by Zayed Al-SayyedCan You Stand Your Ground in AZ?
The laws surrounding self defense aren’t always as clear cut as Arizona residents would like. When is it appropriate to defend your house or your family? Could you go to jail for protecting yourself?
These are all questions that Arizona residents have. In this article, we’ll go over the self defense laws you need to know to abide by Arizona laws and safeguard yourself from any liability. As always, if you have any questions about your specific situation, reach out to one of our team members right away.
Understanding Arizona Self Defense Laws
Self defense laws in the United States protect individuals that use lethal force to safeguard themselves from imminent death or seriously bodily harm. Generally, these laws describe that taking a human life when not necessary is not justifiable and can result in legal implications. If you have the ability to retreat and end the confrontation, but you use lethal force, you aren’t protected under self defense laws.
However, Arizona imposes a slightly different version of the nation’s standard self defense laws. Arizona has stand your ground laws, which remove the requirement to retreat in situations that present imminent harm. As long as you are not engaged in an illegal act, you can use deadly force to protect yourself, your family, or your property.
Arizona laws also specify that deadly force can be used to prevent burglary of unoccupied residential structures.
How Can You Prove You Acted in Self Defense?
The determination of self defense can be difficult to claim, especially if one of the involved parties has passed away. There are a few different ways that you can prove you acted in self defense, including:
- Obtain footage of the incident, such as from a Ring camera or other public recording
- Find eyewitnesses
- Prove there was the threat of imminent death or bodily harm
- Utilize the police report
- Work with an experienced attorney
Each self defense case is unique. To bolster your self defense case, you need evidence showing you acted reasonably based on the circumstances. Tt’s always best you contact a qualified self defense attorney.
Finding the Right Self Defense Attorney in Arizona
Were you involved in a self defense incident? If so, it’s important that you take a proactive approach when dealing with Arizona self defense laws.
Working with the right self defense attorney can help you cover all of your bases, ensuring the court understands you acted under stand your ground laws. Our team at theZlawyer has successfully defended dozens of self defense cases. Reach out today to schedule your free consultation.
by Zayed Al-SayyedUnderstanding Aggravated DUI in Arizona
Did you recently receive a DUI in Arizona? DUIs can carry different levels of severity, from misdemeanors all the way up to a felony with jail time. Understanding what is considered an aggravated DUI in Arizona, the potential penalties, and how you can minimize any negative side effects is important.
What is Aggravated DUI in Arizona?
Aggravated DUI is a felony offense in the state of Arizona. This is a step up from a misdemeanor, which is what many first-time DUIs are classified as in Arizona. This type of offense occurs when a driver receives a general DUI with extenuating circumstances, such as having a suspended license or while a minor is in the vehicle.
Residents of Arizona can also receive an aggravated DUI if they have other recent DUI charges. There needs to be some type of extenuating circumstance that elevates the DUI charge to aggravated. Many DUI cases that involve bodily harm are considered aggravated DUIs.
What are the Side Effects of Aggravated DUI in Arizona?
Fortunately, the penalties for a Class 6 aggravated DUI can be similar to those of a regular DUI in Arizona. The primary differences are that your offense is classified as a felony on your record and there is a mandatory 12-month license suspension.
For more serious aggravated DUI cases, which are those classified as a Class 4 felony, the penalties increase. A Class 4 aggravated DUI can occur if the DUI is your third offense, you are arrested for your DUI while your license is suspended, if you were driving on the wrong way of the road, and if you don’t have the proper ignition interlock device installed on your vehicle.
The penalties for a Class 4 aggravated DUI are mandatory probation, around 4 months in prison, revocation of your driving privileges, and additional fines and penalties. Regardless of the classification of DUI, you might be required to serve up to two years in prison if you did not seriously harm another party.
If you have a professional license, such as through Arizona’s medical board, state bar or real estate board, your privileges may be revoked. Restitution, travel restrictions, and other penalties can also occur.
