Category: Arizona Criminal Defense Law

16May
Reasons the Naegle Law Firm is Different

Reasons the Naegle Law Firm is Different.

Work Directly with Charlie Naegle

Unlike other criminal defense firms, when you hire The Naegle Law Firm, you’ll work directly with Arizona criminal defense attorney Charlie Naegle throughout your entire case. At the Naegle Law Firm, you’re not a number or a dollar sign; you are a person whose rights and freedoms deserve protecting. This was the basis for which the Naegle Law Firm was founded.

Immediate Access

We understand the immediate need to be represented by an aggressive criminal defense attorney in Arizona and have your questions answered and rights protected. We’ll answer your call to represent you immediately, no questions asked. We’ll even meet you at the police station or in jail.

Low Prices

Hiring the Naegle Law Firm not only means more personalize representation, it means more money in your pocket. The Naegle Law Firm is proud of its ability to keep costs down while maintaining superior criminal defense representation. We work out costs and payment plans up front so you know exactly what to expect, with absolutely no hidden fees or adjustments.

If you have been accused of a crime or if you think you may be under investigation, it is extremely important to first consult with a competent Mesa Criminal Defense Attorney.  For most individuals the criminal justice system can be confusing and often times overwhelming.  At The Naegle Law Firm PLC we take the time to sit down with you and walk you through the entire process.

13May
Tempe decade-old date-rape fugitive caught in Georgia

Tempe decade-old date-rape fugitive caught in Georgia

A Tempe man who fled the state more than 10 years ago after being convicted of sexually assaulting multiple women was captured in Georgia, authorities said.

Detectives from the Tempe Police Department tracked down Mazen Diamond, 37, in Atlanta, and U.S. Marshals from the local office took him into custody Monday, Tempe police spokesman Sgt. Mike Pooley said. Diamond’s cousin and accomplice, Antonio Julio Sanchez, 40, was arrested in Miami, Fla., on April 24.

The two were accused in March 2001 of drugging women they met at bars, taking them back to their apartment and sexually assaulting them while they videotaped it, Pooley said.

“It was just brutal,” he said. “Just taking turns sexually assaulting these girls that were completely unconscious, and (they were) doing everything to them.”

Maricopa County Superior Court records show that in August 2002 Sanchez pleaded guilty to kidnapping and sexual assault and Diamond pleaded guilty to sexual assault, but neither showed up for their sentencing the next month. They had not been seen since.

Sanchez and Diamond had changed their identities and were living under different aliases when they were captured, Pooley said. Both men also had children with live-in girlfriends who apparently did not know about their past, authorities said.

Detectives on Tempe’s fugitive-apprehension squad, which has a U.S. Marshal assigned to it, began searching for the two men in 2011 after coming across the case during a review of cold cases, Pooley said. They identified aliases Sanchez was using through connections with family and friends, and tracked him first to Salt Lake City, Utah, then to Houston, Texas, where he has another child, and finally to Miami.

Sanchez and Diamond had kept in touch, and after capturing Sanchez, detectives were able to locate Diamond in Atlanta, he said.

“You can never completely erase your past or your history,” Pooley said. “No matter how hard you try, there’s always going to be some connection that’s going to lead us to you.”

Diamond will be extradited back to Arizona, but Sanchez is facing federal passport fraud charges and will be tried in Miami before he will be extradited, Pooley said. Once they return to Arizona, they will be sentenced for the sexual assault charges.

Sanchez and Diamond used ketamine to drug a woman on March 18, 2001, sexually assaulted her and videotaped the assault, police said. They also were convicted of drugging, assaulting and videotaping another woman on March 23, 2001.

Diamond was an Arizona State University student at the time of his arrest, and Sanchez was a former ice-cream shop owner. The men were roommates.

The pair were suspected of scouting out nightclubs and fitness centers looking for women to invite to an after-hours bar, authorities said. Sanchez and Diamond then would invite the women to their apartment and offer them a drugged drink, authorities said.

One woman regained consciousness during the assault and began screaming, alerting a neighbor at the apartment complex, who called police, Pooley said.

