SERIOUS CRIMINAL LAW / DUI REPRESENTATION CRIMINAL OFFENSES NEED HELP?

Our law firm’s primary focus is on obtaining the best results for your Criminal or DUI case. We handle anything from misdemeanors to felonies. We offer you a unique approach to criminal law – we only hire attorneys, not paralegals and we are dedicated to providing you the best defense your money can buy. If you or someone you love has been charged with a crime, you want the best and we at the Law Offices of Kevin Breger are just that. We strongly believe in helping our clients and their loved ones by providing them with a unique defense, exemplary personalized service, whilst having a true understanding of how overwhelming the legal process can be.

The Law Offices of Kevin Breger offer criminal defense and DUI representation to the entire valley, including but not limited to: Phoenix, Scottsdale, West Valley, East Valley and surrounding areas as well as Pinal and Yavapai County.

Mr Breger, Esq. – a Phoenix, Arizona criminal defense attorney, is a firm believer that one of the greatest virtues accorded us in the United States is the relative liberty and freedom that we are able to enjoy. If you are charged with a crime you face the possibility of loosing that liberty-the duration of which depends on the nature of the crime you have been charged with. Fighting to protect your liberty and to ensure that the State and police agencies do NOT violate our laws and the constitution is of the utmost importance to us at The Law Offices of Kevin Breger, PLLC.

As a former prosecutor at the Maricopa County Attorney’s Office, The Law Offices of Kevin Breger’s principle criminal defense attorney – Mr. Kevin Breger,Esq.- has extensive experience in the area of criminal law and has successfully taken many cases to trial. Mr. Breger has been able to translate his experience into results for his clients with reduced out of pocket expenses in getting there(1).

Remember, the VIth amendment (2) might give you the right to be represented by counsel-it does not give you the right to be represented by diligent, effective and good counsel.

If you want no-nonsense representation by an attorney that will brilliantly and aggressively fight for your rights, at an affordable price (3) and who will be personally available to you as a client call The Law Offices of Kevin Breger – we can help you today!

(1) Mr. Breger runs and extremely efficient office which enables him to offer his expertise to his clients at rates that are more cost effective than those charged by larger law firms.
(2) U.S. Const. amend. VI.
(3) Payment plans are available on request depending on the individual circumstances and nature of the case.

PRE-FILING ASSISTANCE

Our Phoenix, Arizona criminal defense attorneys offer assistance to you before charges are filed. This pre-filing assistance benefits you in a number of ways:
Through a Pre-File Investigation, we get involved in investigating your case and preparing your defense either before or after you have been contacted by a law enforcement agency but before charges have actually been filed.

Our goals of a Pre-File Investigation are to minimize your criminal liability through, for example:

  • Preventing the filing of a criminal charge;
  • Reducing charges from felonies to misdemeanors;
  • Diverting allegations into an informal non-criminal resolution;
  • Easing your concerns about the case;
  • Keeping you apprised of legal rights;
  • If charges are filed, assist with your surrender to avoid public arrest.

One of the techniques that we can use to bolster a client’s credibility during the Pre-Filing Investigation phase is by arranging for a confidential and private polygraph examination. If we are satisfied with the results and they are favorable, they can be shared with law enforcement to foster a positive resolution of your case.

Other techniques that can be employed to generate a good result during the Pre-Filing Investigation phase is through investigating an alleged victim’s background with regards to reliability and truthfulness. Naturally, if an alleged victim does not have a track record or history of being honest, that can be translated into a positive result.

A Pre-File Investigation prevents charges from being filed by attacking the credibility of the victim by:

Using other witnesses to question the reputation and truthfulness of the victim.

Revealing unsubstantiated allegations against others made by the victim.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

SECOND DEGREE MURDER § 13-1104
Unlike First Degree Murder, premeditated intent is not necessary to commit Second Degree Murder. Intending or knowing that ones conduct will cause death or an extreme indifference to human life by recklessly creating a grave risk and in turn death, can result in a Second Degree Murder charge being filed against a defendant. It is also possible to be charged with Second Degree Murder in a D.U.I. alcohol-related accident that involves death by showing extreme indifference to human life. Second Degree Murder is a Class 1 Felony and if convicted, the defendant can face a minimum sentence of ten years to a maximum sentence of up to twenty-two years imprisonment. Contact our criminal defense attorneys at The Law Offices of Kevin Breger, for more information or to discuss your case confidentially and at no cost to you.
MANSLAUGHTER § 13-1103

In Arizona, Manslaughter occurs when a defendant: recklessly causes the death of another; intentionally or knowingly commits murder in the heat of passion from provocation by the alleged victim; intentionally aids another to commit suicide; or, knowingly or recklessly causing the death of an unborn child by physical injury to the mother. Even if someone commits Second Degree Murder while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force against that person or a third person which a reasonable person in his situation would have been able to resist, can be charged with Manslaughter.

