Facts of the Case

This case revolved around a 2011 incident in which the defendant and her husband mistreated a ten-year old girl that was living with them at the time. According to the opinion, the couple subjected the girl to cruel punishment by making her remain in a backbend position for at least one hour after she took a popsicle without permission. They then locked the girl inside a storage box in a room without any air conditioning, where she eventually died.

The defendant was convicted of many offenses, including first-degree murder, intentional child abuse, and negligent child abuse. She appealed the lower court’s sentencing decision on the negligent child abuse offense.

more The Decision

During trial, the jury found that the defendant had committed negligent child abuse when she forced the child to do backbends for hours. The behavior rose to the level of child abuse, given that it did not make sense for the couple to punish a ten-year-old girl in such a severe and specific way. On appeal, the defendant asked that the court review her sentence for this offense, to ensure the court had reached its decision fairly.

The court of appeals noted that in a lower court’s proceeding, the defendant had successfully argued that her sentence for negligent child abuse was inappropriate and that she should have been sentenced to 1.5 years for this offense, rather than 2 years. In the end, however, it did not matter, since the defendant was later sentenced much more harshly on the murder conviction. Because she would likely be in prison for life, the difference between the 1.5 and the 2 years did not constitute a grave error by the lower court.

With that, the defendant’s convictions and sentences were all affirmed.

Are You Facing Criminal Charges in Arizona?

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According to the court’s opinion, the defendant was driving a 14-year-old girl home from a party when he was involved in a car accident. Evidently, the defendant did not know the girl very well, and was unaware of her age. When police arrived on the scene, they found a bottle of pills inside the vehicle, and the defendant admitted that he had smoked marijuana earlier that day.

The defendant was arrested and charged under A.R.S. section 28-1383(A)(3), which makes it an aggravated DUI to operate a vehicle under the influence of drugs or alcohol while carrying a passenger less than 15 years of age. The defendant requested the trial court instruct the jury that he could not be found guilty unless the prosecution proved the defendant knew the girl was under 15 years of age. The court rejected the defendant’s request and the jury convicted the defendant of aggravated DUI. The defendant appealed.

On appeal, the defendant once again argued that knowledge of his underage passenger’s age was an element of an aggravated DUI charge under A.R.S. section 28-1383(A)(3). The court first noted that there was no mention of the culpable mental state required to find a defendant guilty of an aggravated DUI. The defendant argued that the court should read-in a knowledge requirement because strict liability crimes are generally disfavored.

The court agreed with the defendant that strict liability crimes are disfavored, noting that it is only when “there appears to be a clear legislative intent not to require any particular mental state for the commission of the crime.” For example, in order for a defendant to be found guilty of aggravated DUI under A.R.S. 28-1383(A)(1), the prosecution must show that he “knew or should have known his or her license was suspended, canceled, revoked or refused for a prior DUI offense.”

Here, however, the court noted that the legislature did not include a knowledge requirement in the statute. The court explained that its role is to interpret the laws as written and it will “assume that the legislature has said what it means.” Thus, the court held that by choosing not to include a knowledge requirement in section 28-1383(A)(3), the legislature indicated its intention to make the crime a strict-liability offense.

Have You Been Arrested for an Arizona DUI Offense?

If you have recently been arrested and charged with an Arizona aggravated DUI offense, Attorney James E. Novak can help. Attorney Novak is a dedicated Tempe DUI attorney with extensive experience handling Arizona DUI cases. At the Law Office of James Novak, we represent clients across Arizona who face first-time DUI offenses, as well as those who have multiple prior convictions for Arizona DUI-related offenses. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• The 4th Amendment to the U.S. Constitution
• A.R.S.section 28-1383

We know that many minors face legal matters that involve alcohol and fake identifications. With this in mind, we’d like to consider what happens when you are a minor and charged with using a fake ID.

Legal Penalties for Using Fake Identification

Legal penalties for using fake ID to purchase alcohol or enter a bar include the following:

• 
  Up to six months of jail time
• 
  Fine of up to $2,500
• 
  Suspension of diver’s license
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  Restriction from applying for a driver’s license for six months

In addition to the above, additional penalties may be applied, resulting in even harsher punishment than already specified. The exact circumstances of your case will determine the additional fines and penalties applied to the above.

We covered the consequences and legal penalties of using fake IDs to purchase alcohol in more detail in a previous post on this blog. We encourage you to read that post for additional information about the legal penalties that are associated with these charges.

What can I do if I have been charged with using a fake ID?

Given that we’ve written about the legal penalties already, we want to consider the next important issue regarding these charges. Let’s shift our focus to how a legal defense strategy would work if you or your child has been accused of this crime.

Looking at the Circumstances of the Arrest

If a minor is pulled over by law enforcement, it’s important to consider the legality and the Constitutionality of the action. The most important question to consider is if the arresting officer had a good reason to pull you over. If you were abiding by all traffic laws and your vehicle was functioning properly (e.g., all lights and blinkers working properly, proper plates and tags on vehicle), you may have been pulled over without reason and had your rights violated.

If a fake ID was discovered by the proprietor/employee of a liquor store, bar, or club, the nature of the incident must be carefully considered. They are clearly not subject to the same scrutiny as an officer of the peace, and yet there may be questionable actions on their part that can help us craft a strong legal defense.

In essence, we always want to make sure that nothing transpired leading up to the arrest that may be considered illegal, unethical, or out of the ordinary. Odd circumstances may be brought up to help reduce penalties or argue that certain charges ought to be dropped.

Presenting Evidence That Speaks to Fairness

Our goal is to make sure the system works, which means that we will always delivery a robust defense no matter what penalties you face. We will work to reduce punishments and advise clients on what they can do following their case to address their needs going forward. Just know that our lawyers will be here for you, and that is a promise that you can count on.

Speak with Our DUI Criminal Defense Attorneys

If you have been accused of using a fake ID to purchase alcohol or your have a son or daughter who has been accused of this crime, be sure to contact our DUI criminal defense attorneys today. We at the Law Office of James Novak will make sure that your have a strong defense in place and that you receive a fair shake from the law. We want to make sure our system works for everyone.