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Simple Assault Penalties in the State of Arizona

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So, you’ve just finished a nice dinner out with your family and while walking to your car a stranger approaches you and asks for change. You reply that you are empty-handed, but the person insists you must have some money. Feeling tired and annoyed, you engage in a verbal confrontation, pushing the stranger so he will leave you alone. As a result of your push, the stranger stumbled, fell to the ground, and cuts his arm. Now what?
It’s important to know that simple assault charges in Arizona are taken very seriously and the punishment increases with the severity of the assault, as well as the number of convictions you’ve had.

A misdemeanor assault (as described in the story above) is punishable by up to one year in prison, along with a $2,500 fine.

Level of assault is specifically defined as:

  • Intentionally, knowingly or recklessly causing any physical injury to another person; or
  • Intentionally placing another person in reasonable apprehension of imminent physical injury; or
  • Knowingly touching another person with the intent to injure, insult or provoke such person.

Additionally, endangerment can also be classified as a misdemeanor in Arizona. This includes a situation where a person’s actions recklessly endangering another person with a substantial risk of physical injury.

It’s important to know how Arizona law enforcement may react to your actions. Instead of taking physical action against a stranger or anyone, call 911 immediately and get you and your family to a safe location until help arrives.

Consult an Attorney:

If you find yourself in the unfortunate circumstance of having committed an assault, contact the attorneys at Brad Johnson Injury Law for a free consultation. We protect YOUR rights. – T. Jacobs

Muscle Pain From Car Accidents

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Whiplash is defined as “an injury to the cervical spine caused by an abrupt jerking motion of the head, either backward of forward.” Whiplash occurs when the head and neck are very quickly and abruptly thrust in one direction then back into the opposite direction. This can occur not only from car accidents, but also in contact sports such as football or soccer, slips and falls, or even a very sudden and vigorous sneeze.

Symptoms of whiplash affect your overall senses and body comfort. Symptoms might not occur for hours, days or even weeks after the accident. If you are involved in an accident, it’s important to follow up with your primary physician as soon as possible to see if any medical attention is needed.

Symptoms of whiplash include:

  • Headaches, head and neck pains, stiff neck, muscle spasms
  • Restricted head motion
  • Equilibrium problems, loss of hearing, ringing in the ears and eyestrain
  • Inability to concentrate, poor memory
  • Pain between the shoulders, low back pains, tremors, rapid heartbeat

Contact a Car Accident Injury Lawyer

Do you need to hire an automobile accident lawyer? Attorney Brad Johnson covers methods to maximize your settlement value. Call us today at 602-598-5694 to discuss your legal options through a free consultation.

Why Dog Lovers Need Insurance

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Dogs are one of life’s greatest pleasures. Their loving faces, wagging tails and incessant need to make you happy always puts a smile on your face. As a dog lover, you want to make sure that you and your furry family member are protected. While we love our pets and always hope for the best, their actions might cause problems, which can lead to messy lawsuits and expensive bills.

First, talk with your insurance company. Most homeowner’s insurance companies have a liability policy in place for dog bites. See what it would cover in case your dog bit someone and what sort of legal action can be taken against you. If you don’t have coverage, get it. Don’t admit any liability or offer to pay any expenses before you talk with your insurance company in the event of an incident.

Some insurance companies may require that your dog attend obedience training, similar to how insurance companies require new teenage drivers attend traffic school. This measure is done to help make sure that you have worked with your dog to prevent an incident from occurring. Obedience training will also help prevent accidents involving children and adults.

Take the necessary measures to insure that you, your family and your furry friend are protected from accidents.

The Consequences of Drug Possession in Arizona

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Being charged for possession of drugs is a serious offense. The justice system is not easy to understand and can be stressful. When being faced with these charges, having a knowledgeable attorney can be the difference between freedom and jail.

The drug classifications in Arizona are: dangerous drugs, narcotics and marijuana.
A conviction for any of these can get you heavy fines and jail times.

Dangerous drugs include: LSD, methamphetamines, steroids, ecstasy, mescaline, lorazepam, hallucinogenic mushrooms, GHB and clonazepam
Narcotics are: heroin, cocaine, oxycodone, opium, morphine and more.

Marijuana is also known as weed or pot.

Drug Possession Penalties

Both Possession of Dangerous Drugs and Possession of Narcotic Drugs are class 4 felonies. A conviction for either can result in a prison sentence, jail time, and/or fines up to $150,000.00. Possession of Marijuana is a felony in Arizona and the class of felony is dependent on how much marijuana is being possessed. The more marijuana possessed, the higher the felony classification and the more prison time one could be sentenced to in addition to higher fines.

Just being arrested for possession of drugs, without being charged or convicted, can stay on your record making getting a job and other legal matters more difficult. The safest and smartest thing to do is to stay away from drugs and those using or possessing drugs so that you are not accused of being in possession or use of drugs.

The Facts On Motorcycle Accidents

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Some people think that most motorcycle accidents are caused by the reckless behavior of the operator. The fact is that more than half of them that involved a fatality occurred when the motorcycle was hit by another vehicle.