In Arizona, Manslaughter is a Class 2 Felony and the sentencing range depends on a number of factors such as prior criminal history and whether or not the offense was committed with a deadly weapon or dangerous instrument. Many D.U.I. accidents resulting in death are charged as Manslaughter, and the criminal defense attorneys with the Phoenix, Scottsdale Arizona based Law Offices of Kevin Breger, have substantial experience representing clients in these types of cases. Contact us now, we can help you!

VEHICULAR MANSLAUGHTER § 13-1103

In Arizona, a defendant can be indicted for Vehicular Manslaughter if he/she recklessly causes the death of another person while operating a motor vehicle. An example is when a defendant is driving a vehicle and suspected to be under the influence of alcohol or drugs and an accident occurs that results in someone’s death.

In this situation, the experience of our criminal defense attorneys can be very advantageous to defendants. We can help argue your case and give you a chance for a more favorable outcome.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

NEGLIGENT HOMICIDE - VEHICULAR § 13-1102

Contact our Phoenix, Scottsdale, Arizona criminal attorneys to discuss your Vehicular Negligent Homicide case. A defendant can be indicted for Vehicular Negligent Homicide if the defendant causes the death of another person, and the defendant acted in criminal negligent manner. Negligent Homicide is a Class 4 Felony and the sentencing range depends on a number of factors, including prior criminal history.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

AGGRAVATED ASSAULT § 13-1204

Aggravated Assault is a common offense that can occur a number of ways and the penalties can vary dramatically. The Phoenix area criminal defense attorneys with The Law Offices of Kevin Breger have extensive experience defending Aggravated Assault cases.

Some examples of when a defendant can be charged with Aggravated Assault include:

  • Causes serious physical injury to another;
  • Uses a deadly weapon or dangerous instrument to assault another;
  • Enters the home of another with the intent to cause physical injury; or,
  • Has reason to know that the person the defendant is threatening or intimidating is a peace officer, fire fighter, school teacher or health practitioner.

The exhibition of a deadly weapon or dangerous weapon may also qualify as an aggravated assault. There are several types of Aggravated Assaults and many are very serious, such as Assault with a Deadly Weapon, Assault with a Dangerous Instrument, or Assault that causes a serious physical injury. In these cases, Aggravated Assault is a Class 3 Felony.

There are also several less serious types of Aggravated Assault but if convicted of a first offense for a serious Aggravated Assault case, where a deadly weapon or a dangerous instrument is used, the defendant will face a mandatory minimum prison sentence of five years with no option of probation. Aggravated Assault illustrates why it is important to retain the services of experienced criminal defense attorneys.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact us today!

ASSAULT § 13-1203

The crime of assault in Arizona is committed under three different scenarios:

Intentionally, knowingly, or recklessly causing a physical injury to another person is a Class 1 Misdemeanor

Intentionally placing another person in reasonable apprehension of imminent physical injury is a Class 2 Misdemeanor even if there is no physical injury to the other person.

Knowingly touching another person with the intent to injure, insult or provoke is a Class 3 Misdemeanor.

The Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger have experience negotiating pleas for defendants charged with assault and defending those charged at trial when a plea agreement cannot be reached or if the defendant is innocent of the charges. Contact us to confidentially discuss your case – we can help you!

SEXUAL ASSAULT § 13-1406

Sexual Assault occurs when a defendant intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent of that person. A conviction for Sexual Assault carries a mandatory minimum sentence of 5.25 years to a maximum of 14 years for a first offense. A person convicted of Sexual Assault shall also have to register as a sex offender.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact us today!

SEXUAL OFFENSES § 13-1420

Our Phoenix Arizona criminal defense attorneys frequently represent clients charged with sex offenses. In Arizona, when a defendant is charged with a violation of a sexual offense the Court may admit evidence of past sexual offense acts. This evidentiary tool is used against the defendant by the prosecutor to secure a conviction and to secure a longer sentence if the defendant is found guilty.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to discuss your case and representation.

SEXUAL MISCONDUCT WITH A MINOR § 13-1405

A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person that is under 18 years of age. Sexual conduct with a minor who is at least 15 years of age or older is a Class 6 Felony.

It is a more serious offense if the sexual conduct is with a minor who is under 15 years of age and in this situation the crime becomes Class 2 Felony. Sexual conduct with a minor under 15 years of age by statute defined as a Dangerous Crime Against Children and depending upon the circumstances the defendant may be subject to life imprisonment without the eligibility for suspension of sentence, probation or release of confinement until 35 years of the sentence has been served.

Contact our Phoenix and Scottsdale area criminal defense attorneys with The Law Offices of Kevin Breger, if you or a loved one has been charged with this crime. We can help.