Their apartment was believed to have been rigged with cameras in the living room and master bedroom, police said. According to the warrant for their arrest, seven video tapes labeled “La Femme” were found in the apartment, and one of the tapes documented one of the March 2001 rapes.

The apprehension of Diamond and Sanchez will help bring closure for the two identified victims in the case, as well as the multiple other women investigators saw on the pair’s videotapes but were unable to identify, he said.

The Police Department’s fugitive apprehension squad and partnership with the U.S. Marshal’s Office has enabled Tempe detectives, who have been deputized, to capture violent criminals who flee the state to avoid prosecution, Pooley said.

“Anybody that commits a crime in Tempe, they’re not off limits anymore,” he said. “If you leave the state, we have these guys that are able to go out, work with other agencies, track you down and bring you back.”

Rape is a form of sexual assault that involves forced or nonconsensual sexual or oral intercourse with another person. In Arizona, rape is punishable by up to 28 years in prison, depending on the defendant’s prior criminal record. However, in extreme cases, rape may be punishable by life imprisonment without the possibility of parole. You will need a Mesa rape attorney to help plead your case if you have been charged with rap in Arizona. Cases involving rape can involve false allegations or even mistaken or false identity. If you feel you have been falsely accused of rape, contact the Naegle Law Firm today. We will make every attempt to have your case dismissed before it goes to trial. Through thorough investigation, we will be able to challenge the lack of evidence and any violations of constitutional rights.

10May
Know Arizona Self-Defense Laws before You Fight Back

Know Arizona Self-Defense Laws before You Fight Back

It is not uncommon for people to get into physical fights.  However, there are millions of Americans who are victims of violent crimes every year.  While Arizona law does allow individuals to protect themselves with physical force, it is important for people to be aware of the legal limits on self-defense.

Know When to Stop.  Although it differs from state to state, generally, people are permitted to use reasonable physical force to protect themselves from immediate danger.  It is okay for you to fight back if someone is physically hitting you.  However, if they stop fighting, you cannot continue hitting them; this would be considered an unreasonable use of force.

Criminal Charges.  If you use self-defense when it is not justified by law, you could have criminal charges filed against you, even if you didn’t start the fight.

Civil Liability.  If you use unreasonable force in defending yourself, or if you weren’t justified in using force at all, the other person may file a civil lawsuit against you and you may be forced to pay them restitution.

Castle Laws.  These laws can greatly differ from each state, and some states do not have them.  These laws allow you to use deadly force if you are in your own home and an intruder threatens to injure or kill you.  You are using this force to “protect your castle.” While Arizona does not have a “castle law,” there are statutes in place which permit an individual to use physical force if an intruder is in their home.

Deadly Force.  You are not permitted to use deadly force unless you’re in reasonable fear of immediate serious physical injury or death.  If you can get out of the situation safely, you should.  Deadly force should only be used as the last resort.

Defense of Others.  Just like when you protect yourself, you can protect someone else if you have a reasonable fear that the other person is in instant danger.

Below are two Arizona laws which describe the legal justification of self-defense in AZ:

A.R.S. 13-404 justifies the use of physical force against another person when a reasonable person would believe physical force is necessary to protect themself against the other person’s use of physical force.

A.R.S. 13-405 speaks towards the justification of using deadly force against another person. Deadly physical force is justified if it is used as defined in A.R.S. 13-404, or when a reasonable person would believe deadly physical force is necessary to protect themself against the other person’s unlawful deadly physical force.

In Arizona, it is crucial to remember that whether or not the use of physical force or deadly physical force was justified in a specific case will be determined by the jury on trial.  A good rule of thumb is to avoid using deadly physical force against an intruder unless you believe that you or your family is in immediate danger. Aside from criminal charges, the family of a victim of self-defense may seek restitution in a civil trial.

The criminal attorneys at The Naegle Law Firm will defend the rights of an individual to use force to protect themselves.  If you felt the need to use physical or deadly physical force to protect yourself or your family in Arizona, it is highly suggested that you retain the guidance of an experienced Naegle Law Firm criminal defense attorney immediately. If charges are placed against you, you will need the protection of a skilled criminal lawyer if you want to avoid a potential prison sentence. Call us today at 602-663-9958  to schedule a free and private consultation with Naegle Law criminal defense attorney, Charlie Naegle.

29Apr
Female teacher accused of raping girl, 17

Female teacher accused of raping girl, 17

RIVERTON, Utah — A Utah woman who taught and coached girls’ basketball at a high school is accused of raping a female student.

Prosecutors say 22-year-old Courtney Louise Jarrell had sexual encounters with a 17-year-old girl who attends Riverton High School, where Jarrell taught math and coached the sophomore girls’ basketball team.

Jarrell was charged Friday in 3rd District Court with rape and forcible sexual abuse.

Court documents show prosecutors say the sexual activity happened at Jarrell’s house in February and May.

Jordan School District spokeswoman Sandy Riesgraf says Jarrell resigned from the school Friday. She had been on administrative leave since the allegations arose a month ago.

Jarrell’s attorney told KSL-TV that she resigned to focus on her defense and will plead not guilty. She is due in court May 16.

 

Rape is a form of sexual assault that involves forced or nonconsensual sexual or oral intercourse with another person. In Arizona, rape is punishable by up to 28 years in prison, depending on the defendant’s prior criminal record. However, in extreme cases, rape may be punishable by life imprisonment without the possibility of parole. You will need a Mesa rape attorney to help plead your case if you have been charged with rape in Arizona. Call Charlie Naegle with The Naegle Law Firm at 602-663-9958 today for your free consultation.

15Apr
Resisting Arrest and Assaulting a Police Officer has serious consequences – Criminal Defense

Resisting Arrest and Assaulting a Police Officer has serious consequences – Criminal Defense

Once the police make up their mind that they have “probable cause” to warrant arrest, it is unwise to show objection. You should co-operate with the routine procedures; and exercise your right to remain silent. You should never verbally abuse the officer, reach for their weapon, or touch or threaten them in anyway with or without a weapon. To do so will result in additional charges, and expose you to serious physical danger.

Resisting Arrest and Aggravated Assault on Police officers are charged as felonies, and will be added on top of any other criminal charges that were involved at that time. These are very serious offenses that can result in years in prison if convicted, but also can expose a suspect to harm, serious injury or death if an officer feels threatened.

Arizona Resisting Arrest and Aggravated Assault on Police Officer

1) Resisting Arrest – Under A.R.S. 13-2508 a person may be guilty of resisting arrest if they intentionally prevent or attempt to prevent a police officer from arresting them; threaten to use, or use physical force;  or create a substantial risk of causing physical harm to that officer.

Resisting Arrest as one charge is considered a Class 6 Felony. If convicted a person will be exposed to 1.5 to 3 years in prison.

2) Aggravated Assault on Police – Under A.R.S. 13-1204 a person may be guilty of Aggravated Assault on a police officer (felony), if the person causes serious physical injury; uses a deadly weapon or instrument; causes temporary but substantial disfigurement; temporary but substantial loss, impairment, or fracture to any body part; and knows or has reason to know they were a police officer. Further, a suspect may be guilty of this offense if they knowingly take or attempt to take control of the police officers weapon.

A person guilty of aggravated assault on a police officer may be charged with a Class 2 felony. The only offense more serious than a Class 2 is a Class 1 felony reserved for homicide or murder.  A Class 2 Felony may expose a defendant to 7 to 10.5 years on prison.

Criminal Defense Attorney for Resisting Arrest, and Aggravated Assault Maricopa County AZ

If you were arrested for either or both of these charges, you should consult an assault defense lawyer in Mesa who defends cases of this nature. Your future and freedom are at stake due to the serious consequences and penalties for conviction. If retained, the Naegle Law Firm will evaluate your case; determine if there are any defenses that will have bearing on your outcome; protect your rights, and tell your side of the story. If your rights were violated, or other defenses apply, it may help lead to a dismissal or reduction in charges or mitigated sentencing.  Call 602-663-9958 for your free consultation.