How Can You Minimize Your Aggravated DUI Penalties?
As soon as you are charged with aggravated DUI, it’s best to contact a qualified DUI attorney. A DUI attorney can work with you through every step of the process, from your initial hearing all the way to sentencing.
Contacting a DUI attorney is especially important if your DUI caused bodily harm or injury to another party. The mandatory prison sentence for cases i start at 2 ½ years and can quickly increase.
Minimizing your jail time, penalties, and fines relies on having a qualified attorney working on your behalf. You don’t want to go into the courtroom blind on your charges. This can result in receiving maximum sentencing and monetary penalties. Reach out to our team at theZlawyer right away if you are being charged with aggravated DUI.
by Zayed Al-SayyedHow Long Does a DUI Stay on Your Record in Arizona?
Your record is important, especially when it comes to applying for a new job or loan. Unfortunately, some charges on your record are permanent and nearly impossible to remove. One of these items can be a DUI in Arizona.
In this article, we’ll explore the different types of DUI charges, how long a DUI stays on your record, and if you can get a DUI removed.
What are the Different Types of DUIs?
There are four main types of Arizona DUIs: general, extreme, super extreme, and aggravated DUI. A general DUI is the lowest form of DUI which is generally classified as a Class 1 misdemeanor.
An extreme DUI is issued when your BAC level ranges between 0.15 and 0.19. Extreme D 
UIs are still considered a Class 1 misdemeanor, but the penalties are much more significant, with a mandatory jail sentence.
Super extreme DUIs in Arizona are also still a Class 1 misdemeanor and occur when your BAC exceeds 0.20. In addition to the extreme DUI penalties, you will incur additional fines, penalties, and jail time.
Aggravated DUIs are the most serious DUI charge, remaining a Class 4 or a Class 6 felony. Aggravated DUIs come with license suspension, mandatory alcohol evaluation treatment, probation, fines, and prison time.
How Long Does a DUI Stay on Your Record in Arizona?
Unfortunately, DUIs remain on your record indefinitely, regardless of if you incur a misdemeanor or felony DUI charge. DUIs in Arizona are considered criminal convictions, which never leave your record.
However, if you are charged with a misdemeanor DUI, you will not be required to check the “felony” box when employers and other third parties run background checks. Nevertheless, even misdemeanor DUI charges will show up on the background check.
Can You Get a DUI Removed from Your Arizona Record?
The good news is that some DUI charges can be expunged from your record. An expungement involves setting aside a conviction and sealing it in Arizona. There are some limitations on who can have their DUI record expunged.
First, only juveniles under the age of 18 have the ability to get a DUI charge expunged. In addition, you must be able to prove responsibility since the DUI conviction to be eligible for expungement.
Existing fees, fines, probation, and jail sentencing do need to still be completed before expungement. To bolster your chances of receiving expungement, you should avoid any other criminal convictions.
Summary
Working with the right defense attorney can help you receive the most favorable outcome for your DUI, especially if you are under the age of 18. Reach out to one of our team members at the Zlawyer today to see how we can help.
by Zayed Al-SayyedPedestrian Laws in Arizona
Whether you are exploring the downtown area or going for a hike in a rural area, Arizona creates the perfect landscape to travel on foot. However, just like drivers have a set of laws they need to abide by on roadways, pedestrians do too.
Unfortunately, pedestrian accidents do happen. This makes it important to understand the pedestrian right of way laws in Arizona and ways to prove driver responsibility.
You may be able to receive compensation for your injuries, which is why it’s best to work with an experienced Arizona pedestrian lawyer, like the team at the Zlawyer.
Understanding Right of Way Laws in Arizona
Pedestrian right of way laws look to ensure the safety of both pedestrians and drivers. The first right of way law you should be familiar with is jaywalking. Although jaywalking isn’t specifically defined in Arizona regulations, Statute 28-793 does outline road crossing parameters.
