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Tucson Federal Criminal Defense Attorney

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Federal criminal statutes in Arizona are a broad set of laws dealing with an array of criminal conduct, including theft, bank fraud, murder, assault and battery, counterfeit, human trafficking, embezzlement, marijuana possession, child pornography, and more. The federal criminal code is a complex web of federal statutes that touch upon nearly every aspect of our personal and professional lives.  These intricate and often obscure laws often carry long prison sentences and stiff monetary sanctions.   Even relatively low-level cases may involve penalties in the form of fines and jail time, similar to what applies in the other states of the United States, yet distinct in many ways.

At Hernandez | Hamilton | Lamoureux, we focus our practice on federal criminal defense.  Our attorneys have unrivaled experience in litigating sophisticated federal appeals and legal motions that can get cases dismissed at the trial court level or set the stage for successful appeals in the future.

The sudden brush with criminal justice can be extremely daunting and can rattle even the calmest of minds, especially for first-timers. Thus, it is advised to seek the Tucson federal criminal defense attorney for legal recourse. Read on to know the federal criminal offenses and the respective federal crime penalties in the District of Arizona.

Federal Criminal Offenses In Arizona

The federal criminal offenses in Arizona are vastly similar to what is applicable in the rest of the states, but some rules are subtly unique to the region. These laws may range from minor offenses such as misdemeanors to a higher degree of felonies such as murder, Hobbs Act robbery, narcotics offenses, conspiracy, money laundering, bank fraud, securities fraud, and embezzlement. The penalties will vary, too, depending upon the charges leveled against you. However, citizens of Arizona are subject to a wide array of legal rights that protect them from being unfairly tried and punished. Such people are guaranteed the right to privacy, freedom of assembly, and freedom of speech.

This is apart from the variety of rights available to the people accused of federal criminal offenses, but whether or not these are being exercised effectively in the court of law depends upon the competence of your Tucson federal criminal defense attorney, who can protect your individual and constitutional rights and use the same to fight your case.  The skilled attorneys at Hernandez | Hamilton | Lamoureux are well-versed in updates in the law, stay up-to-date on new federal appellate decisions, and have tremendous experience handling complex legal matters in federal courts in Arizona and nationwide.  Our attorneys are able to craft creative and novel legal arguments and spot legal issues that other attorneys often miss.  These are the very types of arguments that can turn a losing case into a winning one.

To achieve this, the first thing that an effective federal criminal defense lawyer must do is educate the defendant on varying types of crimes, the penalties imposed against each, and your rights as citizens of the United States and the State of Arizona. This information can prove to be valuable before and after an arrest.

Misdemeanor In Arizona

Misdemeanor federal offenses are relatively rare and can range from petty offenses, including violations pertaining to irresponsible driving in certain areas of the state, to relatively serious crimes. The higher degree of misdemeanors could be composed of crimes related to DUI, domestic violence, and more occurring on federal lands, such as military installations, national parks, and Indian reservations.

Federal misdemeanors are often assimilated Arizona statutes incorporated into federal law under the Assimilative Crimes Act.  18 U.S.C. 13.  The Assimilative Crimes Act states that “state law applicable to conduct occurring on lands reserved or acquired by the federal government as provided in 18 U.S.C. 7(3). When the act or omission is not made punishable by an enactment of Congress.”  The penalties associated with such crimes are designed to mirror the penalties for misdemeanors under Arizona law.  For example, Arizona misdemeanors are divided into classes; Class 1, Class 2, Class 3. The punishments against each of these vary, as does the degree of the crime itself. The Class 1 offenses consist of DUI, assault, disorderly conduct, rash driving, shoplifting, and more. Class 2 misdemeanors are composed of reckless driving, verbal assault, and a few others, while Class 3 misdemeanors are associated with petty misconducts, including excessive speeding. The penalties for such misdemeanors in federal court would be akin to that which one could expect in a state court.

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In addition, there are dozens and dozens of federal specific misdemeanors.  Almost all federal misdemeanor offenses are handled by United States Magistrate Judges who are authorized to impose sentences up to one year of imprisonment.  Class A misdemeanors are subject to a maximum of 12 months in prison.  Class B misdemeanors are punishable by up to 6 months imprisonment.  Class C misdemeanors are punishable by up to 1 month imprisonment.  Such cases are generally prosecuted by Assistant United States Attorneys or Special Assistant United States Attorneys (SAUSAs).  SAUSAs are attorneys who work for the federal government but are usually temporarily detailed to the United States Attorney’s Office for the District of Arizona from elsewhere.  For misdemeanors that occur on the military bases, often a Judge Advocate General (JAG) will represent the government in the U.S. District Court for the District of Arizona as a SAUSA.  Federal misdemeanors are charged either by which are subject to fines, probation, and potential imprisonment up to 6 months in federal prison.

