The two (2) most often seen defenses to First Degree Murder are “Self-Defense” (i.e., Justification) and “Supervening Cause”. Self-Defense would involve the use of deadly force in order to protect oneself against a person who is threatening or using deadly force against them. In regards to a “Supervening Cause”, this would include an error by emergency treating personnel, or a hospital error which caused the person’s death. These cases are so complex that they require a litany of defense tools. For example, private investigators; gunshot residue experts; DNA experts; accident reconstruction experts; human factors experts, just to name of few. David Michael Cantor is “Death Penalty Qualified”. This means he has “first-chaired” and has been substantially involved in Capital Murder Trials in the past.

Click here to learn more about possible defenses and/or punishment for a First Degree Murder charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Defense Lawyer David Michael Cantor.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.

The key to defending Possessing Manufacturing Equipment is demonstrating that you did not “knowingly” possess the equipment (i.e., “Lack of Knowledge”). In other words, if you live in a household with multiple roommates and you were unaware that your roommates were engaging in this type of activity, then this can be a defense to the charge. It will need to be shown that your fingerprints are not on the chemicals or the manufacturing equipment itself. These defenses also apply to Manufacturing of Dangerous Drugs (not just possessing the equipment). Even if a Defendant has knowledge that his roommates are engaging in this type of activity, as long as they do not knowingly participate and facilitate the illegal enterprise, then they are not guilty of Manufacturing Dangerous Drugs, nor are they guilty of Possessing the Manufacturing Equipment. This of course assumes that the equipment is not in their actual bedroom and it was located out in a garage area or other separate location.

Click here to learn more about possible defenses and/or punishment for a Manufacture of a Dangerous Drug charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Criminal Law Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Criminal Law Attorneys are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Arizona Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Criminal Law Attorney David Michael Cantor.

The main defense to Illegally Controlling or Illegally Conducting an Enterprise/Racketeering (RICO) is “Lack of Knowledge”. This occurs when a person is merely an employee of a business, or a non-involved partner who is basically “duped” into managing a business whose proceeds are the result of an illegal activity. This is very similar to the defenses used in Money Laundering, however, it may also involve a person selling land or investment contracts which they do not realize are actually unregistered securities. In addition, a person may well believe all of the materials that have been placed in an advertising brochure without realizing that there are misstatements and fraud involved.

Click here to learn more about possible defenses and/or punishment for a RICO or Racketeering.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled RICO Attorney in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its RICO Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our RICO Attorneys in Arizona know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact RICO Attorney David Michael Cantor.

The most common defense utilized with regard to Assault or Domestic Violence Assault is “Self Defense” or “Justification”. In most assault situations, the alleged “victim” will often be the one who makes the first aggressive movement towards the person who has been charged. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol, and then attempts to push you or grab you, if you simply pull away they may lose their balance and injure themselves. You now automatically become the prime suspect because you were not injured, but they were.

Click here to learn more about possible defenses and/or punishment for a Domestic Violence charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Defense Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Defense Attorneys are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Defense Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Defense Attorney David Michael Cantor.

The most often seen defenses to a Kidnapping charge will be based on “Consent”, or “Lack of Intent”. These charges are normally brought up in domestic disputes where a family member or a child is taken by one parent in a vehicle, or they are not allowed to leave the house during an argument. This particular charge is probably “over-charged” by the Prosecutor more than any other serious felony in Arizona. It will be important to interview as many friends and family members as possible to demonstrate the on-going relationship between the parties. For example, if parents are simply fighting within the household and a child or third person gets scared, this does not necessarily rise to the level of “placing a third person in reasonable apprehension of imminent physical injury to the victim”. It is very important to prevent the Prosecutor from turning a simple Domestic Violence situation (i.e., a misdemeanor) into the very serious felony of Kidnapping.

Click here to learn more about possible defenses and/or punishment for a Kidnapping charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Lawyer David Michael Cantor.

One of the strongest defenses to Prostitution is “Entrapment”. Entrapment occurs when an undercover Officer gets a person to agree to something they would not ordinarily agree to by coercing them or overbearing their will. For example, if an undercover police officer utilizes the service of a “private dancer” or “escort”, and then begins offering extremely large amounts of money to induce the dancer or escort into a sex act, this can be argued as Entrapment. Many times these “private dancer” services do not allow any type of touching or physical contact between the dancer and the patron. However, the old adage “everyone has their price” sometimes is utilized by the Officer to the dancer’s disadvantage. Other times, Officers “jump the gun” and make an arrest prior to an actual agreement taking place. It is important to see whether money actually changed hands, or whether there was any initial physical contact which would indicate that a true act of Prostitution was about to take place.

Click here to learn more about possible defenses and/or punishment for a Prostitution charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Law Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Law Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Law Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Law Lawyer David Michael Cantor.

Many times these Child Molestation charges arise during the pendency of a divorce proceeding. In other words, the Defendant’s soon to be ex-spouse, or an angry teenager who wants her father or step-father “out of the picture”, will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. All of these procedures must be done rapidly, because once a person is charged, they are “non-bondable” and will sit in jail until the case resolves. This means that if you have a million dollars in your pocket, you will still sit in jail until these charges finalize. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

Click here to learn more about possible defenses and/or punishment for a Child Molestation charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Law Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Law Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Law Attorney David Michael Cantor.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.

