Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1004, "Facilitation" occurs when a person, acting with the "knowledge" that another person is committing or intends to commit a crime, knowingly provides that person with the means or opportunity for the commission of the offense. This is going to include loaning somebody a car so they can go rob a bank; loaning somebody a weapon so they can rob somebody else; helping somebody avoid the police or helping them to "hide-out"; etc. Facilitation can often look like Conspiracy, but it involves less planning. It is usually "Facilitation After the Fact", in other words, providing help to somebody after they have committed a crime, and without an intent to actually benefit.
If a class one (1) felony (i.e., Murder) has been committed, and somebody Facilitates that crime, then they are guilty of a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
If a class two (2) or class three (3) felony was committed by the perpetrator, yet it was Facilitated by the Defendant, then the Defendant can be charged with a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
If the perpetrator committed a class four (4) or class five (5) felony, then the person Facilitating that crime can be charged with a class one (1) misdemeanor. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
If the perpetrator committed a class six (6) felony or any misdemeanor, then the person Facilitating that crime can be charged with a class three (3) misdemeanor. A class three (3) misdemeanor carries a range of punishment of probation with up to thirty (30) days in jail. In addition, a fine of up to $500.00 plus an 80% surcharge can be imposed.
A key defense to Facilitation is "Lack of Knowledge". This can occur when a friend comes to your house and says "I need to stay here for a few days", and you agree to put them up. If you did not have knowledge that they were hiding from the police because they have committed a crime, then you are not "facilitating" their avoidance of capture. Another defense includes "Duress". This can occur when the Defendant is confronted by the Co-Defendant who states "loan me your car . . . or else". Although you may know you are loaning a car in order to help him avoid police, you are doing so under "Duress".
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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