1. Law Office of James E. Novak
Focus Area: Criminal defense with decades of experience in Gilbert courts and customized defense strategies
Practice Areas: DUI, drug crimes, assault, theft, domestic violence, sex crimes, juvenile crimes, felonies, misdemeanors
Background: Defending against any type of criminal accusation can be incredibly stressful; however, when you are charged in a place like Gilbert, Arizona, one of the “25 safest cities” in the United States, the stakes are even higher. Law enforcement, prosecutors and judges in Gilbert all take an incredibly aggressive approach when it comes to investigating, prosecuting and punishing what might be considered a “minor” crime in another city. If you’ve been arrested and charged with a crime in Gilbert, the Law Office of James E. Novak is here to help. Attorney James E. Novak is a veteran Gilbert criminal defense lawyer with decades of experience securing favorable results for his clients. Through negotiation or litigation, Attorney Novak knows what it takes to make sure your case ends in the result possible. Attorney Novak works with people, not cases. He cares deeply about his clients and their well-being, meticulously crafting customized defense strategies based on the facts and what’s most important to you.
Location: Serves Gilbert and Maricopa County, Arizona
Contact: (480) 413-1499 | https://www.novakazlaw.com/
Consultation: Free consultation available
2. Tobin Law Office
Focus Area: Criminal defense with former Gilbert prosecutor experience and local court familiarity
Practice Areas: DUI, drug crimes, assault, theft, domestic violence, traffic crimes, misdemeanors, felonies
Background: When up against criminal charges in Gilbert, Arizona, it’s advisable to contact a Gilbert, Arizona Defense Attorney who’s familiar with Gilbert Courts and Arizona law. Gilbert, Arizona Defense Attorney Timothy Tobin has practiced criminal law for several years providing clients with excellent and dedicated criminal defense in Gilbert, Arizona. As the former prosecutor of Gilbert’s Highland Justice Court, Mr. Tobin prosecuted Gilbert Police Department and Department of Public Safety cases. Mr. Tobin is experienced and familiar with Gilbert Police, Gilbert Judges, Gilbert Prosecutors, and Gilbert Courts. Located off the US 60 on Stapley Drive, Tobin Law Office is only four miles from Gilbert’s criminal courts. If you’ve been charged with a misdemeanor in Gilbert, AZ, your case will be heard in either the Gilbert Municipal Court or the Highland Justice Court. Transparent Flat Rates and Payment Plans: Mr. Tobin represents his clients at affordable flat rates so you know your total price up front. Personalized Service and Excellent Communication: Mr. Tobin handles all aspects of cases from start to finish.
Location: Serves Gilbert, Arizona (near US 60 on Stapley Drive)
Contact: Available through firm website | https://tobinlawoffice.com/
Consultation: Free and confidential consultation available
3. Law Offices of Trent R. Buckallew, PC
Focus Area: Criminal defense with 25 years experience and Board Certified Criminal Law Specialist status
Practice Areas: DUI, drug crimes, assault, domestic violence, sex crimes, juvenile crimes, felonies, misdemeanors
Background: The Firm handles all types of juvenile crimes, but the most common types of juvenile cases include drug possession, theft, vandalism, arson, assault, shoplifting, underage drinking, minor in consumption, gang related activity and sex crimes. Attorney Trent Buckallew has experience handling all types of criminal cases, both in juvenile courts and adult courts, ranging from simple misdemeanor offenses to more serious and complex felony violations. Mr. Buckallew has the skill and experience required to aggressively defend any criminal charge, in any court in the town of Gilbert as well as throughout the valley. He has a reputation for zealously representing each and every client in his pursuit to achieve the most favorable outcome possible in each case. Very few criminal defense attorneys are Board Certified in Arizona, in fact, only approximately 100 attorneys are certified criminal law specialists out of a total State Bar membership of more than 17,000 active members (with varying areas of practice). 25 years’ experience defending all types of criminal and DUI cases in Gilbert and throughout the valley.
Location: Serves Gilbert and Maricopa County, Arizona
Contact: (602) 825-3300 | https://www.crim-law.info/
Consultation: Free consultation available for pending criminal cases
4. Zachary Law Group
Focus Area: Criminal defense with 30+ years experience and National Trial Lawyers Top 100 recognition
Practice Areas: DUI, drug crimes, assault, theft, domestic violence, sex crimes, federal crimes, felonies, misdemeanors
Background: When you’re faced with criminal charges or an arrest, it’s only natural to feel scared and alone. If you’ve recently been charged with a crime, calm your fears and give yourself defense options by turning to the assistance of a criminal law attorney at Zachary Law Group. The criminal defense lawyers can handle all types of criminal law cases. Whether you’re facing a traffic infraction at the state level or have been arrested for a federal crime, they are prepared to litigate your case. During your legal proceedings, their attorneys will serve as your advocates and offer you ongoing support. They will fight so that you receive a fair trial, challenge any evidence that is illegally obtained, and make certain that your defense is presented as strongly as possible. Steven Zachary has over 30 years of legal experience serving the community and is considered among the National Trial Lawyers Top 100 Lawyers. The National Association of Criminal Defense Lawyers (NACDL) helps criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct.
Location: 3707 E. Southern Ave. #2031, Mesa, AZ 85206 (serves Gilbert, Mesa, Chandler, Queen Creek)
Contact: (480) 389-3533 | https://zacharylawgroup.com/
Consultation: Available for consultation
5. Millar Law, P.L.L.C.
Focus Area: Criminal defense founded by former prosecutor with focus on protecting client rights
Practice Areas: DUI, reckless driving, domestic violence, assault, drug crimes, misdemeanors, felonies
Background: Former Prosecutor Christopher Millar founded Millar Law after experiencing the criminal justice system from both ends of the table, prosecution and defense. Attorney Christopher wanted to create a Law Firm that fights alongside clients, not against them. Through his experience, Christopher witnessed disgruntled clients, defense attorneys representing their own interests, and overall a subpar Criminal Justice System in Arizona. At Millar Law, P.L.L.C., they strive to change that reputation and put clients back on top. Police or other government agencies are responsible for conducting criminal investigations. It is crucial to know your rights and how to invoke them properly. Police may deceive you, attempt to befriend you, or use other tactics to gather evidence against you. Reckless driving is a serious criminal offense in Arizona. A conviction will automatically suspend your license, may require Traffic Survival School, and is a class 2 misdemeanor. This offense is commonly charged in Gilbert, Phoenix, Tempe, Mesa, and Scottsdale. Arizona criminal law offers three main legal remedies for clearing or limiting access to your criminal record: record sealing, expungement, and set aside.
Location: Serves Gilbert and Maricopa County, Arizona
Contact: (602) 900-0545 | https://www.chrismillarlaw.com/
Consultation: Free case review available
Criminal Defense Laws in Arizona
Felony Classifications
Arizona classifies felonies into six classes:
Class 1 Felony: First-degree murder. Penalty is death or life imprisonment.
Class 2 Felony: Includes second-degree murder, sexual assault, armed robbery. Penalty ranges from 3 to 12.5 years (first offense).
Class 3 Felony: Includes aggravated assault causing serious injury, burglary in the second degree. Penalty ranges from 2 to 8.75 years (first offense).
Class 4 Felony: Includes theft of property valued between $4,000-$25,000, forgery. Penalty ranges from 1 to 3.75 years (first offense).
Class 5 Felony: Includes criminal damage, stalking. Penalty ranges from 0.5 to 2.5 years (first offense).
Class 6 Felony: Includes possession of drug paraphernalia, theft of property valued $1,000-$2,000. Penalty ranges from 0.33 to 2 years (first offense). Can be designated as a misdemeanor.
Misdemeanor Classifications
Class 1 Misdemeanor: Includes DUI (first offense), assault, shoplifting under $1,000. Maximum 6 months jail and $2,500 fine.
Class 2 Misdemeanor: Includes reckless driving, criminal speeding. Maximum 4 months jail and $750 fine.