Specifically, this statute describes that pedestrians may cross the street responsibly when no crosswalk is present. If there is a clear crosswalk, pedestrians must use it. Pedestrians must also wait until the roadway is clear to walk. An accident caused by a pedestrian walking into oncoming traffic is often the fault of the pedestrian in Arizona courts.
Each jurisdiction may impose slightly different jaywalking laws, making it important to understand the legislation you are subject to. Another right of way law deals with sidewalks. Pedestrians are not permitted to walk on the roadway when there is a sidewalk present. If there is no sidewalk, pedestrians must walk against traffic to ensure visibility by drivers.
Pedestrians don’t always have the right of way when crossing the road. The pedestrian must give the driver time to see and react to the pedestrian before they begin crossing. If ample time was not given, the pedestrian could be at fault for roadway accidents.
Ways to Prove Liability in Arizona Pedestrian Accidents
Proving liability in Arizona pedestrian accidents can become complex, especially with subjective evidence. To bolster your pedestrian case, look for the following sources of evidence:
- Video surveillance of the incident
- Photos and videos from the scene
- Eyewitness testimonials
- Accident reconstruction
- Statements from involved parties
- Vehicle dashcam footage
- Police reports
The more evidence you can gather, the stronger your case will be. In addition, filing a lawsuit shortly after the accident helps ensure that all relevant information is gathered. It’s much easier to recall what happened last month compared to over a year ago. Not to mention that Arizona has a statute of limitations on pedestrian accidents, which is generally two years from the incident.
How to Choose the Right Attorney
Working with the right attorney can help you navigate the complexities of Arizona pedestrian laws. If you’ve been injured in a pedestrian accident involving a negligent driver, contact one of our team members right away.
We can work alongside you from start to finish, maximizing your compensation and helping you prove driver liability. Reach out to the Zlawyer today to learn more.
by Zayed Al-SayyedWhat Happens If I’m at Fault in a Car Accident?
Were you the cause of a car accident? If so, it’s important you understand the implications of being found at fault in Arizona. There are numerous factors that go into determining fault status, including your driving record, the location of the accident, and if anyone was injured.
This blog will outline how Arizona handles fault, what it means if you are found at fault, and the potential consequences.
Is Arizona a Fault-Based State?
Laws surrounding personal injury lawsuits differ between fault and no-fault states. In fault states, the insurer of the person who is liable is responsible for paying damages. On the contrary, in no-fault states, both parties’ insurers can be held responsible for injuries and damages.
Arizona is a fault state, meaning you or your insurance company is responsible for paying out damages if you are found at fault. Bystanders, passengers, animals, and cyclists can all hold you responsible for damages in Arizona.
What Does Being at Fault Mean?
Being at fault means your actions directly contributed to the accident. This could be running a red light, texting while driving, trailing a vehicle too closely, or driving too fast. Even if you played a major role in the car accident, you might not be found 100% at fault. Arizona has a comparative negligence system, assigning a negligence percentage for each party’s involvement.
You will only be held responsible for the amount you contributed to the accident. Let’s say that you rear-ended someone, but their brake lights didn’t work. You aren’t on the hook for the entire liability since both parties contributed to the accident.
What are the Consequences of Being at Fault?
There are additional consequences for being found at fault outside of monetary fines. First, you might lose your license. If a judge found that you were acting carelessly, they could revoke your license. This doesn’t mean you lose your driving rights altogether, but they can be restricted.
Insurance is another consequence of being found at fault. Your insurance carrier might impose higher premiums or drop your coverage altogether. Your driving history is one of the main factors that go into your rate calculation.
The state of Arizona also enforces stiff fines and penalties for at fault drivers. Some car accidents can be classified as felonies, such as driving under the influence and causing bodily harm. Failing to yield, following too closely, and speeding are all punishable offenses with fines and penalties.
Finding a Qualified Arizona Attorney
The good news is that working with a qualified Arizona attorney can help you minimize the consequences associated with being found at fault. The best time to contact an attorney is right after the accident occurred, regardless of if you are at fault or not.
