calling 602.715.0908. You can also leave us a message on our website. The post Romeo and Juliet Law in Arizona appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/sex-crimes/romeo-and-juliet-law-in-arizona/ Via https://belenlawfirm.weebly.com/blog/romeo-and-juliet-law-in-arizona
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Do you know if a DUI is a felony in Arizona or a misdemeanor? Driving under the influence is a serious crime all over the United States, and Arizona is no exception. Arizona is one of the toughest states on DUIs. All citizens in Arizona automatically consent to a blood alcohol concentration if they hold a driver’s license. Any DUI will have very serious consequences, but there are some situations where prosecutors can enhance charges and penalties. In this post, Belen Olmedo Guerra will discuss the differences between a misdemeanor and felony DUI in Arizona. We’ll also discuss the penalties for various DUIs in Arizona. Felony DUI Arizona: What are the Different Types of DUIs?Aside from misdemeanor DUIs, there are various types of felony DUIs where the prosecution can enhance or increase the charges. When an officer pulls you over and gives you a sobriety test, you may end up with one of three charges: DUI, Extreme DUI, or Aggravated DUI. Arizona considers a basic DUI a misdemeanor. An Aggravated DUI is also a misdemeanor. An Aggravated DUI is a class 4 felony in Arizona. A DUI occurs when your blood alcohol concentration is above 0.08 percent, or above 0.04 percent if you are in a commercial vehicle. The charge becomes an Extreme DUI if your blood alcohol concentration is 0.15 percent or above, or 0.020 or above in a commercial vehicle. Again, this is still a misdemeanor in Arizona. An Aggravated DUI is a felony. This will be your charge if you commit a DUI with a revoked, suspended, or canceled license, among other circumstances that we’ll talk about more below. Felony DUI Arizona: What are the Penalties for DUIs?DUI penalties for first-time offenders may seem relatively mild. However, when you continue to collect DUIs, the penalties increase exponentially. Let’s break down the penalties for the various types of DUIs in Arizona. DUIRemember, this is a misdemeanor charge. The penalty for a first offense DUI is between 1 to 10 days of jail time. There may also be a fine of no less than $250 plus surcharges. The state may also suspend your license for 90 days. The state could also mandate that you equip your vehicle with a certified ignition interlock device. This is a Breathalyzer device that prevents your car from starting unless you “blow” a blood alcohol concentration below a certain level. There are other penalties the state can enforce, such as requiring you to attend alcohol treatment and screening, or community service. For subsequent DUI convictions, each of these penalties increases. Second-time offenders may face 30 to 90 days in jail, and a fine of $500. The state could revoke your license for one year. A third DUI violation in seven years becomes a felony DUI in Arizona. Extreme DUIThis is also a misdemeanor charge unless subsequent charges pile up within seven years. For a first offense, you could face 30 to 45 days in jail. Your fines could total up to $2500, and Arizona could suspend your license for up to a year. You will definitely need to equip your vehicle with an ignition interlock device. There will be alcohol treatment and screening, and community service as well. Second-time offenders may face between 120 to 180 days in jail. There will be fines and assessments not less than $3250. The state of Arizona may also revoke your license for up to a year. The ignition interlock device will go on your vehicle, and the state will require you to attend alcohol treatment and education courses. Aggravated DUIThis is when a misdemeanor DUI becomes a felony DUI in Arizona. Any offense of aggravated DUI carries mandatory prison time. The state will revoke your driver’s license, and require you to attend alcohol treatment, screening, and education. There may also be extensive community service hours. When is a DUI a Felony in Arizona?We’ve talked about some of the circumstances that upgrade a misdemeanor DUI to a felony. Let’s break down all of them. Under Arizona law, there are many ways a misdemeanor DUI can become a felony DUI. Here are some examples: Three DUIs in Seven YearsWe already talked about this one a little. Multiple DUI convictions are an aggravating factor in DUI cases. Motorists can face felony charges for three DUI convictions within seven years. This doesn’t mean that you will face felony allegations for the next DUI after three. If you have two prior DUI convictions, and an officer arrests you for a new conviction, you could face felony charges. DUI with a Minor PassengerArizona will aggressively penalize motorists who endanger children by driving under the influence. If an officer arrests you for DUI and you have a passenger in the car under the age of 