Class 3 Misdemeanor: Includes assault (minor injury), loitering. Maximum 30 days jail and $500 fine.
Set Aside (Expungement Alternative)
Arizona does not have traditional expungement. Instead, defendants can petition to “set aside” a conviction under A.R.S. 13-905 after completing their sentence, probation, and paying all fines and restitution. A set aside does not erase the conviction but notes that the conviction has been set aside. Restoration of civil rights is a separate process.
DUI Laws
Arizona DUI applies to driving with BAC of .08% or higher (.04% commercial, .00% under 21). First offense (Regular DUI) carries minimum 10 days jail (9 suspended with screening), $1,250+ fines, 90-day license suspension, ignition interlock device, and alcohol screening. Extreme DUI (.15%+ BAC) carries minimum 30 days jail. Super Extreme DUI (.20%+ BAC) carries minimum 45 days jail.
Frequently Asked Questions
What courts handle criminal cases in Gilbert?
Criminal cases in Gilbert are heard in different courts depending on severity. If you’ve been charged with a misdemeanor in Gilbert, AZ, your case will be heard in either the Gilbert Municipal Court or the Highland Justice Court. The Gilbert Municipal Court handles city ordinance violations and some misdemeanors. Felony cases are heard in the Maricopa County Superior Court. Gilbert is one of the “25 safest cities” in the United States, which means law enforcement, prosecutors and judges take an aggressive approach to investigating and prosecuting crimes. Having a Gilbert criminal defense attorney familiar with local courts provides an advantage.
What is the difference between a felony and misdemeanor in Arizona?
In Arizona, felonies are serious crimes punishable by state prison sentences, while misdemeanors are less serious offenses punishable by county jail time. Arizona has six classes of felonies (Class 1 most serious to Class 6 least serious) and three classes of misdemeanors (Class 1 most serious to Class 3 least serious). A felony conviction results in the permanent loss of your right to vote and bear arms. A felony will remain on your permanent record forever. Class 6 felonies are sometimes called “wobblers” because they can be designated as misdemeanors at the court’s discretion. A Gilbert criminal defense attorney can evaluate potential outcomes based on your specific charges.
What are the penalties for drug possession in Arizona?
Arizona has strict drug laws but offers diversion options for certain offenders. Possession of dangerous drugs (methamphetamine, cocaine, heroin) is a Class 4 felony with 1 to 3.75 years prison (first offense). However, Proposition 200 provides that first and second-time non-violent drug offenders may be eligible for probation and drug treatment instead of prison. Possession of marijuana over 2.5 oz remains criminal for adults (recreational marijuana under 2.5 oz is legal for adults 21+). Even if no drugs are possessed, someone can be charged with a Class 6 felony for possessing drug paraphernalia such as a pipe or needles. A Gilbert criminal defense attorney can evaluate eligibility for diversion programs.
What happens if I am charged with DUI in Gilbert?
A DUI charge in Gilbert carries serious consequences. Arizona has some of the strictest DUI penalties in the nation. First offense Regular DUI carries minimum 10 days jail (9 may be suspended with alcohol screening), $1,250+ in fines and fees, 90-day license suspension, ignition interlock device for 12 months, and mandatory alcohol screening/treatment. Extreme DUI (.15%+ BAC) carries minimum 30 days jail. Super Extreme DUI (.20%+ BAC) carries minimum 45 days jail. Arizona has an implied consent law with automatic license suspension for refusal. A Gilbert criminal defense attorney can challenge the traffic stop, field sobriety tests, and chemical test results.
Can I get my Arizona conviction set aside?
Arizona does not have traditional expungement. Instead, you can petition to “set aside” a conviction under A.R.S. 13-905 after completing your sentence, probation, and paying all fines and restitution. A set aside does not erase the conviction from your record but notes that the conviction has been set aside. This can help with employment and housing applications. Certain offenses are not eligible, including dangerous offenses, offenses involving minors, and offenses requiring sex offender registration. Restoration of civil rights (voting, firearm possession) is a separate process that requires a separate petition. A Gilbert criminal defense attorney can evaluate eligibility and file the petition.