Having someone advocate on your behalf can result in reduced fines, fair comparative negligence percentages, and timely correspondence with regulatory officials.
Our team at The Law Office of Zayed Al-Sayyed is here for you. Contact our team to schedule a consultation today.
by Zayed Al-SayyedHow Long After Injury Can You Sue In Arizona?
Were you recently injured? If so, did you know that you have a limited timeframe to sue in Arizona? Whether you were hurt in a car crash, slip and fall incident, or freak accident, you should understand the legal implications of bringing a lawsuit forward.
Knowing how long after an injury you can sue and the benefits of contacting an attorney right are two key components of bringing a successful lawsuit against an at-fault party.
How Long After Injury Can You Sue in Arizona?
Arizona state’s statute of limitations gives inj ured parties two years to file a lawsuit after an injury. After the two-year period has lapsed, you lose your ability to bring a lawsuit against the at-fault party.
Arizona is very strict with enforcing this statute of limitation, making it difficult to bypass once the timeframe has expired. Both lawsuits and insurance claims should be filed well before the two-year deadline to avoid immediate dismissal.
Why is it Important to Contact an Attorney Right After You’re Injured?
Just because you can wait up until the two-year deadline to bring a claim forward doesn’t mean you should. In fact, you don’t want to risk dismissal by being anywhere near the expiration date. This is why it’s important to contact an attorney right after you’re injured.
Not only can you ensure you have enough time to bring a well-rounded case against the at-fault party, but you can also make sure everything is properly documented because the incident was recent. It’s much more difficult to piece together the circumstances of an accident that happened a year and a half ago compared to something that occurred just last week.
Moreover, contacting an attorney immediately yields countless other benefits. One of these advantages is not having to deal with the at-fault party’s lawyers and insurance agency. Your attorney will handle all communication between the at-fault party, giving you time to rest from your accident.
Additionally, delaying legal actions can result in missed opportunities, such as contaminated evidence, missing witnesses, and saying items you shouldn’t. You want to cross all your T’s and dot all your I’s when it comes to suing after an injury. After all, you may be depending on money from the at-fault party to cover medical bills and other fees.
How to Choose the Right Attorney
Working with the right attorney can make all the difference. When it comes to deciding on an attorney, you want to choose a professional that has your best interests in mind. Your prospective attorney should be willing to handle all correspondence with the at-fault party, negotiate settlements on your behalf, and make sure all your bases are covered.
The worst-case scenario is hiring an attorney that drops the ball when it comes to gathering information or reaching a settlement agreement. At The Z Lawyer, we have you covered. Our team works diligently to ensure your injury lawsuit is being handled correctly and with your best interests in mind. Reach out today to set up a consultation with our award-winning legal team.
by Zayed Al-SayyedWhat Is Aggravated DUI in Arizona?
In Arizona, there are many different kinds of DUIs. However, an aggravated DUI is a felony-level charge given to someone driving under the influence of alcohol or drugs. If you’re interested in learning more, today’s blog post is revealing what is aggravated DUI in Arizona, as well as the most common penalties.
What is Aggravated DUI in Arizona?
So, what is aggravated DUI in Arizona? Well, as we mentioned, this felony-level charge is given to those driving under the influence. Essentially, a regular DUI becomes aggravated under any of the following circumstances:
- A child under 15 years old is in the car
- Driving on the wrong side of the highway
- Driving on a suspended or revoked license
- The defendant has received 2+ DUIs in the last 7 years
- The defendant should be driving with an ignition interlock device
If you are charged with an aggravated DUI for any other reason (see above), it’s considered a class 4 felony in Arizona. That comes with the following punishments:
- At least $4,000 in fines
- A traffic survival school course
- A minimum of 4 months in prison
- At least 1-year driver suspension
- Alcohol or other drug screening, education, or treatment
- At least 2 years of an ignition interlock device (IID) – if the DUI charge only involved drugs, this duration might be lessened to 1 year
Criminal Defense Attorney for DUI in Arizona
If you were previously wondering ‘what is aggravated DUI in Arizona,’ we hope today’s blog post cleared the air. And if you or a loved one has been convicted of a DUI, the qualified criminal defense attorneys at The Law Office of Zayed Al-Sayyed are here for you.