If you or a loved one are charged with a federal misdemeanor offense, you want an attorney with substantial federal experience, and who knows the differences between federal and state court practice.  Contact the experienced attorneys at Hernandez | Hamilton | Lamoureux for your free consultation to see what options might be available in your federal misdemeanor case.

Felonies In Arizona

Felonies in Arizona are enforced through a different set of laws, depending on a few factors, including the person who committed the offense and how it was committed. As soon as you’re charged with an offense, particularly a federal criminal offense in Arizona, it is highly recommended to contact a reputed federal criminal attorney to prepare your case and effectively represent you.

Federal felony offenses are unlike other offenses prosecuted in state courts.  Due to the seriousness of the offense, the procedure of getting the case solved is lengthy and intricate, giving you all the more reasons to seek legal help immediately. People accused of federal felonies are provided with some basic but fundamental constitutional rights, like any other citizen. Some of these rights are declared at the time of the arrest, which we call the Miranda rights. It empowers the defendant to remain silent and consult a federal criminal defense attorney of their choice. Even behind bars, the defendants enjoy certain rights, including the freedom to speak out and protection from prosecution attempts.

If you have been contacted by federal agents who are investigating criminal activity–such as the Federal Bureau of Investigation (FBI), the Secret Service (USSS), the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) just to name a few–you may be the target of a federal criminal investigation.

The first thing you should do when contacted by a special agent of the federal government is contact a federal criminal defense lawyer.  At Hernandez | Hamilton | Lamoureux, our aggressive and skilled federal criminal defense attorneys have the talent and experience you need to protect your rights and fight for your freedom.  If you or a loved one find themselves the target of a federal criminal investigation or have been charged with a federal crime, contact Hernandez | Hamilton | Lamoureux right away to get the help you need.

Federal Crime Penalties In Arizona

In Arizona federal courts, misdemeanor offenses are punishable by prison time for up to 12 months, probation, and substantial fines and fees. These are applied to the offenses which call into Class A. As we move down the classes from Class A to Class C, the punishment against each keeps on decreasing. For an infraction, which is also a type of federal criminal offense, there is a potential consequence of, at most, 5 days in prison. Federal law also imposes other sets of punishment for relatively minor conduct of a misdemeanor, including community service, suspension of license, home detention, counseling, treatment, etc.

Frequently Asked Questions

What is a federal defense attorney?

Federal defense attorneys represent defendants accused of federal crimes, ranging from white-collar crimes, such as embezzlement, narcotics trafficking, money laundering, alien smuggling for profit, internet crimes, corporate fraud, and such, to murder, theft, possession of illicit weapons. These lawyers are tasked to deal with an array of federal criminal proceedings, including arrest, criminal probe, investigation, plea negotiations, motion practice, complex litigation, trials, the sentencing of the client, post-conviction proceedings, and appeals. Federal criminal defense attorneys who are skilled and well-versed in federal law and practicing in federal courts are the accused’s best line of defense in the court of law and the best hope for dismissal of the charges and/or exoneration at trial and/or reversal on appeal.

When should I hire a criminal defense attorney?

In the ideal situation, a federal criminal defense attorney should be hired before an arrest. However, it might not be possible or practical to do so, especially when the charges leveled against you were unexpected. In this situation, it is advised to seek a lawyer as soon as you’re released after the arrest and before the first hearing of your case. As soon as you find yourself in a legal hitch, contact a Tucson federal criminal defense attorney and brief them on what you’re accused of in detail.

How much does a federal crime attorney cost?

The fee of a federal criminal defense attorney varies based on numerous factors, including the quality and experience of the lawyer, the crime you’re accused of, the complexity of the situation, whether they charge by the hour, and more. Most criminal defense attorneys charge a flat-fee on a case-by-case basis that is determined based on the specific factors presented in your individual case.  Contact the lawyers at Hernandez | Hamilton | Lamoureux, today to discuss your options.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart