Criminal Defense

In a criminal case, the burden of proof is on the prosecution to provide admissible and appropriate evidence to support its claim. We hold prosecutors to that standard and are dedicated to defending your case to the fullest extent. Our primary objective is to ensure that your constitutional rights are preserved and protected from the first moment of police action throughout the entire judicial process.

Attorney Tyler K. Allen provides representation for the following criminal matters:

  • Drug Offenses: Transporting, possession, sale or distribution, trafficking.
  • Property Offenses: Trespassing, theft, burglary, robbery, shoplifting.
  • Violent Crimes: Assault and battery.
  • White Collar Crimes: Fraud, embezzlement, forgery, identity theft.
  • Other: Domestic Violence, violations of Orders of Protection/Injunction Against Harassment, probation violations, civil and criminal traffic violations, and other crimes.

Sentencing

Misdemeanor Offenses

Misdemeanors, such as shoplifting and certain drug charges are generally less severe than felonies in Arizona. Below are the misdemeanor classifications and the potential terms of incarceration:

  • Class 1 misdemeanor: 6 months
  • Class 2 misdemeanor: 4 months
  • Class 3 misdemeanor: 30 days

Fines, community service, and drug/alcohol screening and counseling can also be imposed upon conviction of a misdemeanor. The fine amounts and other requirements will depend upon the facts of the case and the defendant's criminal record.

Felony Offenses

Felonies, such as burglary, aggravated assault, and certain drug crimes are generally more serious than misdemeanors. Below are the felony classifications and presumptive sentences for felonies in Arizona:

  • Class 1 felony: 25 years to life in prison (Arizona allows the death penalty in First Degree Murder cases)
  • Class 2 felony: 5 years
  • Class 3 felony: 3.5 years
  • Class 4 felony: 2.5 years
  • Class 5 felony: 1.5 years
  • Class 6 felony: 1 year

These sentences can be more severe for defendants who have aggravating/mitigating circumstances. Below are the ranges of sentencing for felonies in Arizona.

Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years

These sentences can be more severe for defendants who have a prior conviction on their criminal record.