Monthly Archives: April 2012

26Apr
National Child Abuse Prevention Month – Assault Lawyers Mesa AZ

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

National Child Abuse Prevention Month – Assault Lawyers Mesa AZ

April is the National Child Abuse Prevention Month. Because child abuse varies state to state, we wanted to share with our readers the laws in Arizona concerning child abuse and neglect.

What is considered child abuse and neglect in Arizona?

When a parent, guardian, or custodian inflicts or allows the infliction of physical, sexual or emotional abuse, neglect, exploitation or abandonment.

Physical abuse includes non-accidental physical injuries such as bruises, broken bones, burns, cuts or other injuries.
Sexual abuse occurs when sex acts are performed with children. Using children in pornography, prostitution or other types of sexual activity is also sexual abuse.
Neglect occurs when children are not given necessary care for illness or injury. Neglect also includes leaving young children unsupervised or alone, locked in or out of the house, or without adequate clothing, food, or shelter. Allowing children to live in a very dirty house which could be a health hazard may also be considered neglect.
Emotional abuse of a child is evidenced by severe anxiety, depression, withdrawal or improper aggressive behavior as diagnosed by a medical doctor or psychologist, and caused by the acts or omissions of the parent or caretaker.
Exploitation means use of a child by a parent, guardian or custodian for material gain.
Abandonment means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision, when such failure is intentional and continues for an indefinite period.

Call 602-663-9958 to schedule your free anytime, anywhere consultation with Assault Lawyers Mesa AZ, Charlie Naegle, or use the form below and someone from the firm will be in touch with you shortly. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. Work with a firm where you are treated like an individual, not a number.

24Apr
Burglary vs. Robbery – What is the Difference?

Posted by Naegle Law | Posted in AZ Property Crime

Burglary vs. Robbery – What is the Difference?

Although the terms “burglary” and “robbery” are used interchangeably the two offenses are entirely different under Arizona criminal law.

Burglary is generally defined as the unlawful entry onto someone else’s property with the intent to commit a theft or felony therein, whereas robbery is generally defined as using force or intimidation to facilitate the taking of property from another person. In most cases when someone is accused of breaking into a house that does not belong to them and committing a theft inside, charges of burglary in the second degree are usually filed. If the person is armed during the commission of a burglary, the offense could be charged as burglary in the first degree, which is a very serious offense under Arizona law.

The severity of robbery charges can likewise be affected by the facts surrounding the case including whether the alleged robber possessed a weapon (either real or simulated) or whether the individual was in the company of one or more accomplices when the robbery was committed. Whether the underlying offense is a burglary or a robbery, the use of a gun or other weapon during the commission of the offense may permit the prosecutor to charge the crime as a dangerous offense. Dangerous offenses are very serious under Arizona law and require mandatory prison time upon a conviction even for a first offense.

Both robbery and burglary are considered serious crimes in Arizona and we want to help you! Call 602-685-1122 to schedule your free anytime, anywhere consultation with Mesa robbery attorney and Mesa burglary defense attorney Charlie Naegle.

20Apr
What should I Do If My Son or Daughter Is Arrested For A Juvenile Crime?

Posted by Naegle Law | Posted in AZ Juvenile Defense, Uncategorized

What Should I Do if My Son or Daughter is Arrested for a Juvenile Crime?

If your son or daughter is arrested for a crime and is going to be tried in the Arizona juvenile court system, there are two things you must do immediately to ensure that your child’s rights are protected.

1. Retain a juvenile defense attorney.

Don’t be fooled by police officers telling you and your family, “Don’t worry you don’t need a lawyer. We just want to talk to your child and have him (or her) be honest and be truthful and tell us everything that happened.”

The truth is anything your child says can and will be used against them in juvenile court proceedings.

Getting an experienced Arizona juvenile defense lawyer early on can sometimes lead to the case being dismissed, rejected for filing, or resolved informally.

