Arizona Criminal Defense Attorneys

At DearLegal, we connect you with experienced Arizona criminal defense attorneys who understand the state’s mandatory-minimum framework, its tough drug and DUI laws, and the new record-sealing pathway under A.R.S. § 13-911. Whether your case is in Maricopa County, Pima County, Yavapai, or anywhere in between, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Arizona police — especially Phoenix PD, Tucson PD, and DPS — use sophisticated interrogation tactics including pre-Miranda “casual” conversations that are fully admissible. Invoke your Fifth Amendment right to silence and your right to counsel under Miranda. Don’t try to “explain” your way out.

Yes. Arizona Class 1 misdemeanors carry up to 6 months in jail and $2,500 fines under A.R.S. § 13-707. Many misdemeanor convictions (DUI, DV, theft) trigger collateral consequences — license suspension, immigration impact, federal firearm bans, employment issues. Diversion (TASC, deferred prosecution) is often available but only if negotiated before plea.

State cases go through Arizona Superior Court (felonies) or Justice/Municipal Court (misdemeanors). Federal cases in Arizona — there’s a massive volume given the border — are filed in U.S. District Court for the District of Arizona (Phoenix, Tucson, Flagstaff, Yuma, Prescott) and follow the U.S. Sentencing Guidelines. Federal drug, immigration (8 U.S.C. § 1326 reentry), firearm, and human smuggling cases are extremely common at the Arizona border.

Arizona plea agreements under Ariz. R. Crim. P. 17 are negotiated between the County Attorney and your defense lawyer. The state typically offers a plea early — and the offer often gets worse if rejected. Your attorney evaluates whether to take diversion, plead to lesser counts, plead with stipulated sentence, or proceed to trial. Maricopa County’s plea practices differ meaningfully from Pima County’s, which differ from rural counties.

Yes — Arizona created a new sealing pathway in A.R.S. § 13-911 (effective January 2023). After completing your sentence and a waiting period (2–10 years depending on offense class), you may petition to seal the record. Set-aside under A.R.S. § 13-905 has been available longer — it doesn’t erase the conviction but adds a notation that it was set aside. Marijuana possession convictions are eligible for expungement under A.R.S. § 36-2862 (Prop 207, 2020).

Arizona handles juveniles under 18 in juvenile court under A.R.S. Title 8, but the state automatically prosecutes 15- to 17-year-olds as adults for certain serious offenses (Class 1 and 2 felonies involving dangerous offenses) under A.R.S. § 13-501 — Arizona’s “direct file” statute is broader than most states. Juvenile records can be destroyed under A.R.S. § 8-349 once the person turns 18 (or 25 for serious offenses), but adult prosecutions create permanent records.

Arizona has some of the toughest DUI laws in the country. Per se BAC is .08 (.04 commercial, any amount for under-21) under A.R.S. § 28-1381. Extreme DUI (BAC ≥ .15) and Super Extreme DUI (BAC ≥ .20) carry escalating mandatory jail. Aggravated DUI (third offense in 7 years, DUI with a child under 15, DUI with a suspended license) is a Class 4 felony. Ignition interlock is mandatory for all DUI convictions for at least 12 months under A.R.S. § 28-3319.

Why Do You Need a Criminal Defense Attorney in Arizona?

Arizona’s sentencing structure is one of the most rigid in the country. Felonies fall into six classes (Class 1 through Class 6) under A.R.S. § 13-701 to § 13-710, with presumptive, aggravated, and mitigated terms set by statute and prior-felony enhancements that can multiply exposure. Arizona’s “dangerous offense” and “repetitive offender” enhancements add mandatory minimums on top of presumptive ranges. The state legalized recreational marijuana in 2020 (Prop 207, A.R.S. § 36-2850 et seq.) and allows adults 21+ to possess up to 1 ounce, but other drug charges remain aggressively prosecuted — particularly fentanyl, methamphetamine, and trafficking. Maricopa County (Phoenix) is the fourth-largest county in the U.S. and processes a massive criminal docket. Arizona prosecutors plea-bargain extensively, but charge enhancement allegations (priors, dangerous nature, narcotics) are often used as leverage. Effective in 2022, A.R.S. § 13-911 created a new pathway to seal eligible criminal records — a major change after decades with no general expungement option.

When Do You Need a Criminal Defense Attorney in Arizona?

Our network includes Arizona criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Arizona

From the moment you connect with a Arizona criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to Arizona police, DPS, or detectives without a lawyer — even casual statements get used at trial

Consenting to a search of your home, car, or phone when officers ask

Missing an Arizona court date — bench warrants issue immediately and bail is forfeited

Posting about the case on social media — Maricopa and Pima DAs subpoena Instagram, TikTok, and Facebook

Deleting messages, photos, or videos from your phone — Arizona prosecutors charge tampering with evidence

Accepting the County Attorney’s first plea offer without exploring TASC diversion or sentence stipulations

Talking to Arizona police, DPS, or detectives without a lawyer — even casual statements get used at trial

Consenting to a search of your home, car, or phone when officers ask

Missing an Arizona court date — bench warrants issue immediately and bail is forfeited

Posting about the case on social media — Maricopa and Pima DAs subpoena Instagram, TikTok, and Facebook

Deleting messages, photos, or videos from your phone — Arizona prosecutors charge tampering with evidence

Accepting the County Attorney’s first plea offer without exploring TASC diversion or sentence stipulations

Common Arizona Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Arizona Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Arizona work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under ER 1.5(d) of the Arizona Rules of Professional Conduct and ABA Model Rule 1.5(d). Flat fees are typical for misdemeanors and many felonies; complex cases (homicide, capital, federal, multi-count) usually use hourly billing with a retainer. Many attorneys offer payment plans. The Maricopa County and Pima County public defender offices represent indigent defendants.

What Can Your Arizona Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, lack of probable cause, speedy trial violation (Ariz. R. Crim. P. 8), or prosecutorial decision under Ariz. R. Crim. P. 16.

Charge Reduction

Reduction from felony to misdemeanor under A.R.S. § 13-604 (“6(c)” offenses) or reduction to lesser felony class — preserving eligibility for set-aside and later record sealing.

Pretrial Diversion / TASC

Treatment Assessment Screening Center (TASC) and county-run diversion programs allow first-time and low-level offenders to complete treatment/counseling in exchange for dismissal. Marijuana possession is now generally pre-charged out.

Plea Agreement

Negotiated resolution under Ariz. R. Crim. P. 17 — including stipulated sentences, no-prison stipulations, and removal of dangerous-nature or prior allegations.

Trial Acquittal

Not guilty verdict by jury or judge. Arizona criminal juries must be unanimous; felony juries are 8 or 12 jurors depending on potential sentence (Ariz. Const. Art. II, § 23).

Post-Conviction Relief

Arizona Rule 32/33 PCR (Ariz. R. Crim. P. 32, 33) for ineffective assistance, newly discovered evidence, illegal sentence, and constitutional violations. Strict 90-day filing window for many claims.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Arizona Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Arizona?

When Do You Need a Criminal Defense Attorney in Arizona?

Types of Criminal Defense Cases in Arizona

Common Arizona Criminal Defense Mistakes

How Much Do Arizona Criminal Defense Attorneys Cost?

What Can Your Arizona Criminal Defense Compensation Include?

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