"A criminal defense lawyer is the only thing standing between a defendant and the unlimited resources of the government." - S. Silva
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CRIMINAL CASE INFORMATION
If you are looking for a criminal defense lawyer in Maricopa County, Arizona, or have questions about a felony or a misdemeanor offense, Mr. Silva would be happy to provide you with a free consultation, and will personally handle your case, if accepted.
For a complete listing of all felony and misdemeanor crimes in the State of Arizona, see the Arizona Revised Statutes.
DUI OFFENSES
For information on DUI offenses, see our DUI Cases page.
IMMIGRATION CONSEQUENCES
For information on the immigration consequences of a criminal conviction, see our Immigration Consequences page.
FELONY OFFENSES
Felony offenses are, by definition, serious offenses. In Arizona, a felony offense is an offense that has a potential punishment of one year or more in the Arizona Department of Corrections (prison). Felony convictions can have a serious impact on your record and can cause you to lose your civil rights, lose your job, and can prevent you from traveling to other countries. There are many felony offenses in Arizona, including homicide, violent offenses, sexual offenses, drug offenses, white collar crimes, and theft.
All felony offenses in Maricopa County are handled by Maricopa County Superior Court and most of them are prosecuted by the Maricopa County Attorney's Office. In recent years, the Maricopa County Attorney's Office has changed its policies to be much more aggressive towards people charged with felonies--even first-time, non-violent offenders are being offered very harsh plea bargains. Although probation is often available to first-time offenders, a person can still be ordered to spend up to 1 calendar year in the Maricopa County Jail as a condition of probation. It is imperative that you consult with an experienced criminal defense attorney if you are facing felony charges.
Mr. Silva has successfully handled hundreds of serious felony cases, including capital murder, first degree murder, second degree murder, manslaughter, fraud, organized crime, drug trafficking, aggravated assault, sexual assault, felony theft, white collar crimes, and more. Mr. Silva knows exactly what issues to look for and what defenses are available in felony cases.
MISDEMEANOR OFFENSES
If you are convicted of a non-DUI, misdemeanor offense, such as Misdemeanor Assault, you may be exposed to variety of possible punishments. In most misdemeanor cases, however, the harshest punishment that can be imposed is 6 months in jail and up to a $2500 fine (plus surcharges). Jail time is not required in many misdemeanor cases, so courts will often impose other punishments such as community service and classes. After a period of time, some misdemeanor convictions can be "set aside" and "dismissed" if the proper paperwork is filed with the court. Although misdemeanor convictions are not as serious as felony convictions, they can still cause people to lose their jobs. Also, some countries (like Canada), will not allow an American to enter the country with misdemeanor convictions, like DUI, on their record.
Mr. Silva has successfully handled thousands of misdemeanor cases. Many misdemeanor cases will proceed to a bench trial before a judge, and Mr. Silva has tried hundreds of bench trials in his career.
DOMESTIC VIOLENCE OFFENSES
Domestic violence offenses involve any criminal offense that occurs between family members or people that have lived together. To see the exact definition of "domestic violence" in Arizona, refer to A.R.S. 13-3601. If a person is convicted of a domestic violence offense, there are additional sentencing requirements that a judge must impose. One requirement is that the person will be required to complete domestic violence counseling for a minimum of 26 weeks (one 2-hour class a week, for at least 26 weeks). This requirement cannot be deleted or ignored by the judge, no matter how minor the offense. Another consequence of a domestic violence conviction is that the person will be prohibited from possessing firearms under federal law. This is true even if the domestic violence crime did not involve the use of weapons.
PROBATION VIOLATIONS
Probation violations occur when a person has been placed on probation for a criminal offense and violates a "condition" of that probation, such as not keeping in contact with a probation officer. All probation periods include the "condition" that a person remain a law abiding citizen during the period of probation.
If a person is charged with violating a condition of probation, that person can be taken into custody by law enforcement and held for a probation violation hearing. If a person was on felony probation, they may have a hold placed on them which prevents them from posting bond, and being released from jail, until the case is concluded. Some people are released on their own recognizance or are released on bail pending the hearing. If the person is found to have violated probation, the probation can then be revoked and the person can be sentenced to additional punishment, such as additional jail or prison time.