SEXUAL MOLESTATION OF A CHILD § 13-1410

Molestation of a Child occurs when a person intentionally or knowingly engages in or causes a person to engage in sexual contact, except sexual contact with the female breast, with a child under 15 years of age. Molestation of a Child is a Class 2 Felony and defined by statute to be a Dangerous Crime Against Children.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to discuss your case and representation.

SEXUAL ABUSE § 13-1404

A defendant commits sexual abuse when that person intentionally or knowingly engages in sexual conduct with any person without the consent of that person or with any person who is under 15 years of age, even if the sexual contact involves only the female breast. Sexual Abuse is a Class 5 Felony, unless the victim is under 15 years of age and then the crime is treated as a Dangerous Crime Against Children and a Class 3 Felony.

Contact our Phoenix, Scottsdale, Arizona, criminal defense attorneys to discuss your representation. We can help!

PUBLIC SEXUAL INDECENCY § 13-1403

A defendant is charged with public sexual indecency when the defendant intentionally or knowingly, in the presence of another person that would reasonably be offended or alarmed by the act, engages in an act of sexual contact, oral sexual contact, sexual intercourse, with beastiality. If the offended person is a minor under the age of 15 years, the crime is charged as a Class 5 Felony. Otherwise, this crime is a Class 1 Misdemeanor.

Contact our Phoenix, Scottsdale, Arizona criminal defense lawyers with The Law Offices of Kevin Breger to discuss your case and representation.


CHILD ABUSE OR VULNERABLE ADULT ABUSE § 13-3623

Any person who abuses a child or vulnerable adult, under circumstances likely to cause death or serious physical injury, and causes them to suffer physical injury or causes them to be placed in a dangerous situation, may be found guilty of the following offense:

If done intentionally or knowingly, a Class 2 Felony. If the victim is under age 15 the offense is punishable as a Dangerous Crime Against Children;

If done recklessly, a Class 3 Felony;

If done with criminal negligence, a Class 4 Felony.

If the circumstances of the abuse are not likely to cause death or other serious physical injury the offense is classified as follows:

If done intentionally or knowingly, a Class 4 Felony;

If done recklessly, a Class 5 Felony;

If done with criminal negligence, a Class 6 Felony.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to discuss your case and representation.

FAILURE TO REGISTER AS A SEX OFFENDER§ 13-3824

A person convicted of certain sexual offenses, kidnapping of a minor or unlawful imprisonment of a minor, whether in Arizona or elsewhere, must register with the Sheriff of the county where the offender is located and has a duty to inform the sheriff’s office of change of address and change of name immediately. A person who is subject to registration as a sex offender and who fails to comply with the registration requirements, can be charged with a Class 4 Felony.

Contact our Phoenix, Scottsdale, Arizona criminal defense lawyers to confidentially discuss your situation. We can help you!

ORDER OF PROTECTION § 13-3602

Orders of Protection are issued as a civil action by a magistrate, justice of the peace or superior court judge for the general purpose of restraining a person from contacting the person who requested the order. The order can be issued ex-parte (without notice to the defendant) and once served is effective against the defendant. An order of protection is good for one year.

Generally, the order of protection restrains the defendant from contacting the plaintiff or other specifically designated persons from coming near the residence, place of employment or school of the plaintiff, on a showing that there is reasonable cause to believe that physical harm may otherwise result.
The defendant is entitled to a civil hearing on the order of protection within 10 days after requesting a hearing or within 5 days if the court in the order awarded exclusive use of the residence to the plaintiff. If after the hearing the order of protection is upheld, the defendant then violates the order of protection, the criminal element comes into play and the defendant, for disobeying the order, may be arrested and prosecuted for the crime of interfering with judicial proceedings.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to confidentially discuss your case and representation.

JUVENILE HEARINGS

Contact our Phoenix criminal defense attorneys with The Law Offices of Kevin Breger to discuss your child’s situation. Our principal attorney, Mr. Kevin Breger, Esq. has substantial experience with Juvenile Delinquency cases and is one of the few criminal defense attorneys with the vast knowledge and experience in dealing with the Juvenile court system, which is substantially different from that of adult court. See our Juvenile Delinquency page of this web site for more detailed information regarding Juvenile Delinquency Representation.

Specifically when it comes to Juvenile Delinquency matter, having experienced criminal defense attorneys such as our, with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom or that of your loved one, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

BURGLARY § 13-1506/ 1507/1508

Burglary is a serious offense and our Phoenix, Scottsdale, Arizona area criminal defense attorneys have extensive experience defending this charge. In Arizona, there are three different degrees of burglary classifications. Burglary in the third degree is a Class 4 Felony and occurs when one enters or remains unlawfully in a non-residential structure or in a fenced commercial or residential yard with the intent to commit any theft or any other felony therein. Second degree burglary is a Class 3 Felony when one enters or amends in or on a residential structure with the intent to commit any theft or any felony therein. If a defendant or an accomplice commits burglary when in possession of a deadly weapon, a dangerous instrument or explosives, then the defendant faces a Class 2 Felony if the burglary was committed in a residence.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to confidentially discuss your case and representation.

