1. MayesTelles PLLC
Focus Area: Criminal defense, DUI, immigration, and personal injury
Practice Areas: Drug crimes, sex crimes, DUI charges, violent crimes, domestic violence, white collar crimes, federal crimes
Background: The firm boasts over 200 years of combined experience across its attorneys. Many of the criminal defense attorneys are former major crimes felony prosecutors and law enforcement officers. The firm has received Martindale-Hubbell Peer Review Ratings and has been recognized by Ranking Arizona five years in a row. Attorneys are familiar with the courts, judges, and opposing counsel throughout the Phoenix area.
Location: Phoenix, Arizona (Greater Phoenix Metropolitan Area)
Contact: (602) 428-7104 (available 24/7) | https://www.mayestelles.com/
Consultation: Free initial consultation with flexible payment options
2. Law Offices of David A. Black
Focus Area: Criminal defense with emphasis on DUI, drug crimes, and domestic violence
Practice Areas: DUI defense, drug crimes, domestic violence, assault, aggravated assault, homicide, sex crimes, theft offenses
Background: David A. Black maintains a limited client list to ensure personal attention for each case. The firm has received a 10 score on AVVO (the highest possible), the highest peer rating in Martindale-Hubbell, and an A+ grade with the Better Business Bureau. The firm emphasizes staying current with social media, national case law, and maintaining strong relationships with courts, prosecutors, and judges.
Location: Phoenix, Arizona
Contact: (480) 280-8028 | https://www.dbphoenixcriminallawyer.com/
Consultation: Free consultation available
3. AZ Defenders
Focus Area: Criminal defense, DUI, and traffic offense cases
Practice Areas: Domestic violence, sexual assault, drug offenses, vehicular crimes, felony charges, misdemeanor charges, violent crimes, aggravated assault
Background: AZ Defenders is the only firm in Arizona with multiple certified DUI Specialists and Criminal Law Specialists, a designation that fewer than 1% of lawyers in Arizona can claim. Attorneys Vicki Lopez and Rachelle Ferraro are board-certified criminal law specialists. The firm has extensive experience in Maricopa County Superior Court and serves clients throughout the greater Phoenix area.
Location: Phoenix, Arizona
Contact: (480) 456-6400 | https://www.az-defenders.com/
Consultation: Free consultation available 24/7
4. Jason D. Lamm, Attorney at Law
Focus Area: Felony and federal criminal defense
Practice Areas: Aggravated assault, domestic violence, drug trafficking, murder, sex crimes, federal crimes, white collar crimes, wire fraud, conspiracy, alien smuggling, money laundering
Background: Jason D. Lamm is a former prosecutor with over 25 years of criminal trial experience. He has handled cases in both Arizona state courts and federal court, earning respect from federal prosecutors, judges, and colleagues. He is a member of the legal committee of NORML and has experience with cases investigated by the DEA, FBI, and other federal agencies with extensive resources.
Location: Phoenix, Arizona
Contact: (602) 663-9100 | https://www.thephoenixcriminalattorney.com/
Consultation: Consultation available through online contact form or phone
5. The Gillespie Law Firm, P.C.
Focus Area: Criminal defense with certification in Arizona criminal law
Practice Areas: Drug crimes, DUI, sex crimes, violent crimes, weapons charges, conspiracy, possession of narcotics for sale, money laundering, production of marijuana, manufacture of dangerous drugs
Background: Founding attorney Craig Gillespie has earned the Martindale-Hubbell AV rating (the highest possible). He is an Arizona criminal law specialist certified under the Arizona Board of Legal Specialization standards. The firm is listed in the Criminal Trial Section of the Bar Register of Preeminent Lawyers. Before opening his firm in 1999, Mr. Gillespie worked as a prosecutor in Arizona for approximately five years, giving him insight into identifying weak points in the state’s case.
Location: Phoenix, Arizona (serves all Arizona counties including Maricopa, Pinal, Coconino, Yavapai, Mohave, and Pima)
Contact: (602) 253-1010 | https://craiggillespie.com/
Consultation: Free consultation with honest case evaluation
Criminal Defense Laws in Arizona
Felony Classifications
Arizona classifies felonies into six categories based on severity:
Class 1 Felony: The most serious classification, reserved for first-degree murder and second-degree murder. Penalties include life imprisonment or the death penalty for first-degree murder with aggravating factors.
Class 2 Felony: Includes crimes such as manslaughter, sexual assault, and armed robbery. Penalties range from 3 to 12.5 years for a first offense, with aggravated sentencing up to 23 years.
Class 3 Felony: Includes aggravated assault causing serious injury, burglary in the second degree, and certain drug offenses. Penalties range from 2 to 8.75 years for a first offense.
Class 4 Felony: Includes theft of property valued between $4,000 and $25,000, forgery, and identity theft. Penalties range from 1 to 3.75 years for a first offense.