15, you may face felony charges. DUI with a Suspended LicenseDrivers may face felony charges if they get a DUI while their license is suspended. The state can also bring felony charges if a court has revoked, canceled, or refused the driver’s license. There may also be felony charges if there are restrictions on the driver’s license at the time of the arrest. DUI Causing Injury or DeathIn DUIs that involve accidents resulting in injury or death, Arizona prosecutes the drivers very harshly. As very serious felonies, these charges may carry years of mandatory prison time, as well as steep fines. Contact the Belen Law FirmIf you or someone you love is facing a felony DUI in Arizona, contact the Belen Law Firm by calling 602-715-0908. Belen Olmedo Guerra is an experienced felony DUI attorney serving the Phoenix area. At the Belen Law Firm, we understand that cases like felony DUIs require sensitivity and discretion. We know that there is more at stake than just freedoms; we know that a person’s reputation is also at stake. Give us a call 24/7, or you can also leave us a message on our website to set up a free and confidential initial consultation. The post Felony DUI Arizona appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/criminal-defense-attorney/felony-dui-arizona/ Via https://belenlawfirm.weebly.com/blog/felony-dui-arizona Belen Olmedo Guerra, founder and managing attorney of Belen Law Firm, has been chosen by Super Lawyers as a 2020 Arizona Rising Star. This is an honor, awarded to less than three percent of attorneys in Arizona. Super Lawyers is a service that rates attorneys in more than seventy practice areas who have a high degree of peer recognition, as well as professional achievement. The selection process begins with a nomination, then moves to peer evaluations, and is followed by independent research. At the end of the day, only five percent of lawyers are selected to be listed on the Super Lawyers platform, and 2.5 percent or less are chosen as Super Lawyers’ Rising Stars. Super Lawyers states that the “Rising Start” list only includes lawyers who are forty years old or younger, or those who have been practicing law for ten years or less. They must be nominated by another lawyer who has personally observed their skill level. Their research team, led by attorneys, reviews the credentials of each nominee and assigns points, based on a predetermined set of evaluation criteria. The lawyers are ranked by point totals and those with the highest point totals are then added to a list, and only the top 2.5% make it to rising star. The goal is to provide clients with exceptional legal representation, whether they need an Arizona juvenile defense lawyer, a high profile case defense lawyer or a sex crimes lawyer in the Phoenix area. Belen strives to provide quality, personalized legal representation for all of her clients. The post Super Lawyers Names Belen Olmedo Guerra 2020’s Rising Star appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/uncategorized/super-lawyers-names-belen-olmedo-guerra-2020s-rising-star/ Via https://belenlawfirm.weebly.com/blog/super-lawyers-names-belen-olmedo-guerra-2020s-rising-star Every year, the American Institute of Trial Lawyers chooses a handful of the nation’s leading attorneys to receive their “Litigator of the Year” award. Belen Olmedo Guerra received this award for 2020. The American Institute of Trial Lawyers is a professional organization that accepts attorneys on an invitation-only basis. This organization provides clients the opportunity to obtain qualified legal counsel and representation for his or her cases, by establishing a comprehensive database of top performing attorneys. Each year, the organization selects less than 1% of legal professionals for their “Litigator of the Year” award. This title is awarded based on peer nominations, as well as third-party research. The award is designed to highlight the nation’s top attorneys who possess an exceptional level of skill, knowledge and experience. Belen advocates fiercely for her clients and is an excellent negotiator, while maintaining her ethical and respectable approach. She collaborates with civil and immigration attorneys, whenever necessary, to develop the best outcome for her clients. She also possesses a Masters in Education with a focus on elementary education, which she used while teaching for 8 years. She has extensive knowledge of special needs, learning disabilities, accommodations, 504 plans and IEPs. This knowledge allows Belen to provide a well-rounded representation to all her clients. Belen works closely with and recruits psychologists, forensic experts, psychiatrists, accident re-constructionists, ballistics experts, fire experts, videographers, toxicologists, criminologists, and many other doctors. For more information about the American Institute of Trial Lawyers, visit https://aiotl.org/. The post American Institute of Trial Lawyers Selects Belen Olmedo Guerra “2020 Litigator of the Year” appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/criminal-defense-attorney/american-institute-of-trial-lawyers-selects-belen-olmedo-guerra-2020-litigator-of-the-year/ Via https://belenlawfirm.weebly.com/blog/american-institute-of-trial-lawyers-selects-belen-olmedo-guerra-2020-litigator-of-the-year ![]()