ROBBERY § 13-1902

A person who commits Robbery, if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. Robbery is designated a Class 4 Felony.

Contact our Phoenix, Arizona criminal defense attorneys to discuss your case. We can help you!

AGGREVATED ROBBERY § 13-1903

Aggravated Robbery occurs if in the course of committing a Robbery as defined above, you are aided by at least one accomplice actually present. This offense is a Class 3 Felony.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

ARMED ROBBERY § 13-1904

Armed Robbery occurs if in the course of committing a Robbery as defined above, a defendant or an accomplice is armed with a deadly weapon or simulated deadly weapon, or uses or threatens to use a deadly weapon or dangerous instrument or simulated deadly weapon. Armed robbery is a Class 2 Felony and is an extremely serious offense since a conviction could result in a significant amount of mandatory prison time.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

THEFT § 13- 1802

There are many different legal theories pertaining to a Theft charge. The most common example, is when someone takes someone else’s property with the intent to deprive the other person of such property. In general terms, theft can be a misdemeanor, if the value of the item(s) taken is less than $1,000. If the value is greater than $1,000 it is a felony, the level of which goes up, along with the dollar amount.

A less common known form of theft, is when you find someone else’s property, and the circumstances provide you with a means to find out who the true owner is. If you don’t make a reasonable effort – beware!

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

THEFT OF MEANS OF TRANSPORTATION § 13- 1814

If you take someone else’s car, with the intent of permanently deprive that person of their car, you have committed a Class 3 Felony. Even if you are driving a car and you should have known that it was stolen – for example, the column was cracked – you can be prosecuted for Theft of Means of Transportation.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom , contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

UNLAWFUL USE OF MEANS OF TRANSPORTATION § 13- 1803

If you drive someone else’s car without their permission, and you don’t intend to permanently deprive that person of their car, you can be found guilty of a Class 5 Felony. This is commonly known as “Joyriding”. Even if you are a passenger in a car that you know or should have known (for example, if the column is cracked) was being driven by someone who was in “unlawful possession” – you too have committed a felony.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

SHOPLIFTING § 13-1805

The most common example of when a person has committed Shoplifting is when that person is in a store and they take the store’s goods with intent to deprive the store of the goods by removing the goods from the store without paying the purchase price or by concealing the goods. Even if you pay less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring the label, price tag, or marking of the goods, you have committed Shoplifting.

If you are accused of Shoplifting or being investigated for Shoplifting, contact our Phoenix criminal defense attorneys. We can help you. Shoplifting can carry serious penalties. The classification of the crime for Shoplifting depends on the value of the property at issue and ranges from a Class 5 Felony to a Class 1 Misdemeanor. Further if the defendant has two or more prior Burglary, Shoplifting, Robbery or Theft convictions from within the past five years, the defendant may be charged with a Class 4 Felony regardless of the value of the property.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

PROBATION VIOLATIONS / REVOCATION OF PROBATION - CRIMINAL PROCEDURE RULE 27.8 et. al.

Probation Violations have many consequences, which can often be lessened by involving experience criminal defense attorneys. If you are facing a probation violation, contact us to discuss representation.

The sentencing court may impose conditions of probation for those probation eligible offenses and a probation officer may also implement other conditions of probation. If a probationer violates the conditions and regulations of probation, the probation officer or the prosecutor may go back to petition the sentencing court to revoke probation. At that point the sentencing court may issue a summons directing the probationer to appear on a specified date or may issue a warrant for his/her arrest.

If the probationer admits to the violation, or after evidentiary hearing there exist a preponderance of evidence of a violation of probation, the sentencing court may revoke the probation and impose additional probation conditions, jail time, or may even impose a prison sentence for the crime originally charged.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

DRUG POSSESSION OFFENSE § 13-3401 et. seq.

In Arizona, it is a felony to possess or use of marijuana, dangerous drugs and narcotic drugs. The seriousness of the offense depends on the quantity of the drug. Under §13-3405, if a defendant is charged with possession or use of marijuana, he/she may be charged with a Class 6 Felony if less than two pounds are found in his/her possession. The offense becomes more serious as the amount of marijuana found in the defendant’s possession increases. For example, 2-4 pounds is a Class 5 Felony.

Conviction of possession or use of marijuana includes fines. Probation is usually available for this offense depending on the person’s criminal history. The terms of the probation will include that the defendant can not use marijuana or any other narcotic drug or drink alcohol. Probation terms will also include community service and/or a minimum of an 8-hour class on the instruction of the harmful effects of drugs and marijuana.