Our legal team understands that mistakes happen and justice should be fair. That’s why we treat our clients with respect and compassion while aggressively defending their rights and freedoms. If you want a criminal defense attorney who will work with you to build a defense that protects your future, we’re the ones to call.
Contact our team to schedule a consultation today.
by Zayed Al-SayyedDUI Involving an Accident – Arizona
In Arizona, 4.63% of all car crashes (aka 5,620) are alcohol-related. And of those crashes, 215 were fatal. While first-time DUI offenses in Arizona are generally considered class 1 misdemeanors, offenders might be charged with a felony if someone is killed or injured.
When receiving a DUI involving an accident – Arizona, charges are determined based on the specific circumstances. Keep reading to learn what those are and how they affect you.
Potential Charges for a DUI Involving an Accident – Arizona
Facing a DUI involving an accident – Arizona? If that’s the case, there are a variety of potential charges that include:
- Manslaughter
- Endangerment
- Aggravated Assault
- Second-Degree Murder
The law regards a vehicle is seen as readily capable of causing serious damage and personal injury. When someone is charged with a dangerous felony offense, they are sentenced to time in prison without probation.
Can You Be Charged with Endangerment If No One Was Injured?
In short, the answer is yes. In Arizona, a person can be charged with endangerment if they recklessly endanger another person with a substantial risk of either a) imminent death or b) physical injury.
If someone is charged with endangerment due to a substantial risk of imminent death, it’s considered a class 6 felony. On the other hand, if someone is charged due to a substantial risk of physical injury, it’s considered a class 1 misdemeanor.
What Is the Punishment for Endangerment?
The punishment for endangerment varies depending on the specifics of the charge. For example, if the endangerment charge is considered a class 1 misdemeanor, the offender receives:
- Up to 180 days in jail
- A fine of up to $2,500
- Up to 3 years of probation
However, if the Endangerment charge is considered a class 6 felony, the punishment includes:
- A fine of up to $150,000
- Up to 3 years of probation
- A 1-year license revocation
- 4 months to 2 years in prison
And of course, the range of potential punishments increases for those with prior felony convictions.
What Happens When Someone Is Injured in a DUI Accident?
If someone is in a DUI Involving an Accident – Arizona and seriously injures another person, the offender will likely be charged with Aggravated Assault. Generally, this is considered a class 3 felony, where the punishment is a mandatory prison sentence ranging from 5 to 15 years — even for first-time offenders. Not only that, but your driver’s license gets revoked for 3 years.
Best DUI Attorney in Phoenix, Arizona
If you or a loved one has been in a DUI involving an accident – Arizona, the criminal defense attorneys at The Law Office of Zayed Al-Sayyed are here for you. Arizona has some of the harshest sentencing standards in the U.S. However, our legal team brings the level of experience, aggressiveness, and knowledge to defend your case to the best possible outcome.
Ready to get started? Contact our team for your free, no-obligation consultation today.
by Zayed Al-SayyedInjured by a Drunk Driver in Phoenix?
If you or a loved one was injured by a drunk driver in Phoenix, then you know how frightening, exhausting, and overwhelming the experience can be. While Arizona’s DUI laws have reduced the number of drunk driving accidents that occur, not everything is preventable. And when a DUI accident impacts your family, The Law Office of Zayed Al-Sayyed is here to help.
Our personal defense attorneys are revealing what to do when you’ve been injured by a drunk driver in Phoenix in today’s blog post. Keep reading to learn what your next steps should be.
