
Recently, the Arizona Supreme Court eliminated the use of “peremptory” challenges in jury trials. They became the first State in the United States to do so. “Peremptory” challenges gave trial attorneys the ability to “strike” certain potential jurors who seemed to be biased toward the client’s case. The defendant and the State each received six strikes. The law precluded the use of a peremptory challenge for a “race-based” reason. The United States Supreme Court has “long recognized the role of the peremptory challenge in reinforcing a defendant’s right to a trial by an impartial jury.” *United States v. Martinez-Salazar*, 528 U.S. 304, at 311. Despite a long and unanimous history of the right to peremptory strikes and the fact that they are one tool to help deliver an impartial jury, the Arizona Supreme Court has eliminated them. Your lawyer must be prepared to use a comprehensive written juror questionnaire, particularized to the nature of the charges and be well qualified at questioning potential jurors in order to move the court to grant “strikes for cause.” The accused and the State will still have unlimited “strikes for cause.”

If you or your loved one faces serious criminal charges in Arizona, you need an experienced jury trial lawyer. The Bruce Blumberg and the lawyers at Blumberg & Associates in Phoenix, Arizona have tried close to a hundred major felony jury trials with much success.


Arizona Supreme Court Eliminates The Use Of “Peremptory” Challenges In Jury Trials

Impersonating a military member in Arizona


America’s war heroes are among the most venerated individuals in our society. But what happens if you try to impersonate them? In everyday language, this is sometimes referred to as “stolen valor.” It goes without saying that the general public looks down upon this behavior, but how is it viewed in the eyes of the law? Is impersonating a military officer illegal in Arizona? If so, what kinds of consequences might you face if charged with this crime?

**You Could Face Felony Fraud Charges **

The worst-case scenario for someone who impersonates a military officer is felony fraud charges. Many people choose to impersonate members of the military in order to benefit in some way. Usually, the benefits are of a financial nature. For example, military officers often get special deals, tax benefits, and certain freedoms.

In Arizona, you may be charged with criminal impersonation after impersonating a member of the military. As long as you assume someone else’s identity with the intent to defraud someone or gain access to property, you face a class 6 felony.

In addition, you need to consider the Stolen Valor Act of 2005. This law makes it illegal to wear any military decorations or medals. If you falsely claim that you have received these medals, you face a prison sentence of up to six months. If you lie about receiving the Medal of Honor, you face up to 12 months in prison. The original law did not take into account intent. This meant that it didn’t matter whether you intended to defraud anyone – you would still be charged with the crime regardless. However, the law was amended in 2013, and now you can only be guilty of this crime if you intended to commit fraud.

**Examples of Impersonating a Member of the Military **

In 2011, a man in Tucson was charged with seven felonies after impersonating a two-star general. He wore a uniform and managed to gain entry into Fort Huachuca Army post. Once inside, he went shopping at the fort’s commissary and purchased $62 worth of tax-free items.

In 2009, a man faced 13 felony charges after impersonating a highly-decorated Marine with multiple ribbons and military honors. Authorities stated that he used this false identity to get discounts on airline tickets. He also claimed that he was about to deploy to Iraq, which allowed him to postpone a court hearing for a DUI charge.

**Enlist the Help of a Qualified Attorney Today **

Don’t face any criminal charges without the help of a skilled [Phoenix criminal attorney](https://azblumberglaw.com/phoenix-criminal-attorney/). If you need assistance with your case, reach out to us today at Blumberg & Associates for a consultation.

Resource:

tucson.com/news/local/crime/tucson-man-faces-charges-of-impersonating-air-force-officer/article_84d6ede2-9de0-11e0-816d-001cc4c03286.html

denverpost.com/2009/06/11/man-accused-of-impersonating-war-hero-in-ariz/


Penalty For Impersonating A Member Of The Military In Arizona


Buying a house is a rewarding and life changing experience for many new and even experienced buyers. With mortgages, however, it is incredibly important to be as scrupulous as possible throughout the whole process, as it is easier than one might think to accidentally commit mortgage fraud. While most crimes are clear in nature like stealing, or causing physical harm to another, mortgage fraud has a wide range from organized intentional schemes all the way to accidental omission and improper filings. Fortunately, in any case, there is always help to mitigate the stress being experienced by such heavy accusations.

