Phoenix Criminal Defense Attorney

Facing criminal charges is an overwhelmingly distressing experience that many never anticipate encountering. Yet, in Phoenix alone, the reality is that thousands find themselves arrested and accused of serious crimes every year. These charges not only create significant upheaval in your daily life but also threaten your future—and your freedom.

At the Law Office of James E. Novak, we have a long history of successfully representing men and women who have been charged with serious crimes. We have a deep respect for the United States Constitution, as well as the essential rights it provides—and we see it as our role to fight to protect those rights.

Phoenix is the fifth largest city in the country, with over 1.6 million people. Given this reality, it’s no surprise that the Phoenix police find themselves pretty busy. In fact, there are over 100,000 arrests in Phoenix every year. While most arrests involve misdemeanor offenses, such as assault, drug possession, shoplifting, petty theft, and DUI offenses, more than 60,000 involve felony crimes.

Below is a list of the most common felony offenses in Phoenix, based on 2022 data from the Phoenix Police Department:

• Aggravated Assault – 8,986 arrests
• Burglary – 6,266 arrests
• Felony Theft – 33,631 arrests
• Rape – 1,105 arrests
• Robbery – 3,207 arrests
• Motor Vehicle Theft – 7,633 arrests

The best defense to any Phoenix criminal charges will always depend on the specifics of the case and the nature of the charges. However, some common defenses include proving that law enforcement violated your constitutional rights, which can result in the suppression of evidence. An example of this is if a police officer searches your car without a warrant or probable cause. These issues are handled in pre-trial motions to suppress, which, when successful, can result in the prosecution having no choice but to withdraw the case against you.

You can also challenge the credibility of witnesses or the accuracy of law enforcement's version of events, which can create reasonable doubt. This is an incredibly common strategy in domestic violence cases as well as sex cases.

Another common defense is the lack of intent, particularly in crimes requiring specific intent, such as theft crimes. Further, demonstrating that your actions were a result of mistake, coercion, or lack of knowledge can also undercut the prosecution's case.

Alibi defenses, which involve proving that you were somewhere else when the crime occurred, can be incredibly strong if supported by solid evidence. However, alibis can also be dangerous as they require the jury to believe your version of events. So, if the alibi evidence or alibi witness is not rock-solid, there may be a better alternative.

For charges like a DUI, your Phoenix criminal defense attorney might challenge the administration or accuracy of blood alcohol tests. It is also common to point to constitutional violations when developing a DUI defense.

In some instances, self-defense or defense of others is applicable, particularly in assault or homicide cases. However, for any claim of self-defense or defense of others, the level of force you used must be reasonable and proportionate to the level of force you faced.

The bottom line is that there is almost always a defense, regardless of the crime; it’s just a matter of uncovering the evidence to support it.

If you or a loved one was recently charged with a felony or misdemeanor crime in Phoenix, reach out to the Law Office of James E. Novak for immediate assistance. Our Phoenix criminal defense attorney cares deeply about each of his clients and takes the time necessary to understand your story, your situation, and your goals. After we’ve gained a complete understanding of the entire situation will we then sit down with you to devise a compelling defense designed to minimize the impact your case has on the rest of your life. To learn more and to schedule a free consultation with Attorney James Novak, give us a call at 480-413-1499 or fill out our secure online contact form, and we will get back to you as soon as possible.