Violation of § 13-3407 for possession or use of a dangerous drug or violation of § 13-3408 for possession or use of a narcotic drug are normally Class 4 Felonies. Probation may usually be available in Arizona for possession or use of these controlled substances depending on the person’s criminal history. In Arizona, those charged have a right to a jury trial on all drug cases. Contact our experienced criminal defense attorneys in Phoenix, Scottsdale, Arizona. We will help you get the best resolution of your case or represent you at trial. We can help you!

DRUG SALE OFFENSES § 13-3401 et. seq.

The Arizona Criminal Code and Arizona courts distinguish between possession and possession for sale when it comes to drugs like marijuana, dangerous drugs or narcotic drugs. The Criminal Code provides for statutory threshold amounts that determine punishment. For example, possession of 2 pounds of marijuana, 9 grams of cocaine, or 9 grams of methamphetamine will result in a mandatory prison term and may not be probation eligible.

Whether you are charged with possession or possession for sale may depend on the quantity of the drug, but also other indicia found by law enforcement in your possession or control such as a large quantity of cash, ledgers, scales, drug paraphernalia, how the drugs are packaged and/or surveillance equipment. Your own statements or admissions may also be grounds for increased charges. If you’re being investigated for or charged with this crime, please contact our Phoenix, Scottsdale, Arizona criminal defense lawyers at The Law Offices of Kevin Breger. We can help you!

DOMESTIC VIOLENCE § 13-3601

Charges of assault, criminal trespass, custodial interference or harassment, among other crimes, may cause an arrest for domestic violence if the defendant and alleged victim have a defined familial relationship or resided in the same household. If the defendant is found guilty of an offense included in a domestic violence and that offense is otherwise probation eligible, the court may offer the defendant probation, which ranges from an imposition of a fine, incarceration in a county jail, payment of restitution and completion of a domestic violence offender treatment program.

If you commit a crime upon your partner, spouse or former spouse, you may be charged with domestic violence. An arresting officer only needs to find probable cause to arrest you for this offense. Depending on the specific history of the defendant, the nature and circumstances of the offense, a “Domestic Violence” crime can also be a felony. Our Phoenix, Scottsdale, Arizona criminal defense lawyers can defend you on a domestic violence charge. Contact us. We can help you!

ARSON § 13-1703 & 1704

A person commits Arson by knowingly damaging a structure or property by causing a fire or explosion. The level of seriousness ranges depending on the dollar amount of the damage to the structure or property. If the structure that is damaged, is occupied, the offense is a Class 2 Felony.

If you have been charged with Arson or are being questioned in an Arson investigation, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to discuss representation. We can help you.

MISCONDUCT INVOLVING WEAPONS § 13-3102

The most common form of Misconduct Involving Weapons occurs when a defendant carries a concealed deadly weapon on his/her person, within his/her immediate control in his/her vehicle without a permit or possesses a deadly weapon if he/she is a “prohibited possessor”.

Some less common forms of Misconduct Involving Weapons include, selling or transferring a deadly weapon to a “prohibited possessor”, defacing a deadly weapon, possessing a defaced deadly weapon knowing it was defaced, possessing a deadly weapon on school grounds, amongst others.

Depending on the type of conduct involved, a defendant in this case may be charged with a Class 3 Felony or a less serious crime. Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys for serious representation. We can help you!

KIDNAPPING § 13-1304

A person commits kidnapping by knowingly restraining another person with the intent to:

Hold the victim for ransom, as a shield, or hostage; or
Hold the victim for involuntary servitude; or
Inflict death, physical injury or a sexual offense on the victim; or
Otherwise aid in the commission of a felony; or
Place the victim or a third person in reasonable apprehension of imminent physical injury; or
Interfere with the performance of a government or political function; or
Seize or exercise control over any airplane, train, bus, ship or other vehicle.
Kidnapping is a Class 2 Felony but can be more serious if the victim is under fifteen (15) years of age or less serious, if for example, the victim is released without physical injury in a safe place before arrest and before accomplishing any of the above mentioned things. Contact The Law Offices of Kevin Breger’s experienced criminal defense lawyers – we can help you!

STALKING § 13-2923
When a defendant maintains a course of conduct directed towards a specific person and if the victim reasonably fears for his/her safety or the safety of his/her immediate family member, then the defendant can be charged with a Class 5 Felony. If the victim reasonably fears death of that person or that person’s immediate family member and that person in fact fears death, then the defendant can be charged with a Class 3 Felony. Those convicted of stalking can face serious consequences including prison or up to lifetime probation. Contact our Phoenix, Scottsdale Arizona criminal defense attorneys for serious representation. We can help you!
CRIMINAL TRESPASSING § 13-1502/1503/1504

In Arizona, there are three different classifications of Criminal Trespass for which a defendant may be charged. The location of the trespass decides the degree of seriousness.

