Criminal Law

Mesa Criminal Defense Attorney

30+ Years of Trial Experience and 10,000+ Cases Handled

The Law Office of Phil Hineman, P.C. has been defending Arizona individuals against harsh criminal charges for over 30 years. Attorney Phil Hineman is a BC Distinguished lawyer recognized for his professional achievement and ethical standards as a defense attorney, and he will take a results-driven approach to building your Mesa defense. From drug possession to DUI to sex crimes, the firm has handled over 10,000 cases (250 of which were jury trials) with a compassionate and hardworking devotion to their clients and can tackle your case today.

Schedule a free initial consultation with the Law Office of Phil Hineman, P.C. online or at (928) 224-3230 to discuss your Mesa defense today.

Illicit Drug Possession in Mesa

One serious criminal offense in Mesa is illegal drug possession. Possession of any of the 6 categories of controlled substances (CDS) is illegal:

  • peyote;
  • substances that emit toxic vapors;
  • marijuana;
  • prescription-only drugs;
  • dangerous drugs; and
  • narcotic drugs.

Possession can be charged at either the felony or the misdemeanor level, depending on the nature of the offense (personal use, sale, etc.) and the amount in question, as well as the classification of the drug:

  • Peyote – Class 6 felony punishable by 4 months to 2 years in prison and up to $150,000 in fines
  • Substances that contain or emit toxic vapors – Class 5 felony punishable by 6 months to 2.5 years in jail and up to $150,000 in fines; can be reduced to a Class 1 misdemeanor carrying 6 months in jail and up to $2,500 in fines
  • Marijuana (less than 2lbs) – Class 6 felony for personal use (may be reduced to a misdemeanor); Class 5 felony if personally produced; Class 4 felony if intended for sale.
  • Marijuana (2-4lbs) – Class 5 felony
  • Marijuana (more than 4lbs) – Class 4 felony
  • Dangerous drug – Class 4 felony punishable by at least $2,000 in fines (or 3 times the value of the substance, whichever is greater) and up to 1 year in jail (with no prior convictions) or up to 3.75 years in prison (with priors); possible to reduce to Class 1 misdemeanor
  • Narcotic – Class 4 felony punishable by at least $2,000 or 3 times the value of the substance, whichever is greater, and up to 1 year in jail (no prior convictions) or up to 15 years (with 2 or more priors); possible to reduce to a Class 1 misdemeanor.

If you are facing drug-related charges in Mesa, do not hesitate to consult an experienced lawyer like Attorney Phil Hineman to strategize an effective defense for you. This can mean arguing for mitigated charges from a felony to a misdemeanor, or even petition for dismissed charges.

DUI Charges in Mesa

Driving under the influence in Mesa is another serious criminal charge in Mesa. Recall that it is unlawful to operate a motor vehicle while the driver has a blood alcohol concentration (BAC) of .08% or more or is under the influence of drugs or alcohol that causes them even the slightest impairment. In fact, a driver can even be charged with DUI if they are not driving the car; merely being in "actual physical control" of a car while under the influence, whether or not the car is in motion, can constitute an actual-physical-control DUI. For example, an intoxicated person who is in the driver’s seat while the car is parked and running or while the headlights are on could signal actual-physical-control violations.

The penalties for DUI depend on the situation, such as the driver’s exact BAC and prior convictions. Individuals convicted of “per se” DUI (BAC of .08%-.149%) could incur the following penalties:

  • 1st offense: minimum 10 days in jail; at least $1,480 in fines; 90-day license suspension; 1-year mandatory use of ignition interlock device (IID)
  • 2nd offense: minimum 90 days in jail; at least $3,000 in fines; 1-year license suspension; 1-year mandatory use of IID

Additionally, individuals who refuse to submit to a blood or breath test under Arizona’s implied consent laws could face a 1-year license suspension for a first offense and a 2-year suspension for a second and subsequent offense.

Be aware that the minimum jail time and fines will increase for those with an extreme BAC (.15%-.199%). Visit our page on DUI/DWI to learn more.

Sex-Related Offenses

There are a couple of specific types of sex crimes that are severely punished in Mesa. For one, a person can face charges for sexual assault, or rape, if they intentionally or knowingly engage in sexual intercourse or oral sexual contact with any person without their consent. Sexual assault in Arizona can include any of the following:

  • sexual penetration of the vulva, penis, or anus using anything;
  • oral sexual contact, including verbal threats, fear, or intimidation.

Another serious sex-related offense is sexual abuse. Sexual abuse is when an individual intentionally or knowingly engages in sexual contact:

  • with any person who is 15 or more years of age without the consent of that person; or
  • with any person who is under 15 years of age if the sexual contact involves only the female breast.

The penalties for sex offenses depend on the defendant’s criminal history, the age of the alleged victim, and whether the defendant knowingly inflicted physical harm:

  • Sexual assault (first offense) – at least 5.25 years of incarceration
  • Sexual assault with 2 or more prior felony sexual assault convictions – up to 28 years in jail
  • Sexual assault involving the intentional infliction of serious physical injury – 25 years to life imprisonment
  • Sexual abuse – Class 5 felony with 0.5-2.5 years of incarceration
  • Sexual abuse of a person under 15 years old – Class 3 felony with 13-27 years’ imprisonment

Get Started on Your Mesa Defense Immediately

If you are facing criminal charges in Mesa, Arizona, let the Law Office of Phil Hineman, P.C. defend you. Attorney Phil Hineman has over 30 years of legal experience and has handled more than 10,000 criminal cases, including jury trials. He takes a results-driven approach to criminal defense and will examine every single detail of your situation to build an airtight defense for you in court and exert pressure on the opposing side until the case closes. Whether you seek legal support against drug charges, DUI offenses, or sex crime accusations, the Law Office of Phil Hineman, P.C. can defend you.

Call (928) 224-3230 or contact Attorney Phil Hineman online to discuss your legal defenses in Mesa, Arizona today.

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