With a Reckless Driving charge, it must be shown that a person drove with reckless disregard for the safety of “persons or property.” If other vehicles were no nearby (i.e., within “striking distance”), then it can be argued that nobody was put at risk. The same would apply for property. If it did not appear that a person was going to strike any other property (such as parked cars, buildings, fences, etc.), then this can serve as a defense. Merely driving fast and weaving in and out of traffic does not qualify as Reckless Driving. In fact, it might qualify as “Aggressive Driving” or “Drag Racing”, but not “Reckless Driving”. It is important to try to argue for the lesser charge of “Aggressive Driving” because that is a civil violation (not a criminal violation), and therefore, no jail time can be imposed. In addition, the Judge cannot suspend your driver’s license for an Aggressive Driving, whereas they can suspend it for a Reckless Driving. It will be important to interview all potential witnesses who were nearby (or passengers in your car) in order to demonstrate that you were not driving recklessly.

Click here to learn more about possible defenses and/or punishment for a Reckless Driving charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defender, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defenders are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Defenders in Arizona know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defender David Michael Cantor.

The key to defending an Arson charge is showing that a person did not “intend” to burn a structure or property, but that they also did not “knowingly” do so (i.e., “Lack of Intent” and “Lack of Knowledge”). For example, if a camper merely lights a campfire, and then it unintentionally spreads out of control, this would not necessarily qualify as Arson. In addition, there are numerous household accidents which could result in a structure being burned to the ground. The problem arises when an insurance company unfairly attempts to shift the blame onto the Defendant, rather than paying off an expensive claim. It is important to analyze all aspects of the Detective’s report to determine whether they have misconstrued any of the evidence. It may also be necessary to utilize our own investigator in order to look for faulty wiring, faulty gas line hook-ups, defective appliances, and things of this nature.

Click here to learn more about possible defenses and/or punishment for an Arson charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Attorneys are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Attorney David Michael Cantor.

The main defenses for Underage Drinking and Driving are:

• “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
• “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive.
• “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
  • is 50 pounds or more overweight
  • has any back, hip, leg, knee, or ankle injuries
  • has any disability effecting balance
  • is wearing shoes with heels two (2) inches or higher

Click here to learn more about possible defenses and/or punishment for Underage Drinking and Driving.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Juvenile Attorney in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Juvenile Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Juvenile Attorneys in Arizona know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Juvenile Attorney David Michael Cantor.

There are many defenses to DUI, DWI, & Extreme DUI charges. If Stopped for DUI, DWI or Extreme DUI in Arizona:

DO:

• Do Ask to speak with a DUI Lawyer in Arizona immediately!
• Do show your drivers’ license, registration and proof of insurance.
• Do ask to be released to obtain an independent blood test from a hospital.
• Do behave courteously.

DON’T:

• Don’t agree to take a Breath, Blood or Urine test until calling and talking with a DUI Lawyer in Arizona!
• Don’t answer questions or agree to be videotaped.
• Don’t take the eye test.
• Don’t admit anything or take coordination tests.
• Don’t try to talk your way out or be rude.

*These do’s and don’ts apply to most, but not all situations.

Click here to learn more about possible defenses and/or punishment for a DUI, DWI or Extreme DUI in Arizona.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled DUI Attorney in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its DUI Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our DUI Attorneys in Arizona know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact DUI Attorney David Michael Cantor.

The most often seen defense to Burglary is “Lack of Intent”. This defense is accomplished by demonstrating that although a person may have been in a place where they did not have permission, they were not there with the intent to commit a felony. This shifts the serious charge of Burglary down to the less serious charge of Trespass. Another defense is demonstrating “Mistake of Fact”. This sometimes occurs when a person has been drinking, or they are unfamiliar with an area, and they accidentally walk into the wrong apartment or household. Another defense is demonstrating that the Defendant was merely on another person’s property in order to seek permission to use the telephone or garner some other type of assistance, but the owner of the property called the police before the Defendant had a chance to explain himself. It is important to interview all witnesses involved and produce documentation of the Defendant’s good character in order to demonstrate that the case does not warrant being charged as a Burglary.

Click here to learn more about possible defenses and/or punishment for a Burglary charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Theft Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Theft Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Arizona Theft Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Theft Lawyer David Michael Cantor.

One of the most often seen defenses to Theft is “Consent”. This will occur when two (2) people have an agreement or an understanding regarding the use of a piece of property, money, or a credit card. Then when the relationship goes bad, one person may simply accuse the Defendant of some type of “Theft”. This is often seen in situations involving roommates, boyfriends and girlfriends, spouses and business partners. Other times “Consent” is seen where one person loans another person money and they are told “pay me back by the 15th, or I will hold on to your motorcycle until you pay me”. The other person then states “no problem”, and when they cannot pay the person back, they are then surprised to see that their motorcycle has actually been taken as collateral. It is important to interview all people who may have been witnesses to the “Consent” in order to demonstrate to the Prosecutor that this is not a true theft.

Click here to learn more about possible defenses and/or punishment for a Theft charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Theft Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Theft Attorneys are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Theft Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Theft Attorney David Michael Cantor.

Most commonly, defenses for Robbery will involve the fact that the Defendant knows the alleged victim. Usually these charges will arise in domestic disputes (either between significant others or roommates) where one party gets in an argument and then attempts to take what they perceive to be their own property with them. It will be important to show that the person who is taking the property (such as a car, a stereo or some other household item) is actually entitled to that property. In a “community property state”, such as Arizona, both spouses have equal right to take any of the household property. This will be a very important defense in order to defend Robbery charges (especially when an ongoing divorce proceeding in involved).

Click here to learn more about possible defenses and/or punishment for a Standard, Aggravated or Armed Robbery.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Defense Laywer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Defense Lawyers are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Defense Lawyer David Michael Cantor.