2. Don’t talk to the police without your attorney present.

When you allow your child to speak to the police without an attorney present, the prosecution is able to use whatever is said in the conversation in the criminal charges being filed against your child. An attorney present will help ensure that your interests are protected and that you aren’t answering questions you don’t need to.

In addition to these two things, try gathering documents to help show your child in the best light. These documents include positive achievements, report cards and reference letters. These types of materials can be very useful in a juvenile defense case. Do not write any letters to the judge or submit any documents to the judge without consulting with your defense lawyer. Your lawyer is in the best position to know whether it is appropriate to do so.

Ready to have your case handled by a juvenile defense attorney who knows and understands?

Call 602-663-9958 to schedule your free anytime, anywhere consultation with attorney Charlie Naegle. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. For your convenience, you may also use our consultation request form and we will contact you as soon as possible.

18Apr
Resisting Arrest- Criminal Defense Attorney Mesa AZ

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

Resisting Arrest- Criminal Defense Attorney Mesa AZ

Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

▪ fleeing a police officer while being arrested

▪ threatening a police officer with physical violence while being arrested

▪ physically struggling to get out from being restrained (handcuffed or put into the police vehicle)

▪ attacking a police officer while being arrested

▪ providing an officer with false identification (either verbally or by presentation of a false official document, i.e. a fake ID)

Not all arrests are lawful and based upon probable cause. However, an attempt at resisting arrest can lead to additional charges. It is also possible that a police officer might try to justify the use of excessive force by claiming that the person was resisting arrest. At Naegle Law Firm, we understand how many resisting arrest charges are based only on the testimony of the police officer without any physical evidence (such as an injury or damaged uniform) to substantiate the allegation. For this reason, many trials on resisting arrest charges in Arizona are decided exclusively on the credibility of the officer’s testimony.

If you have been arrested and charged with any crime that includes resisting arrest in Arizona, it is vital that you contact an Arizona criminal defense attorney. Even if you have been cleared of the original charge against you, a resisting arrest charge can move forward, another reason to contact an attorney familiar with the law surrounding resisting arrest immediately upon being charged. At the Naegle Law Firm, Charlie Naegle will initiate the legal actions against fighting a resisting arrest charge. If this charge includes an assault on a law enforcement officer, there is an even more urgent need as it may be possible to have this charge dismissed or reduced.

Call 602-685-1122 to schedule your free anytime, anywhere consultation with attorney Charlie Naegle. When you hire the Naegle Law Firm, you work directly with Charlie Naegle.

15Apr
How would you define vandalism under Arizona law? – Criminal Defense Attorney Mesa AZ

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

How would you define vandalism under Arizona law? – Criminal Defense Attorney Mesa AZ

In Arizona, vandalism charges are classified as criminal damage. The same classification applies to damage caused during traffic accidents or burglaries. It is defined as the willful and malicious destruction or public or private property.

Examples of vandalism include:

Graffiti
Breaking windows
Damaging road signs
Slashing or puncturing tires
Defacing edifices
Underage possession of aerosol paint containers
Bashing or blowing up mailboxes
Throwing eggs
Keying cars

Although some of these may seem like pranks, if you are charged with vandalism in Arizona you are held fully accountable for the destruction your actions caused.

Criminal damage charges like vandalism can be felonies or misdeameanors depending on what property was damaged and the extent of these damages. If the destruction took place at a school, church or cemetery, the crime is automatically a felony. Otherwise, the crime’s severity will be based on how much it costs to repair the damage. If the repair costs over $400, the crime will be classified as a felony.

There are numerous defense strategies that can be used in criminal cases involving vandalism charges in Arizona. At minimum, those facing criminal charges in court or juvenile court should consult with a Criminal Defense Attorney Mesa AZ and an Arizona vandalism defense attorney regarding their options.

Call 602-663-9958 to schedule your free anytime, anywhere consultation with Criminal Defense Attorney Mesa AZ, Charlie Naegle, or use the form below and someone from the firm will be in touch with you shortly. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. Work with a firm where you are treated like an individual, not a number.