What To Do When You’ve Been Injured by a Drunk Driver In Phoenix
If you or a loved one has been injured by a drunk driver in Phoenix, follow these steps:
Step One: Call the Police
When a drunk driving accident occurs, you need to get the police on the scene as soon as possible. A person’s blood alcohol content (BAC) starts to drop when they stop drinking. So, if you wait too long, the other driver’s BAC might fall below the legal limit by the time the police arrive.
Once the police arrive, let them know that you think the other driver is impaired. Then, follow their instructions as you wait for other emergency personnel to arrive.
Step Two: Record Evidence
If you suspect the other driver is drunk, you’re going to want to keep an eye on them. Make note of any abnormal behavior and document it – either by writing it down or taking a photograph. Emotions have a tendency to run high post-accident, and documenting important information guarantees an accurate account.
Just like any accident, take photos of the scene. Make sure to record any property damage and injuries. Additionally, obtain contact information for any witnesses of the accident.
Step Three: Contact a Personal Injury Attorney
If you have been injured by a drunk driver in Phoenix, working with a personal injury attorney ensures you receive the compensation you deserve. Here at The Law Office of Zayed Al-Sayyed, we are relentless in our efforts to remove the stressful burdens of medical expenses, rehabilitation costs, loss of career and related wages, and quality of life losses.
Step Four: Be Cautious of Insurance Companies
You must report all accidents to your insurance company. However, we strongly advise you to speak with a personal injury attorney first. Car insurance companies have many tactics they use to devalue accident claims, and if you don’t know what they are — or how to handle them — they might hurt your claim.
Best Personal Injury Attorneys in Phoenix, Arizona
If you have been injured by a drunk driver in Phoenix, the skilled personal injury attorneys at The Law Office of Zayed Al-Sayyed are here to help. Not only are we well-versed in Arizona traffic law, but we represent our clients diligently as we pursue the maximum allowable compensation for their injuries.
If you’re interested in learning more about what we can do for you, contact our team for a free consultation.
by Zayed Al-SayyedWhat Pain and Suffering Damages Can You Claim in Arizona?
Were you injured in Arizona? Despite the beautiful red mountains and endless outdoor activities, you may have a slightly different view of Arizona: one that brings traumatic pain and suffering.
Like most states, Arizona gives you the ability to seek damages for your pain and suffering under what’s called a noneconomic loss. Noneconomic losses are designed to compensate you for nonfinancial injuries, such as disability, anxiety, loss of care, discomfort, and pain.
Understanding the specifics surrounding pain and suffering damages can help you determine if this is the right route for your situation.
What are Common Pain and Suffering Damages?
Pain and suffering damages can take on many different forms, depending on how the pain and suffering was established. Keep in mind that pain and suffering don’t mean just physical pain, but emotional turmoil as well.
Physical pain and suffering damages could occur from an accident, slip and fall incident, defective product, or intentional injury.
The damages associated with a pain and suffering case can vary based on each party’s negligence. For example, let’s say someone’s tire fell off in the middle of the road and you hit it, causing you injury. Even though you were the one that hit the tire, you could file a pain and suffering lawsuit because someone else’s negligence caused your pain and suffering.
Even if an accident was mostly your fault, you could still receive damages based on Arizona’s pure comparative fault rule. However, if you intentionally caused or contributed to the pain and suffering, you are unable to file a lawsuit.
How Do You Claim Pain and Suffering Damages?
Most pain and suffering damage claims are subject to the statutes of limitations, which is two years after the injury occurred.
The good news is that there are no state imposed caps on pain and suffering damages. This is beneficial if the jury decides to award you a large amount. It’s important to note that workers’ compensation claim damages cannot be a part of pain and suffering damages.
Choosing the Right Lawyer
If you’ve experienced pain and suffering, it’s important that you reach out to a qualified attorney immediately. You want to be sure your claim is filed within Arizona’s statute of limitations. Not to mention that the right lawyer can help you maximize your settlement.
At The Z Lawyer, we have the knowledge and expertise you need in an attorney. We work with you to file claims quickly and accurately. Ready to get started? Reach out to a team member today to set up a consultation.