The National Highway Traffic Safety Administration estimates that about 5,000 people are killed and tens of thousands more are injured each year in motorcycle accidents. When these deaths and injuries occur due the negligence or recklessness of another driver, the motorcycle operator will file a claim for the resulting personal injuries.

The first step is to visit a personal injury lawyer who has experience handling motorcycle accident cases. After going over the details of your case, he will be able to tell you whether or not you have a good case. If he takes the case, he will first try to negotiate a settlement with the insurance company of the other driver.
The majority of these accident claims result in a settlement. A settlement occurs when both parties agree on a certain dollar amount in exchange for the injured party agreeing to bring no further legal action.

If a settlement cannot be reached, a lawsuit can be filed.  In litigation you will need to prove that the other driver was responsible for the accident and that the injuries or losses that you suffered were the direct result of their negligence.

It’s important to choose an accident attorney with experience handling motorcycle accident cases and who has a proven track record of winning.

Prepared to Handle the Road?

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We have all been through driving school, passed the driving test, practiced diligently, and purchased car insurance to protect us, but what else are you doing to keep you and your passengers safe in your car? With so many distractions and so many simple solutions, why not put some into practice.

  • Distractions cause accidents; there is just no way around it. We all have been next to or behind the person talking on their phone, texting or putting on make-up who is swerving all over the road. Don’t be that person, don’t get distracted.
  •  Before getting in the car make sure you are ready to go. Have your make-up on, tie tied, teeth brushed and hair combed. Make sure you have a few tools with you to not distract you as well. Have a wireless head set in the car.  Have a travel mug so not to spill as you go. And before pulling out of your parking spot set your radio, put in your CD or plug in your MP3 player. Trying to set this up while driving can be a serious hazard.
  •  Make sure you have your eyes checked regularly. Drivers who have difficulty seeing or suffer from headaches because of eye strain are more likely to get in accidents. If it is recommended by your eye doctor to wear glasses for distance, wear your glasses every time you drive.
  •  A lot of drivers fall victim to road rage. This is a psychological issue connected to what the driver is dealing with in their personal life. How do you avoid it? If you are the driver, take a few deep breaths and play soothing music.  If you witness this from someone else, let him or her pass you by. Engaging with someone by blocking them in, swerving in their way or engaging in hand gestures doesn’t make the situation better.

Our dependence on cars as a society has forced us to have to deal with people from different walks of life and situations on a daily bases. Endangering lives because of carelessness and foolishness is unnecessary, expensive and dangerous.

The Physics of Rear End Auto Accidents

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Rear end accidents occur when an at fault driver hits another vehicle in front of them. Usually, this happen when the car in front stops and the driver from behind is unable to stop in time.

According to experts, this type of auto accident has a force equivalent to half of the speed of the car. For example, a vehicle traveling at a speed of 40 mph that rear ended another car is like hitting a wall at 20 mph.

The physics of rear end collision is different from head-on collision which happens when two car’s front ends collide. In this situation, the impact is greater and deadlier because the velocity of two vehicles traveling in opposite directions is higher.

Preventing Rear End Accidents:

Keep a safe distance and avoid tailgating. Maintaining a safe distance from another vehicle will allow drivers to have enough time to maneuver and respond to changes in speed.

If the road is slippery or the visibility is low due to bad weather, drivers should increase the time interval to react to a slowing or stopped vehicle.
Avoid being distracted. Mobile phones and other electronic devices can serve as a distraction for drivers.

Avoid constant braking-accelerating sequences. Doing so may increase the likelihood of rear end collision because the other driver is less likely to predict the speed of the vehicle in front of them.

When changing speed, do this by accelerating slowly.

Respect the right-of-way of other motorists. An accident can be caused by driver’s behavior, so by respecting the right-of-way and being courteous to other drivers, people can avoid accidents.

When approaching red traffic lights, take the foot off the accelerator pedal early on to avoid colliding with a slowing or stopped vehicle.

Always check the tire pressure. Correct tire pressure increases safety and can make the car fuel-efficient by increasing the rolling resistance by at least 10 percent.

To help you deal with issues involved in rear end auto accidents, consult with our personal injury lawyers. If you have questions, please take advantage of our free consultation.

What are Slip and Fall Accidents?

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You are entitled to claim compensation for an injury which is caused by negligence on the part of a property owner. Slip and falls can happen anywhere, and at any time – in supermarkets, at work, pathways, and restaurants.

There are laws in place to protect the public and impose charges/fines on the people responsible for maintaining and running public places, to ensure the safety of anyone who uses them. The laws apply to employers as well as privately owned establishments/land, and of course to the local officials who are responsible for maintaining the roads and public pathways/pavement.

Personal Injuries from Slip and Fall Accidents

Slips and falls are incidents which can have long lasting effects, such as time off work and physical impairments. If you slip over a faulty paving slab in a street, you could end up with a broken limb or severe bruising, or even concussion. This could translate to several weeks off work, and if your company does not offer very much in the way of sick pay, you could find yourself in a precarious financial position. Compensation payouts not only award money for the initial pain and suffering caused by the accident, but they can include damages which can cover for loss of earnings and medical expenses.