All people in Arizona are entitled to legal representation for probation violation proceedings. An attorney can help you get released from jail and can fight the accusations in a hearing. Also, an attorney can help you have your probation reinstated, rather than revoked. Mr. Silva has represented hundreds of clients who have been charged with violating probation and always works to get his clients reinstated on probation with no additional jail time.
APPEALS
When a person has been convicted of a crime by a jury or a judge, that person has a right in Arizona to appeal the conviction to a higher court. If the conviction occurred in a city court, the appeal is heard by Superior Court. If the conviction occurred in Superior Court, the appeal is heard by the Arizona Court of Appeals. In order for a person to prevail on appeal, they must convince the higher court that there was a legal error in the case and that this legal error was "not harmless." You can appeal a conviction you received after a trial, but plea agreements usually cannot be appealed.
Appeals can be very complicated because there are specific rules that govern how an appeal must proceed and what paperwork must be filed. Appeals can also be very time consuming because an attorney must review the entire court record to determine what legal issues are relevant for appeal. It helps if the attorney is already well-versed in the case law that applies to those issues.
Mr. Silva has handled numerous appeals on behalf of people convicted of crimes and has filed briefs in the Arizona Court of Appeals. Mr. Silva has even worked on appeals in homicide cases. If you have been convicted of a crime in a trial, and you want to appeal that conviction, Mr. Silva would be happy to talk to you about your case.
FEDERAL OFFENSES
Federal offenses involve crimes in violation of United States Code and are handled in U.S. District Courts and are prosecuted by United States Attorneys. They can involve either misdemeanor or felony charges and these crimes are different than those crimes outlawed by the State of Arizona. An attorney must be licensed in Federal Court to handle these types of cases. Mr. Silva is licensed in the U.S. District Court of Arizona and has represented numerous people accused of federal crimes.
If you are looking for a criminal defense lawyer in Maricopa County, Arizona, or have questions about a felony or a misdemeanor offense, Mr. Silva would be happy to provide you with a free consultation, and will personally handle your case, if accepted.
For a complete listing of all felony and misdemeanor crimes in the State of Arizona, see the Arizona Revised Statutes.
DUI OFFENSES
For information on DUI offenses, see our DUI Cases page.
IMMIGRATION CONSEQUENCES
For information on the immigration consequences of a criminal conviction, see our Immigration Consequences page.
FELONY OFFENSES
Felony offenses are, by definition, serious offenses. In Arizona, a felony offense is an offense that has a potential punishment of one year or more in the Arizona Department of Corrections (prison). Felony convictions can have a serious impact on your record and can cause you to lose your civil rights, lose your job, and can prevent you from traveling to other countries. There are many felony offenses in Arizona, including homicide, violent offenses, sexual offenses, drug offenses, white collar crimes, and theft.
All felony offenses in Maricopa County are handled by Maricopa County Superior Court and most of them are prosecuted by the Maricopa County Attorney's Office. In recent years, the Maricopa County Attorney's Office has changed its policies to be much more aggressive towards people charged with felonies--even first-time, non-violent offenders are being offered very harsh plea bargains. Although probation is often available to first-time offenders, a person can still be ordered to spend up to 1 calendar year in the Maricopa County Jail as a condition of probation. It is imperative that you consult with an experienced criminal defense attorney if you are facing felony charges.
Mr. Silva has successfully handled hundreds of serious felony cases, including capital murder, first degree murder, second degree murder, manslaughter, fraud, organized crime, drug trafficking, aggravated assault, sexual assault, felony theft, white collar crimes, and more. Mr. Silva knows exactly what issues to look for and what defenses are available in felony cases.
