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Tag Archives: Arizona
Man Using Circular Saw

Arizona Product Liability Personal Injury Help

Man Using Circular Saw

Our law firm handles product liability claims where personal injury or death results from a defective product. A product may be defective by design, manufacturing, or for failing to warn of certain dangers. Manufacturers of dangerous products may be liable for injuries and if their conduct in producing the dangerous product was reckless, it may also be liable for punitive damages. We handle cases against automobile manufacturers and product makers of all types of dangerous and defective goods.

Are Product Manufacturers Responsible for Defective Merchandise?

Companies that manufacture products and the designers who create them are held responsible for unsafe merchandise that they produce. There is a duty of care that must be upheld and enforced by the legal system, if there is to be a level of standards used in the goods we buy and use daily. Because life altering injuries do occur due to defective products, the law has made it so that manufacturers can be sued for pain and suffering, medical bill reimbursement, and loss of work income.

Examples of common products that are recalled due to a faulty design, include the following:

  • Automobile parts, including tires, brakes, accelerators, and other safety aspects.
  • Airplane crashes due to faulty materials or parts.
  • Side effects from prescribed medications.
  • Toys made with small choke hazards or toxic chemicals.
  • Poorly tested cribs, strollers, and car seats.
  • Construction equipment, notably power tools with defects.

Why Hire Gonzales & Poirier to Handle My Defective Product Lawsuit?

The Law Offices of Gonzales & Poirier have a great deal of experience in defective product lawsuits and the expertise to negotiate top dollar settlements with insurance providers. If you want to be fully compensated for your injuries, including any lost wages, don’t try to deal with the guilty party’s insurance company alone. Call (855) 774-5400 to speak with a lawyer about your case complimentary, any time of day. Or click here to send an email correspondence.

Truck About to Hit Car

Arizona Truck & Semi-truck Accident Personal Injury Help

Truck About to Hit Car

Trucks and semi-trucks are massive vehicles often hauling tons of equipment and goods. When these vehicles are carelessly or recklessly operated, severe injury and death can occur. Truck accidents often happen because the truck is carrying an unsafe load, poorly maintained, driving at an excessive speed, or operated by a fatigued or impaired driver. Because of their nature and size, trucks are also prone to rollovers and jack-knifing, which can cause an inordinate amount of damage and injury to surrounding motorists and pedestrians.

Stats On Trucking Accidents in Arizona

The numbers associated with trucking-related accidents is quite alarming. In 2012, Arizona experienced right around 11,000 truck-related accidents and of these, just under 100 people lost their lives and 3,200 others were injured. These figures break down to an estimated 30 truck-related accidents taking place on a daily basis across the state and an eye-opening two lives lost per week.

  • 11,000 truck-related accidents in 2008
  • Over 100 deaths occurred due to truck-related accidents in 2008
  • Approximately 3,200 injuries occurred due to truck-related accidents
  • Every day there are approximately 30 truck-related accidents
  • Each week, two people lose their lives due to truck-related accidents
  • There are over 430,000 licensed commercial vehicles.

Why Hire Gonzales & Poirier for My Truck-related Injury Case?

At the Law Offices of Gonzales & Poirier, PLLC, we are experienced accident injury lawyers that have a wealth of experience working with the other guy’s insurance company. We won’t settle for any less that the full compensation you deserve. We’ll aggressively seek compensation for loss of work, pain and suffering, and medical expenses. Don’t deal with the insurance company on your own, allow our personal injury lawyers to take the reigns on your case today! Please call (855) 774-5400 or click here to contact our law office now.

Person Drinking & Driving

Consequences for Arizona DUI Conviction

Person Drinking & Driving

In Arizona, you may be charged with varying degrees of DUI offenses depending on the level of your blood alcohol content. These charges are categorized as follows:

Driving While Impaired to the Slightest Degree

This is a class 1 misdemeanor and codified in A.R.S. 28-1381(A)(1). This offense takes place if a driver is at all impaired. Though many believe that 0.08 is the legal blood alcohol concentration limit, they might be surprised to learn that an individual with a BAC lower than 0.08 can be charged with a DUI. Furthermore, an individual need not have consumed any alcohol, but might also be charged with a DUI impaired to the slightest degree if under the influence of some other substance. Persons guilty of this offense are subject to the following penalties: a minimum sentence of 10 days in jail, a minimum fine of $250, possible restitution, two additional fees of $500 each, and the installation of an ignition interlock device on the defendant’s vehicle. As far as DUI related offenses go, this charge is the most common and if you or someone you know is charged with a greater DUI offense, they will most likely be charged with this offense as well.