Class 5 Felony: Includes credit card fraud, criminal damage over $10,000, and stalking. Penalties range from 6 months to 2.5 years for a first offense.
Class 6 Felony: The least serious felony classification (sometimes called a “wobbler” that can be charged as a misdemeanor). Includes possession of drug paraphernalia and theft between $1,000 and $2,000. Penalties range from 4 months to 2 years for a first offense.
Misdemeanor Classifications
Class 1 Misdemeanor: The most serious misdemeanor, including DUI, assault, and disorderly conduct. Maximum penalty of 6 months in jail and $2,500 fine.
Class 2 Misdemeanor: Includes reckless driving and criminal speeding. Maximum penalty of 4 months in jail and $750 fine.
Class 3 Misdemeanor: The least serious misdemeanor, including loitering and assault with no injury. Maximum penalty of 30 days in jail and $500 fine.
Record Clearing Options in Arizona
Arizona offers three primary methods for clearing criminal records:
Set Aside (ARS 13-905): Arizona’s primary method for addressing past convictions. A set aside does not erase the conviction from your record but marks that the court has dismissed the charges and released you from all penalties and disabilities. The conviction remains visible with a notation that it was set aside. Available for most misdemeanors (no waiting period) and felonies (2-year waiting period after completing sentence). Not available for dangerous offenses, sexual offenses involving minors, or offenses requiring sex offender registration.
Record Sealing (ARS 13-911, effective January 1, 2023): Arizona began accepting petitions to seal criminal records, hiding them from most public view while still accessible to law enforcement. Waiting periods depend on offense severity: 10 years for Class 2 and 3 felonies, 5 years for Class 4, 5, and 6 felonies, 3 years for Class 1 misdemeanors, and 2 years for Class 2 and 3 misdemeanors. Not available for violent felonies, sexual offenses, or crimes involving deadly weapons.
Expungement (Limited to Marijuana Offenses under Proposition 207): True expungement in Arizona is only available for certain marijuana-related offenses under Proposition 207. Eligible offenses include possession of 2.5 ounces or less of marijuana, cultivation of six or fewer plants at a private residence, and possession of marijuana paraphernalia. Expungement completely removes the record as if it never existed.
Certificate of Second Chance: When a court grants a set aside, it may also issue a Certificate of Second Chance, which can help individuals obtain occupational licenses that would otherwise be denied due to a criminal record.
Bail and Pretrial Release
Arizona uses a risk-based pretrial release system. Judges consider the nature of the offense, the defendant’s criminal history, ties to the community, and risk of flight or danger to the community. Cash bail amounts vary by offense, and defendants may be released on their own recognizance for less serious offenses.
Frequently Asked Questions
What makes Arizona’s criminal law specialist certification significant when choosing a defense attorney?
Fewer than 1% of Arizona attorneys hold certification as Criminal Law Specialists through the Arizona Board of Legal Specialization. This certification requires attorneys to demonstrate substantial experience in criminal law, pass a rigorous examination, and receive peer evaluations confirming their expertise. When an attorney holds this certification, it indicates they have met objective standards of competency that go beyond basic licensure requirements.
How does Arizona’s “set aside” differ from expungement in other states?
A set aside in Arizona does not erase your conviction from public records. Instead, it adds a notation showing the judgment was set aside and charges dismissed. Anyone conducting a background check will still see the original conviction alongside the set aside notation. True expungement, which completely removes a record, is only available in Arizona for certain marijuana offenses under Proposition 207. This distinction matters for employment, housing, and professional licensing applications.
Can I seal a felony conviction in Maricopa County?
As of January 1, 2023, Arizona allows sealing of certain felony records under ARS 13-911. Class 4, 5, and 6 felonies may be sealed after a 5-year waiting period, while Class 2 and 3 felonies require a 10-year waiting period. However, violent felonies, sexual offenses, crimes involving deadly weapons, and offenses against children are not eligible for sealing. You must complete all terms of your sentence, including paying fines, fees, and restitution, before petitioning.
What should I do if I’m arrested in Phoenix and cannot afford bail?
Arizona law requires that bail be set at an amount the defendant can reasonably afford, and defendants have a right to a bail hearing. If you cannot afford bail, your attorney can request a bail reduction hearing or argue for release on your own recognizance. Maricopa County also has pretrial services that evaluate defendants for supervised release programs as alternatives to cash bail. For less serious offenses, many defendants are released with conditions rather than requiring cash payment.
How does Arizona handle DUI charges differently from other states?
Arizona is known for having some of the strictest DUI laws in the country. Even a first-offense DUI carries mandatory jail time (minimum 10 days, though 9 may be suspended), license suspension for at least 90 days, installation of an ignition interlock device, fines and fees often exceeding $1,500, and mandatory alcohol screening and education. Arizona also has “Extreme DUI” (BAC of 0.15% or higher) and “Super Extreme DUI” (BAC of 0.20% or higher) categories with enhanced penalties. A third DUI within 7 years becomes a Class 4 felony.