Making a Slip and Fall Claim

If you have suffered a slip or fall then there are a few steps you should take to help with your claim. Where possible, you should photograph the area where the incident occurred. You should make sure you take down the contact details of any witnesses who either saw your specific accident happen or who have seen the defective area in person. If anyone else has suffered a personal injury from the same source/situation then you should make sure you have their contact details, as they will be able to back up any evidence you provide. Finally, you should make sure that you have reported the accident to the relevant personnel, whether at work to your manager or to the property manager/owner if the injury happened in a public space.

It can be very easy to feel foolish or irresponsible when you have suffered a personal injury, and many incidents go unreported as a result. It is important to be aware that you are entitled to seek compensation, and in fact encouraged to, if only to highlight the problem to the relevant people to make sure no one else suffers the same fate.

Call a Slip and Fall Lawyer

Claiming is a simple process, and with just a small initial amount of effort you can get the ball rolling with your accident claim.  There really is nothing to lose, and everything to gain. If you are unfortunate enough to have suffered a personal injury due to negligence on the part of a private company, public organization or governing body, you should seek advice from an attorney who will help you to recover the compensation you deserve.

DUIs in Arizona

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Arizona has had an extremely high rate of vehicle crashes and deaths associated with drunk driving. Because of this, Arizona officials have come down hard on drunk drivers. The penalties for DUI in Arizona are extreme, but hopefully, this will lead to safer roads for the public at large.

So what is illegal in Arizona?

The State of Arizona law prohibits driving if you have an alcohol level of 0.150 or more in your bloodstream. It is also illegal for someone under the age of 21 to drive with ANY alcohol in their system. That means that if you are underage, you cannot drive at all, even if you have only had one drink. You are also not allowed to drive at all if you have any traces of illegal drugs in your body.

How do you know what your blood alcohol level is?

This is a tough question. Your alcohol blood level is dependent on your weight and body fat percentage, so it differs from person to person. You can find charts on the web that give good guidelines as to how much alcohol is in your bloodstream. Most guides agree that 1 alcohol unit is equal to 1 beer or 1 3-ounce glass of wine or 1 ounce (a shot) of hard liquor. As a guide, a person who weighs 200 pounds can have approximately 3 alcoholic units before becoming impaired and 4 units before becoming legally drunk. A person that weighs 120 pounds can only have 1 alcoholic unit before becoming impaired, or 2 before becoming legally drunk. Of course, this is a guideline only.

What is the penalty for drunken driving in Arizona?

For your first DUI conviction, you will have to pay approximately $1,860 in financial penalties. If you are sentenced to jail you will serve a minimum of 24 hours up to 10 days. Your license may be suspended for 90-360 days and the court may order the installation of an ignition interlock device. This is a device that is connected to your ignition. You will only be able to start your car by breathing into it first. It will only work if you have not consumed any alcohol at all. For second or 3rd DUI Offenses, you will be fined much more, with a minimum prison sentence of 4 months and the potential of your license being suspended for a minimum of a year. The court will also order you to install the ignition interlock device into all your vehicles before you drive again.

Be safe, not sorry.

Dog Bites and Lawsuits

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Fatal dog bite accidents in Arizona

We all love our dogs and consider them to be a part of the family unit.  Unfortunately, there are approximately 4.5 million dog bite victims every year in the United States. Almost 50% of all victims are children under the age of 12.

If you, or someone you know, is bitten, it is imperative that you have the bite checked out by a medical provider as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract, such as ringworm. Many dog bite victims suffer permanent scarring and consult with plastic surgeons. While scarring can be minimized by plastic surgery, most victims are still left with permanent residual scarring. In addition to physical injuries, many dog bite victims experience emotional trauma, lower self-esteem from visible scarring, and a lifetime fear of dogs.

In Arizona, most dog bite attacks are strict liability cases. The owner of the dog is liable for the dog’s actions whether they knew the dog was dangerous or not.  Anytime their dog bites someone they are held liable no matter the situation or circumstances. The only defense to imposing strict liability is if the dog bite victim provoked the dog into biting.  In other types of injury cases, the victim has to prove negligence in order to receive compensation.

Dog bite claims based on strict liability have a one-year statute of limitations. Subject to several exceptions, a dog bite victim must file a lawsuit within 1 year from the date of loss or his/her strict liability claim may be barred forever. Claims based on a dog owner’s negligence have a two-year statute of limitations.

Dog bite victims are typically compensated for their injuries by the dog owner’s homeowners policy. If the victim or the parents of the victim are contacted by an insurance carrier, please do not sign any document. You may be jeopardizing your health and signing away your legal rights. Since 1996, Brad Johnson Injury Law has successfully handled numerous cases involving dog bite attacks.

Please contact us immediately at (602) 650-1200 so we can compile evidence and maximize your damage recovery.