Criminal Law
All Sections
- Types of Offenses
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Violations of Law may be treated as petty offenses, misdemeanors, or felonies.
A misdemeanor is a crime that is less serious than a felony. Examples of misdemeanors are shoplifting, disorderly conduct, and illegal possession or consumption of alcohol. Misdemeanors are usually punished by a fine not greater than $2,500, and may also be punished with jail time of not more than six months. Most judges do not require first-time misdemeanor offenses to serve jail time, although a judge may choose to assign jail time up to the statutory maximum on a first offense.
A felony involves a serious crime, such as kidnapping, sexual assault, or burglary. Felonies may be punishable by a fine or a prison term, or both.
- Minor in Possession of Alcohol (A.R.S. § 4-244(9))
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It is unlawful for someone under the legal drinking age (21) to buy, receive, possess, or consume alcoholic beverages. Underage drinking is a class 1 misdemeanor punishable by a maximum $2,500 fine and 6 months in jail.
It is also unlawful for an underage person to ask another person to buy, sell, give, serve, or provide him/her alcoholic beverages. The maximum penalty for this class 3 misdemeanor is a $500 fine and 30 days in jail. Judges also have the discretion to place the offender on probation. The person who furnishes the alcohol to an underage person, however, may be charged with a class 1 misdemeanor. - Open Container (A.R.S. § 4-251)
- It is unlawful for a person to consume or possess an open container of alcohol while operating or while within the passenger compartment of any vehicle. This law does not apply to a passenger of a bus, limousine or taxi. Persons violating this law will be guilty of a class 2 misdemeanor, which could result in a maximum penalty of a fine of $750 and/or up to four months imprisonment.
- Shoplifting (A.R.S. § 13-1805)
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A person commits shoplifting if:
- she/he is in a place where merchandise is displayed for sale
- she/he knowingly obtains some merchandise with the intent to deprive another by
- removing the merchandise from display without paying the purchase price.
- charging the price to a fictitious person or to a real person without his or her consent.
- paying less than the purchase price by altering the price tag.
- transferring the merchandise from one container to another.
- concealing the merchandise.
Shoplifting is a class 1 misdemeanor, which is punishable by a fine and jail time. However, Arizona law does authorize a judge to sentence a convicted shoplifter to community service rather than impose a fine.
Some businesses will also attempt to impose a civil penalty on a person who has been charged with shoplifting. - Disorderly Conduct (A.R.S. § 13-2904)
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A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person
- engages in fighting, violent or seriously disruptive behavior; or
- makes unreasonable noise; or
- uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
- makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
- refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
- recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
- If You Are Pulled Over
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- Stay calm and keep your hands in the officer's sight at all times. Any quick movements may lead the officer to believe that you have a weapon or contraband of some sort.
- Upon request, show your driver's license, registration and proof of insurance. If you have to reach into something to retrieve this information, such as your glove compartment, tell the officer where the information is, i.e., "My driver's license is in my purse," and then slowly reach for it.
- Most law enforcement officers treat people they have contacted fairly and with respect. However, even if you believe that an officer is being unreasonable, do not provoke the officer with foul language, disrespectful attitude, or aggressive demeanor.
- Should such an event occur, remember the details of the incident and ask for the officer's name and badge number.
- If You Are Approached
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- When/if confronted by a police officer for any reason whatsoever, maintain a calm and polite attitude.
- Do not argue with the officer even if you believe the officer is acting improperly.
- Provide proof of identification upon request.
- If you are unsure whether you are being arrested or just stopped for suspicious behavior, ask if you are being arrested. If you are, you might want to exercise your right to remain silent and to have the assistance of an attorney, and if not, you can politely ask for permission to leave.
- Try to remember the details of the incident, and make sure you ask for the officer's name and badge number.
The United States Constitution provides that its citizens are not to be subjected to unreasonable searches and seizures. This means that, under most circumstances, your residence, your car, your personal effects, and your person are not subject to search unless you give your consent. However, exceptions are made for searches which are done after a search warrant has been issued. Court decisions have also opened the door for other searches where special circumstances exist at the time of the search. Also, a search of your person and an inventory of personal property in your possession is normally permitted after you have been arrested.
If you are detained by a law enforcement officer and are asked to permit a search, you may indicate that you do not consent to the search, whether or not you believe the search is legally permissible. It is appropriate to make note of the officer's name and badge number, and you should try to remember the details of the incident, as this information may later be helpful in deciding whether or not you should have been arrested or whether evidence was properly obtained.
It is a violation of Arizona law to provide false information to a police officer and/or to obstruct an officer in the performance of his/her duties. Therefore, you should always provide identification if an officer requests it. If you are driving a car and are stopped, you will be expected to be able to provide your driver's license, vehicle registration, and proof of insurance. Also, case law has established that your car may be searched without a warrant, if an officer has probable cause. To preserve your rights, you may clearly state that you do not consent to a search.
Arizona Criminal Code
If you are detained by a law enforcement officer and are asked to permit a search, you may indicate that you do not consent to the search, whether or not you believe the search is legally permissible. It is appropriate to make note of the officer's name and badge number, and you should try to remember the details of the incident, as this information may later be helpful in deciding whether or not you should have been arrested or whether evidence was properly obtained.
It is a violation of Arizona law to provide false information to a police officer and/or to obstruct an officer in the performance of his/her duties. Therefore, you should always provide identification if an officer requests it. If you are driving a car and are stopped, you will be expected to be able to provide your driver's license, vehicle registration, and proof of insurance. Also, case law has established that your car may be searched without a warrant, if an officer has probable cause. To preserve your rights, you may clearly state that you do not consent to a search.
Arizona Criminal Code
Last updated: May 19, 2008 by Memorial Union WebTeam