MISDEMEANOR OFFENSES
If you are convicted of a non-DUI, misdemeanor offense, such as Misdemeanor Assault, you may be exposed to variety of possible punishments. In most misdemeanor cases, however, the harshest punishment that can be imposed is 6 months in jail and up to a $2500 fine (plus surcharges). Jail time is not required in many misdemeanor cases, so courts will often impose other punishments such as community service and classes. After a period of time, some misdemeanor convictions can be "set aside" and "dismissed" if the proper paperwork is filed with the court. Although misdemeanor convictions are not as serious as felony convictions, they can still cause people to lose their jobs. Also, some countries (like Canada), will not allow an American to enter the country with misdemeanor convictions, like DUI, on their record.
Mr. Silva has successfully handled thousands of misdemeanor cases. Many misdemeanor cases will proceed to a bench trial before a judge, and Mr. Silva has tried hundreds of bench trials in his career.
DOMESTIC VIOLENCE OFFENSES
Domestic violence offenses involve any criminal offense that occurs between family members or people that have lived together. To see the exact definition of "domestic violence" in Arizona, refer to A.R.S. 13-3601. If a person is convicted of a domestic violence offense, there are additional sentencing requirements that a judge must impose. One requirement is that the person will be required to complete domestic violence counseling for a minimum of 26 weeks (one 2-hour class a week, for at least 26 weeks). This requirement cannot be deleted or ignored by the judge, no matter how minor the offense. Another consequence of a domestic violence conviction is that the person will be prohibited from possessing firearms under federal law. This is true even if the domestic violence crime did not involve the use of weapons.
PROBATION VIOLATIONS
Probation violations occur when a person has been placed on probation for a criminal offense and violates a "condition" of that probation, such as not keeping in contact with a probation officer. All probation periods include the "condition" that a person remain a law abiding citizen during the period of probation.
If a person is charged with violating a condition of probation, that person can be taken into custody by law enforcement and held for a probation violation hearing. If a person was on felony probation, they may have a hold placed on them which prevents them from posting bond, and being released from jail, until the case is concluded. Some people are released on their own recognizance or are released on bail pending the hearing. If the person is found to have violated probation, the probation can then be revoked and the person can be sentenced to additional punishment, such as additional jail or prison time.
All people in Arizona are entitled to legal representation for probation violation proceedings. An attorney can help you get released from jail and can fight the accusations in a hearing. Also, an attorney can help you have your probation reinstated, rather than revoked. Mr. Silva has represented hundreds of clients who have been charged with violating probation and always works to get his clients reinstated on probation with no additional jail time.
APPEALS
When a person has been convicted of a crime by a jury or a judge, that person has a right in Arizona to appeal the conviction to a higher court. If the conviction occurred in a city court, the appeal is heard by Superior Court. If the conviction occurred in Superior Court, the appeal is heard by the Arizona Court of Appeals. In order for a person to prevail on appeal, they must convince the higher court that there was a legal error in the case and that this legal error was "not harmless." You can appeal a conviction you received after a trial, but plea agreements usually cannot be appealed.
Appeals can be very complicated because there are specific rules that govern how an appeal must proceed and what paperwork must be filed. Appeals can also be very time consuming because an attorney must review the entire court record to determine what legal issues are relevant for appeal. It helps if the attorney is already well-versed in the case law that applies to those issues.
Mr. Silva has handled numerous appeals on behalf of people convicted of crimes and has filed briefs in the Arizona Court of Appeals. Mr. Silva has even worked on appeals in homicide cases. If you have been convicted of a crime in a trial, and you want to appeal that conviction, Mr. Silva would be happy to talk to you about your case.
FEDERAL OFFENSES
Federal offenses involve crimes in violation of United States Code and are handled in U.S. District Courts and are prosecuted by United States Attorneys. They can involve either misdemeanor or felony charges and these crimes are different than those crimes outlawed by the State of Arizona. An attorney must be licensed in Federal Court to handle these types of cases. Mr. Silva is licensed in the U.S. District Court of Arizona and has represented numerous people accused of federal crimes.
Silva Law Firm, P.C. LEGAL DISCLAIMER: The materials in this web site are not legal advice and your use of these materials does not constitute nor form an attorney/client relationship with the Silva Law Firm, P.C. Please do not send any confidential information to our office without prior authorization. Contact us personally regarding specific advice for your particular case, because there is no substitute for professional legal counsel.