Criminal Trespass in the first degree forms the basis of a Class 6 Felony if one enters or remains unlawfully in or on a residential structure. If one enters or remains unlawfully in a fenced residential yard, it is a Class 1 Misdemeanor.

Criminal Trespass in the second degree is a Class 2 Misdemeanor and occurs when a person enters or remains unlawfully in a non-residential structure or a fenced commercial yard.

Criminal Trespassing in the third degree is a Class 3 Misdemeanor and occurs when a defendant enters or remains unlawfully on the property after a reasonable request to leave by the person in lawful control of the property or if there is a reasonable notice prohibiting entry.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

FRAUDULENT SCHEMES § 13-2310

Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises, or material omissions is guilty of a Class 2 Felony. If convicted of Fraudulent Schemes and the benefit involved had a value of $100,000.00 or more, prison time is mandatory.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

BRIBERY § 13-2602 or 2605

In Arizona, there are two types of bribery. One type involves public servants and party officials and the other involves the private business sector.
The Arizona Criminal Code classifies bribery as Bribery of a Public Servant or Party Official when one offers, confers or agrees to confer any benefit upon a public servant or party official with the intent to influence that public servant’s or party official’s vote, opinion, exercise of discretion or judgment. The public servant or party official can also be charged with bribery if he/she solicits, accepts or agrees to accept any benefit in the above situation. Bribery of a pubic servant or party official is a Class 4 Felony.

In the private sector, one commits Commercial Bribery if a person confers a benefit on another person’s employee with the intent that such benefit will influence the conduct of the employee in relation to the employer’s commercial affairs and the conduct of the employee causes economic loss to the employer. If this occurs and the employee accepts the benefit, the employee may also be charged with Commercial Bribery. Commercial bribery ranges from a Class 5 Felony to a Class 1 Misdemeanor, depending on the value of the benefit conferred.

The Phoenix criminal defense attorneys with The Law Offices of Kevin Breger, can help you in defending both public and private bribery charges. Call us to discuss your case. We can help you!

WHITE COLLAR CRIMES INCLUDING § 13-2201 et. seq.

“White Collar Crimes” is a general category of crimes that usually includes conduct done in the context of the workplace or in business dealings. The specific offenses span a broad range and include, but are not limited to: theft, fraud, fraudulent schemes, trafficking in stolen property, securities fraud and racketeering.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

ISSUING BAD CHECKS § 13-1807

A person commits Issuing a Bad Check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.

There are certain specific defenses that apply to this crime and our Phoenix, Arizona criminal defense attorneys have substantial experience with this offense therefore they can evaluate your case to determine if one or more of the statutory defenses to this crime applies to your case. Contact us. We can help you!

THEFT BY EXTORTION § 13-1804

A person commits Theft by Extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:

Cause physical injury to anyone by means of a deadly weapon or dangerous instrument
Cause physical injury to anyone except by means of a deadly weapon or dangerous instrument
Cause damage to property
Engage in other conduct constituting an offense
Accuse anyone of a crime or bring criminal charges against anyone
Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person’s credit or business
Take or withhold action as a public servant or cause a public servant to take or withhold action
Cause anyone to part with any property
Theft by Extortion is a Class 4 Felony unless the threat of physical injury involves a deadly weapon or dangerous instrument. There are certain specific affirmative defenses or exceptions.

Our Phoenix and Scottsdale Arizona area criminal defense attorneys with The Law Offices of Kevin Breger, can discuss the affirmative defenses available to those charged with this crime. Call us today. We can help you!

EXTRADITION CASES § 13-3841 et. seq.

Arizona has adopted the Uniform Criminal Extradition Act of which most of the United States and United States Territories have also adopted. In order to be extradited to another state for a crime committed in that state, there is a formal process, including the issue of an arrest warrant.

A person to be extradited to another state may be subject to confinement until the extradition takes place and under certain scenarios may be eligible for bail issued by a judge or magistrate of this state. Further, if the defendant is extradited back to Arizona, the defendant may be tried in Arizona for any other crimes which he/she is charged with having committed here, in addition to the crime which gave rise to the extradition request.

If you are arrested in Arizona under a warrant from another state, you have a right to a hearing to determine whether or not you are the correct person wanted in the other state. Identity is one of the issues. It is important that you contact us before you waive your rights to an extradition hearing, so we can determine the best strategy on your behalf!

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

CRIMINAL LITTERING OR POLLUTING § 13-1603

A person commits Criminal Littering or Polluting if such person without lawful authority does any of the following:

Throws, places, drops or permits to be dropped on public property or property of another which is not a lawful dump any litter, destructive or injurious material which he does not immediately remove
Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines within the state
Dumps any earth, soil, stones, ores or minerals on any land
Even if you throw something that is organic and can decompose- like an apple core – on the sidewalk it is still considered littering.