CRIMINAL ATTORNEY IN PHOENIX
Belen Olmedo Guerra is a high-rated legal defense attorney serving Phoenix, Arizona. The Belen Legislation Agency has extensive expertise with all prison fees, starting from sex offenses and violent crimes all the way in which to juvenile crimes. Our firm is completely devoted to felony protection, and we deal with each consumer with dignity, respect, and compassion. Violent CrimesArizona prosecutors and judges seek to levy harsh penalties in violent crimes cases. If a jury declares you responsible of a violent crime, you possibly can face years in prison. Violent crimes in Arizona embody: Murder Theft Armed robbery Hate crimes Legal possession of a weapon Within the state of Arizona, for particularly violent crimes, a prosecutor might seek capital punishment. If this is a possibility in your case, you need an legal professional with the ability and experience to defend your life. Sex offenses. At The Belen Regulation firm, we perceive that when a court docket charges you with a sex crime additionally they sentence you to hold a social stigma. Intercourse offenses are crimes that involve sexual activity with someone who didn't or could not consent. Whether or not you are legally responsible, the general public will decide you based mostly on the accusation. Intercourse crimes are often highly emotional circumstances with high penalties. Belen seeks to detach emotion from the situation. She treats sex crimes with the identical scientific precision she provides all her cases. When dealing with your case, Belen will have a look at every bit of evidence the prosecution plans to current against you and search to dismantle it. Regardless of the accusations against you, you will have the appropriate to a presumption of innocence. Several defenses may be obtainable in your case, together with: Mistaken id False accusations False witness testimony Fault forensic testing Juvenile Justice There are juvenile courts in Arizona that attempt juveniles once they commit a crime. Juvenile courts usually focus extra on rehabilitation than incarceration or punishment. That doesn’t imply that juveniles don’t want protection attorneys. The penalties for juvenile crimes might be anything from probation to being tried as an grownup if the juvenile is close to their eighteenth birthday. An skilled protection legal professional like Belen might probably reduce the penalties on your little one, thus lessening the longterm effects on their future. Domestic Violence Domestic violence crimes are crimes committed among household or family members. Widespread domestic violence crimes are: Stalking Harassment Prison neglect Violation of Protective Order Belen has experience defending purchasers from these prices and more. DUI costs the prosecution of DUIs in Arizona is advanced and has the potential to be embarrassing. DUI can seek advice from driving inebriated or drugs, together with marijuana. These costs could end in jail time, steep fines, and losing your license. There are a number of defenses Belen could use to your DUI trial, together with: Lack of probable trigger for the initial site visitors cease Lack of proof Illegal arrest Miranda rights violations When you're dealing with a DUI cost, it is vital that you contact a criminal attorney immediately. DUIs are particularly time-sensitive. Federal Crimes When your local police arrest and cost you, you will doubtless be going through expenses at the state level. But when your alleged crimes cross state traces, or takes place on federal property, or involve federal officers, you possibly can face federal charges. Federal crimes carry harsher penalties than state crimes. If you find yourself dealing with Phoenix Criminal Defense Attorney federal prices, you need an legal professional with experience in federal court. In a federal trial, there will probably be a grand jury. The grand jury will determine if there may be sufficient proof for a trial. If they decide that there is, there can be an indictment, after which an arraignment. After the arraignment, there might be numerous pre-trial hearings before the precise trial, assuming you don’t plead responsible or accept a plea bargain. It's a complicated process that is exceedingly troublesome to navigate if you have never completed so before. Representing Phoenix, Arizona Belen Olmedo Guerra seeks to represent the people of Phoenix with dignity and skill. She is fluent in Spanish and has experience representing members of the LGBTQ+ community. We also offer financing plans to make sure that everyone can afford a proper defense. Via https://belenlawfirm.weebly.com/blog/best-criminal-defense-lawyer-phoenix |