**What is a Mortgage?**

To begin to even understand mortgage fraud, let’s clearly get out of the way what a mortgage even is, in simplest terms. A mortgage is a loan used to buy or refinance a home. If you do not have enough to pay a house in full with cash, as most do not, a mortgage is the way to purchase a home through a financed loan. There always exists a lender party, and a borrower party, where the borrower is expected to pay back the loan over a set of years and months.\*\* \*\*

**What is Mortgage Fraud, and When Does it Occur? **

It is entirely possible to unintentionally commit mortgage fraud. As per the FBI, omission or improper reporting of information that influences a borrower or lender can be considered a heavily fined and punished crime.

The FBI has also listed other forms of mortgage fraud. Aside from borrowers not accurately displaying true reflective and transparent financial documentation, there exists fraud in the form of white-collar crime. This fraud occurs when industry insiders use their knowledge or special circumstances to commit or facilitate fraud. This fraud is not the same in nature as those borrowers looking to secure a home. Rather, these frauds involve an attempt to misuse the lending process to steal cash from either the lenders or the homeowners borrowing. Any members of the housing industry from banks to brokers and appraisers can be involved in improperly following proper documentation processes.\*\* \*\*

**What Are My Next Steps Following Mortgage Fraud Accusations?**

Committing fraud whether intentionally or unintentionally, from borrower or by lender, is heavily punishable in Arizona, as well as nationwide. Should you be accused of mortgage fraud, your first step is to find a mortgage fraud attorney to help guide you through what immediate steps to take next, as well as what documents and other resources you may need to reach. A criminal defense attorney is going to help with whatever unique circumstance you find yourself in, and will ease the burdens of the process.

**Accused of Mortgage Fraud? Contact Our Offices Today**

Regardless of the nature of mortgage fraud accusations, the stress comes all the same. Facing the notions of fraud related penalties and punishments is enough to get anyone understandably worked up. Thankfully, there is a long history in understanding these cases which attorneys are experienced in. At Blumberg & Associates, our [Phoenix criminal attorneys](https://azblumberglaw.com/phoenix-criminal-attorney/) understand the stress entangled with such accusations, and we care to help you every step of the way. For any questions or concerns regarding mortgage fraud, rest assured in contacting our team at (602) 277-6180 today.

Resources:

azleg.gov/viewdocument/?docName=

azleg.gov/ars/13/02320.htm

fbi.gov/investigate/white-collar-crime/mortgage-fraud


What is Mortgage Fraud, and What to Do if Facing Accusations


Prostitution is a serious crime in the state of Arizona. Not only is it generally frowned up and held with contempt, it is also an area that can connect to much greater issues that can get one into heaps of trouble. It is of the essence to get legal advice promptly or as soon as possible if you have been accused of soliciting for prostitution. That being said, know there are defense options available to you.

### **What is Prostitution Defined as in Arizona?**

In the state of Arizona, prostitution is defined as the engagement, agreement, or offering of any sexual conduct or act under a fee arrangement with any person for money or any other valuable consideration. In simpler terms, prostitution is the exchange of any sexual conduct being exchanged or having a transactional origin to it.

Solicitation has its own definitions as well. In Arizona, Sec 23-52, it has a specific guideline for determining how to classify solicitation of prostitution. The first and clear solicitation of prostitution manifests itself clearly through directly offering to, agreeing to, or committing an act of prostitution.

Secondly,  soliciting or hiring another person to commit an act of prostitution. Solicitation can also be identified by someone who is in a public space or place open to public view, or on a public roadway, manifesting some intent to commit or solicit an act of prostitution. Intent may be identified as, for example: a vehicle that repeatedly stops, attempts to beckon to, or attempts to stop and engage a passerby seeking to commit an act of prostitution.

### **What are the Consequences for Soliciting Prostitution in Arizona?**

First offenses are considered a Class 1 misdemeanor, punishable up to six months jail and fines up to $2,500. Following a first offense, more time has to be served in jail, and by a third offense, a minimum of 60 days in jail and a treatment program are necessary.

### **What to do if Accused of Soliciting for Prostitution in Arizona**

If you have been accused, the steps are simple. Remain calm and composed to take the next step. Call an attorney experienced in sex crimes. This will be helpful as they are really the aids that will guide you through critical decisions to make.