Depending on the nature and volume of “Littering” or “Polluting” involved the offense could range from a Class 6 Felony to a Class 2 Misdemeanor.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

PANDERING § 13-3209

A person commits Pandering if they knowingly:

Places any person in the charge or custody of any other person for the purposes of prostitution
Places any person in a house of prostitution with the intent that such person lead a life of prostitution
Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution
Compels, induces or encourages any person to lead a life of prostitution
Pandering is a Class 5 Felony.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

PERJURY § 13-2702

A person commits Perjury by making either:

A false sworn statement in regard to a material issue, believing it to be false
A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false
Perjury is a Class 4 Felony.

Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!

RACKETEERING § 13-2301 et. seq.
Having experienced criminal defense attorneys such as ours with the The Law Offices of Kevin Breger, makes a substantial difference to the outcome of your case. Do not take chances with your freedom, contact our Phoenix, Scottsdale, Arizona criminal defense attorneys to confidentially discuss representation. We can help you!
FORGERY § 13-2002
Contact our Phoenix, Arizona area criminal defense attorneys if you are facing a forgery charge. Forgery occurs when one intentionally makes or alters a document or check, knowingly possesses the forged written instrument or intentionally offers or presents a forged instrument, or one that contains false information. Forgery is a Class 4 Felony.
FALSE STATEMENT TO LAW OFFICERS § 13-2907.01
It is unlawful for a person to knowingly make to a law enforcement agency of either this State or a political subdivision of this State, a false, fraudulent or unfounded report or statement or knowingly misrepresent a fact for the purpose of interfering with law enforcement. This is a Class 1 Misdemeanor and you have a right to a jury trial. Our Phoenix Arizona criminal defense attorneys can represent you at trial and further explain your rights to you. Contact us. We can help you!
RESISTING ARREST § 13-2508
A person is charged with Resisting Arrest when he/she intentionally prevents or attempts to prevent law enforcement from effecting an arrest by using or threatening physical force against the officer or another. A person can also be charged with Resisting Arrest when his/her conduct creates a substantial risk of causing physical injury to the officer or another. Resisting Arrest is a Class 6 Felony. Conduct our Phoenix and Scottsdale, Arizona criminal defense attorneys for representation. We can help you!
D.U.I & D.W.I §28-1381
Please see our D.U.I./D.W.I. section in this web site. Our Phoenix Arizona criminal defense lawyers have extensive experience with DUI /DWI representation. We have had substantial success in this particular area of criminal defense. Contact Us! We can help you!
AGGRAVATED D.U.I §28-1383

Driving under the influence or under the extreme influence of intoxicating liquor can become an Aggravated D.U.I when:

The defendant is driving on a suspended or revoked license;
The defendant is charged with his/her third D.U.I offense within 60 months
A person under fifteen years of age is in the vehicle with the defendant driver
If convicted of this offense, the defendant is subject to a Class 4 or Class 6 Felony. Please see our D.U.I./D.W.I. section in this web site. Our Phoenix Arizona criminal defense lawyers have extensive experience with DUI /DWI representation. We have had substantial success in this particular area of criminal defense. Contact Us! We can help you!

DRIVING ON A SUSPENDED LICENSE §28-3473
This serious charge occurs if your license is suspended or revoked as the result of a D.U.I. offense. The offense has a minimum mandatory jail term of two days, which must be served as 48 hours consecutive with no work release. The defendant can also receive probation, a fine, and up to six months in jail as part of the sentence if convicted. Contact our Phoenix criminal defense attorneys for representation. We can help you!
PROFESSIONAL LICENSES DEFENSE §13-904
At The Law Offices of Kevin Breger, our Phoenix criminal defense attorneys can defend your professional license against suspension. Liquor license defense is common. We can also assist with legal or medical ethics defense and with defenses in many other professions. Please contact us to obtain more information.
RESTITUTION §13-804
Upon a conviction of a criminal offense causing economic loss to any person, the court in its discretion may order all or a portion of a fine imposed on the defendant to be allocated as restitution or may order the defendant to pay restitution independent of the fine, to the person who suffered the economic loss caused by the criminal conduct. The court is not authorized to consider the economic circumstances of the defendant in determining the amount of restitution but has discretion in ordering the manner of the payment. If the probation officer or court has reason to believe that the court ordered restitution is not being made, such information must be reported to the court and the court may revoke the defendant’s probation, parole or community supervision.
RESTORATION OF RIGHTS §13-905
A conviction for a felony suspends the right to vote, the right to hold public office, the right to serve as a juror, and during any period of imprisonment, any other civil right which is necessary for the security and protection of the public. Conviction also suspends the right to possess a gun or firearm.
Generally, a person whose period of probation has been completed may have his civil rights restored by a judge upon proper application, although there may be further restrictions on the right to possess or carry a gun or firearm. At The Law Offices of Kevin Breger, our Phoenix criminal defense attorneys can file a petition requesting that the court restore your civil rights so that you can again vote and carry a gun.
SETTING ASIDE CONVICTIONS §13-907

Our Phoenix, Arizona criminal defense attorneys can help you have your conviction set aside. This statute allows a court to set aside a judgment of a convicted person on discharge. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge’s successor, to have the judgment set aside. Application must be made in writing by an attorney, probation officer or the defendant. If the judge grants the application, the court shall set aside the judgment of guilt and dismiss the accusations, except for penalties imposed by § 28-3304, §28-3306, § 28-3307, and § 28-3308.
Any offense involving the following may not be set aside:

Offenses involving serious physical injury;
Offenses involving use or exhibition of a deadly weapon or dangerous instrument;
Sexual offenses;
Offenses involving a victim under the age 15;
A violation of § 28-3473;
Any local ordinance relating to operation of a vehicle, except, §28-693.

PREPARATORY OFFENSES §13-1001; §13-1003
It is a crime to “attempt” to commit a crime. It is also a crime to “conspire” with others or plan to commit a crime. Usually, indictments for attempt or conspiracy are related to high profile serous cases such as conspiracy to commit a murder. Contact our Phoenix, Arizona criminal defense attorneys to discuss your defense.
UNLAWFUL IMPRISONMENT §13-1303
It is unlawful to knowingly restrain another person unless otherwise allowed by law. A violation of this statute is a Class 6 Felony unless the victim is released without physical injury to a safe place prior to arrest then the offense is a Class 1 Misdemeanor. Call the Phoenix Arizona criminal defense attorneys at The Law Offices of Kevin Breger – we can help you!
SEARCH WARRANT CHALLENGES
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures of their property. If the government violates your rights, our Phoenix or Arizona criminal defense attorneys with The Law Offices of Kevin Breger, can file motions to challenge the search and the admissibility of the evidence.
MOTION FOR BAIL REDUCTION
We can file a Motion to Reduce your Bail Bond while you are waiting for trial. We need to know information about your ties to the State of Arizona to show that you will not flee the State. Our Phoenix, Mesa, Scottsdale, and other Arizona area criminal defense attorneys will aggressively pursue your release.
MOTION FOR O.R. RELEASE
Our Phoenix, Arizona criminal defense attorneys file this Motion in an attempt to get the defendant released from jail while trial is pending. Sometimes, the court sets an unreasonable bond amount and we can try to reduce it. Perhaps there was a mistake of fact that led to a high bond or now there is a change in circumstances that would allow a lower bond amount. We will argue your case for O.R. release. Contact The Law Offices of Kevin Breger – we can help you!
TRIALS AND APPEALS
Our Phoenix criminal defense attorneys handle all types of criminal cases in Arizona, including all types of trials and appeals.
POST CONVICTION RELIEF
There are several types of Post Conviction assistance. The most common are appeals, motions to modify sentence or terms of probation, and Rule 32 Petitions. At The Law Offices of Kevin Breger, our Phoenix, Arizona criminal defense attorneys can help. We offer a free consultation to determine whether or not we can assist in your case.
RULE 32 PETITIONS

If someone is serving time in prison, our Phoenix criminal defense attorneys can file a Rule 32 Petition in an attempt to win early release, or dismissal of the case. Grounds to file a Rule 32 include the following:

The conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
The Court was without jurisdiction to render judgment or impose sentence.
The sentence imposed exceeds the maximum allowed by law.
The person is held in custody after the sentence expired.
Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence.
Defendant failed to appeal and it was not the fault of the defendant.
There has been a significant change of law that, if determined to apply to defendant’s case, would probably overturn the defendant’s conviction or sentence.

FORFEITURE CASES
There are several circumstances that could lead to asset forfeiture and at The Law Offices of Kevin Breger, our Phoenix Arizona criminal defense attorneys can help you. The State has the right to seize property, like an automobile, if they find drugs in the car. An aggravated D.U.I. conviction could also lead to a vehicle forfeiture case. Forfeiture cases are civil and they are against the property.

For specific information regarding your case and for your FREE initial consultation, please call The Law Offices of Kevin Breger, PLLC at (602) 682-5582 or email us directly at info@BregerLaw.com and our experienced criminal defense and DUI / DWI attorneys will be happy to help your or your loved one get this resolved as quickly and efficiently as possible.

For more information on our firm or to schedule your FREE initial consultation with an attorney to discuss your case, please contact us directly at:

(602) 682-5582

E-MAIL: info@BregerLaw.com

(The use of the Internet and email for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent)

FAX: (602) 682-7379
ADDRESS:  8901 E. Mountain View, Suite 211, Scottsdale, AZ 85258
MAILING ADDRESS: 10869 N. Scottsdale Road Suite 103-237 Scottsdale, AZ 85254