### **Have You Been Accused of Soliciting for Prostitution? Call Us Today**

Being accused of soliciting for prostitution is no light accusation. There are so many weights carried to soliciting for prostitution, and it is important to act immediately. These accusations weigh on personal life, and even potentially the professional life depending on the nature of the accusations. Take a deep breath, and relax — rest assured you have options. At Blumberg & Associates, our [Phoenix criminal attorneys](https://azblumberglaw.com/phoenix-criminal-attorney/) are ready to help guide and advise the proper direction to take following prostitution solicitation accusations. If you have any questions or concerns, have confidence calling our staff at (602) 277-6180 today.

Resource:

azleg.gov/ars/13/03214.htm


Accused of Soliciting for Prostitution in Arizona? Know Your Rights


Money laundering is a serious crime that could have long term punishments which follow. Money laundering surmounts the millions, billions, and even trillions of dollars worldwide. The figures and general statistics of how much money is laundered is difficult to keep track of due to the nature of secrecy involved with laundering.

It is estimated that anywhere from 800 billion to 2 trillion dollars are laundered every year. While it is difficult to determine for certain how much is laundered, it becomes a lot easier with the identification of individual money laundering operations. If you have been accused of money laundering, it is critically important that you obtain legal help immediately.

**What is Money Laundering in Arizona?**

Money is laundered when it is spent or concealed. Simply obtaining money by illegal means in and of itself is not laundering money. The money becomes laundered when it is spent, or if it is concealed in some way to make it seem as though it was obtained legally or is hidden from being recorded income.

Arizona money laundering laws differentiate between different severities or degrees of money laundering. For instance, first degree money laundering is a class 2 felony. It is punishable by fines of 3 times the amount that was laundered, and up to 12.5 years in prison.

Second degree money laundering is considered a class 3 felony, also punishable by 3 times the amount laundered in fines. The difference here is that prison sentences are up to 8.75 years in prison.

Third degree money laundering is classified as a class 6 felony and is also punishable by 3 times the amount laundered, or a minimum of 2000 dollars, whichever is greater. The prison sentence is a maximum of 6 years.

**Defenses for Money Laundering in Arizona**

Seeing the fines and sentences attributed to laundering money is daunting and understandably unnerving. Fortunately, there are defenses and routes one can take with the assistance of an experienced criminal defense lawyer.

Asking your attorney about lack of intent may be useful and determining whether the money was being planned to be concealed or not can provide some assistance for mitigating sentences, or being relieved of fines. If there is reason to believe that you were illegally searched or had property seized, it may be helpful in your defense. Much like illegal searching and seizing, duress is another illegal means by which one might be coerced into confession against one’s will. Finally if there is suspected entrapment that lead to accusations of money laundering, that may also be useful to note for your defense.

**Accused of Money Laundering? Call Our Office as Soon as Possible**

Money laundering is no simple crime. It is punished by state, federally, and in some cases by both. Money laundering also risks being put into question and being connected to other crimes, which can only worsen sentences and bring about additional charges. It is very important to get the legal assistance you need right away, as time is of the essence. At Blumberg & Associates, our [Phoenix white collar crime attorneys](https://azblumberglaw.com/phoenix-criminal-attorney/white-collar-crimes/) are ready to assist with any questions or concerns you might have regarding the matter. Please do not hesitate to call our office at 602-277-6180 today.

Resources:

fincen.gov/what-money-laundering

unodc.org/unodc/en/money-laundering/overview.html


Facing Money Laundering Accusations? What You Need to Know


Throughout the state of Arizona, the use of illegal drugs is strictly prohibited. According to the Center for Disease Control and Prevention, Arizona had the 12th highest drug mortality rate in the United States during the year 2014. This statistic warrants concern, as Arizona is not even in the top quartile for the most populous states in the nation. As a result of the widespread drug-related deaths in Arizona, government officials have implemented stricter laws in an attempt to crack down on the prevalence of drug use. Thus, an individual who has been charged for possessing “dangerous” drugs, is at risk of receiving serious penalties that may even require years of jail time. If you have been charged with drug possession and you wish to reduce your punishment or clear your name from this serious charge, you will need the assistance of a highly skilled Arizona drug attorney.

What Are Dangerous Drugs in Arizona?

Arizona has a specific classification of drugs that they consider “dangerous.” Almost every narcotic that is not marijuana can fall into this category. Examples of common dangerous drugs include but are not limited to:

- Methamphetamine

- Lysergic acid diethylamide (LSD)

- Amphetamines

- Mescaline

- Hallucinogenic mushrooms

- Clonazepam

- Xanax

Many of the drugs that fall into the “dangerous” category are prescription drugs that are taken without proper medical approval. In total, there are about 332 dangerous drugs in the Arizona revised statutes.

What Is The “Threshold Amount”?

Arizona has specific and varying threshold amounts for each drug. If you are found in possession of a drug above the threshold amount, then there is a rebuttable presumption that you have the intent to sell or distribute the dangerous drug. This distinction is significant because the intention to distribute a dangerous drug comes with a much more serious penalty than just merely possessing the drug.

What Are The Penalties For Dangerous Drug Possession?

The penalties for dangerous drug possession depend on a wide range of factors and what the defendant intended to do with the drug. The various charges are as follows:

- Possession of use of a dangerous drug: Class 4 Felony

- Committing fraud to obtain a dangerous drug: Class 3 Felony

- Possession of equipment that can be used to manufacture a dangerous drug: Class 3 Felony

- Possession of a dangerous drug for sale: Class 2 Felony

- Administering a dangerous drug to another individual: Class 2 Felony

- The manufacturing a dangerous drug: Class 2 Felony

- The transportation of a dangerous drug for sale: Class 2 Felony

In Arizona, the lower the classification, the more serious the punishment is. Additionally, if you are a second time offender that has previously been convicted with drug crime, your punishment is likely to be even harsher. Serious drug crimes in Arizona can lead to penalties that include up to 20 years in prison. You should be aware that possession of methamphetamine for sale will mandate a minimum of ten (10) years “flat” in prison.

Have You Been Charged With a Dangerous Drug Crime?

Dangerous drug crimes in Arizona are not taken lightly. If you have been charged with a dangerous drug crime, it is central that you consult a skilled [Phoenix criminal attorney](https://azblumberglaw.com/phoenix-criminal-attorney/) at Blumberg & Associates. To discuss your options and schedule a free consultation with us, please do not hesitate to contact us at (602) 277-6180 today.

Resource:

cdc.gov/drugoverdose/data/statedeaths/drug-overdose-death-2014.html


What Happens When You Are Caught With Dangerous Drugs in Arizona?

Charged with possessing child pornography


Possession of or the transmission of child pornography is a serious crime in Arizona, and is a heavily punished Felony nationwide, sometimes resulting in life imprisonment. Being such a serious crime, it is of utmost imperative to contact a criminal defense attorney immediately. If you suspect you have been wrongly accused with possession of or transmission of child pornography, or are wondering what your legal options are, it is of time-sensitive importance to contact an attorney as soon as possible. Child pornography accusations can drastically and dramatically alter someone’s life, as such is best resolved sooner and with expert advice.

What is Child Pornography, and What is Possession of it ?

In order to understand any moving forward with accusations, it is important to identify and have an understanding over what child pornography is characterized as and classified as legally.

First and foremost, it is important to recognize that there are no legal protections for child pornography as expression of a First Amendment Right, but rather is considered contraband under federal law. Section 2256 of Title 18 in the United States Code defines child pornography as any visual depiction of any sexually explicit conduct involving a minor.

This depiction includes any photograph, image, or video taken, manufactured digitally, or modified to include the likeness in appearance of an identifiable minor. Any undeveloped film or electronically stored data that can be converted into an image or video are also deemed child pornography under federal law.

As such, federal law considers possession and transmission of child pornography as the production, distribution, importation, reception, or possession of any of the content previously mentioned.

The state of Arizona maintains concurrent jurisdiction of all child pornography cases alleged to have been committed in Arizona. Arizona entitles the crime, “sexual exploitation of a minor.” The penalties are severe: mandatory prison sentences of a minimum-10/presumptive-17/ and maximum-24 “flat” years in prison for each image. Each count MUST run consecutively. We understand that the sentence seems so severe. County attorneys will charge a person with 10-12 counts, ensuring that a loss at trial will result in a mandatory sentence of 100-120 years. Plea offers often begin at 17 years. Sometimes it seems as if one Arizona county tries to compete with the other counties to see who can be more stringent.

What Steps to Take Following Child Pornography Accusations

Accidental access to child pornography is rare, but not impossible. If you believe you have been wrongly accused, the first step is to remain calm. The most important step to follow, however, is to find a sex crime attorney immediately. If the authorities have been contacted, it is important to remain silent until your attorney is present or has given you the advice that is best suited to help your case and situation. It is important to hire an experienced attorney well versed and specializing in sex crime, as they we what will be the best route to take given your unique circumstances.

Call the Right Attorneys for Criminal Defense

Possession of child pornography is a serious offense, and is heavily fined and punished if convicted. If you have been wrongfully accused of possessing or transmitting child pornography, it is critically important to get hold of the right legal team right away. Accusations and convictions regarding sexual offenses can and do often dramatically change one’s life and future, so having the right help and advice will go a long way.

With vast criminal defense experience, our [Phoenix criminal attorneys](https://azblumberglaw.com/phoenix-criminal-attorney/) at Blumberg & Associates understand how stressful these accusations can be. We are here to help you restore your title or get the best defense possible. To schedule a free consultation with us, please do not hesitate in contacting our team of attorneys at (602) 277-6180 today.

Resources:

justice.gov/criminal-ceos/child-pornography

justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography#:~:text=Images%20of%20child%20pornography%20are,under%2018%20years%20of%20age).


Accused of Possession of Child Pornography? Fighting the Charges


Being arrested and charged for assault with a deadly weapon or dangerous instrument is a very serious matter in Arizona. A conviction can result in significant penalties, which can include a mandatory severe prison sentence, hefty fines, and lifelong consequences once you are released. It’s imperative that you contact an experienced [Phoenix criminal attorney](https://azblumberglaw.com/phoenix-criminal-attorney/) right away if you are facing deadly weapons charges in Arizona.

Here’s what you need to know about how Arizona law classifies deadly weapons to help you better understand the charges you are facing.

### **What are Deadly Weapons and Dangerous Instruments?**

Most people know handguns, assault rifles, knives, etc. can be declared a deadly weapon. However, those are not the only ones. The law defines a deadly weapon as anything that is designed to be lethal or could be capable of causing someone’s death. Other examples include machetes, explosives, brass knuckles, etc.

Arizona also has a definition of dangerous instruments, which can also be considered deadly weapons. A dangerous instrument could be anything that causes death to someone or serious injury in certain situations. What this means is that ordinary objects can be declared as dangerous instruments in some circumstances.

Dangerous instruments are not necessarily designed to be deadly, but they can be capable of causing someone’s death. Some examples can include a baseball bat, heavy rocks or bricks, a hockey stick, screwdriver, razor blade or box cutter, etc.

Many people do not realize that even a vehicle can be deemed a deadly weapon when you are involved in an accident while driving under the influence of drugs or alcohol that results in a physical injury or fatality.

### **What is Assault with a Deadly Weapon in Arizona?**

Assault with a deadly weapon is when you use a dangerous instrument or weapon to intentionally knowingly and often, recklessly cause injury to another person. It could also be when you knowingly place someone else in reasonable apprehension of impending physical injuries.

### **Defenses to Deadly Weapons Charges**

If you are charged with a crime involving deadly weapons, all hope is not lost. There may be one or more defenses available to you, which is why it’s imperative you contact a Phoenix criminal defense attorney right away.

There are two main categories of defenses in Arizona. The first involves justification defenses while the other is based on statutory and procedural laws. Examples of justification defenses include:

- Duress

- Self-defense or justification

- Defense of a third party

- Protection of property or home due to possible harm or threat

- In response to use of deadly force against you

Other defenses related to procedural law include:

- Violation of due process

- Error with rules of evidence

- Violation of fourth or fifth amendment rights

- Insufficient evident

- Prejudicial testimony

These are just a few of the potential defenses that may be available in your case. Your attorney will go over your case strategy and let you know what specific defenses they plan to raise on your behalf.\*\* \*\*

### **Contact an Arizona Criminal Lawyer Today**

If you need assistance with a deadly weapons charge in Arizona, let our experienced Phoenix criminal defense team help. Contact Blumberg & Associates today to schedule an initial consultation.

<https://azblumberglaw.com/what-to-do-if-you-think-youre-being-investigated-for-a-crime-in-phoenix/>


What is Considered a Deadly Weapon or Dangerous Instrument in Arizona?

Read about recent Arizona court rulings, and learns ways to protects yourself from the law.

Arizona Legal Insights Blog