DUI Blood Alcohol Content (BAC) Above 0.08 Percent

Also a class 1 misdemeanor, A.R.S. 28-1381(A) states that an individual may be convicted of a DUI “If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.” However, this offense is not limited to these circumstances, as this statute provides that an individual may be convicted of DUI if the defendant is driving while under the influence of any intoxicating liquor, drug, or vapor releasing substance; or if the vehicle driven at the time of the offense requires a commercial driver’s license and that driver’s BAC is above 0.04. Persons guilty of this offense are subject to a minimum sentence of 10 days in jail, a fine of $250, community restitution, two additional fees of $500 each, and the installation of an ignition interlock device.

Arizona Extreme DUI

Also a class 1 misdemeanor, this offense is codified in A.R.S. 28-1382 which states, “It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: (1) 0.15 or more but less than 0.20 (2) 0.20 or more.” Persons guilty of this offense are subject to the following penalties: a minimum jail sentence of 30 days, a fine of $250, an additional fee of $250, payment of restitution, installation of an ignition interlock device, and an additional fee of $1,000.

Arizona Aggravated / Felony DUI

Codified in A.R.S. 28-1383, this offense is classified as either a class 4 or class 6 felony, depending on the elements of the offense. This statute states “A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: 1. Commits a violation of section 28-1381, section 28-1382, or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked, or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385. 2. Within a period of 84 months commits a third or subsequent violation of section 28-1381, section 28-1382, or this section or is convicted of a violation of section 28-1381, section 28-1382, or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382, or this section; or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382, or this section. 3. While a person under 15 years of age is in the vehicle, commits a violation of either: (a) Section 28-1381. (b) Section 28-1382. 4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382, or this section.” Persons convicted of this offense are subject to the following penalties: a minimum sentence of 4 months in the Arizona Department of Correction, a maximum jail time of 2.5 years, mandatory drug/alcohol screening and any applicable counseling, a minimum fine of $750, an additional fee of $250, an additional fee of $1500, a three-year license revocation, and the installation of an ignition interlock device.

Further Information About Arizona DUIs

If an additional offense is committed within a specific time period of the original offense, any sentences, fees, or other penalties will become significantly greater. For instance, if someone who has been convicted of either DUI above 0.08 or DUI to the slightest degree is convicted of a second offense within a period of 84 months of the original offense, the defendant is subject to a minimum sentence of 120 days in jail, a fine of $250, 30 hours of community restitution, a revocation of driving privileges for at least one year, and two additional fees of $1,250 each.

Arizona DUI Representation

If you’ve been charged with DUI in Flagstaff, Arizona, take a moment to speak with experienced trial lawyers Gonzales & Poirier about your case. Our no-obligation consultation will help you to determine your legal situation and the possible consequences if convicted to the full extent of the law. Our lawyers aggressively negotiate with prosecutors; fighting to get your charges reduced or dismissed altogether. Please call (855) 774-5400 or click here to schedule a meeting today.

Caution Wet Floor Warning

Arizona Premises Slip & Fall Accident Personal Injury Help

Caution Wet Floor Warning

Slip and fall, also referred to as trip and fall, accidents often occur because a property owner has failed to maintain his or her premises to the standard required by law. These failures can lead to serious and permanent personal injuries, including broken bones, joint injuries, neck and back injuries, plus an array of other injuries throughout the body.

Most Common Types of Slip & Fall Accidents in Arizona

Like all accidents, slip and falls happen at a moment’s notice and in every different place; at all times of day. Some of the most popular venues or locations where slipping and falling accidents take place include the following:

  • At your place of work
  • Sports arenas and stadiums
  • Retail stores
  • Ice covered steps or sidewalks
  • In a place of business
  • Inside someone’s home
  • Densely crowded public places
  • Concert halls and music festivals

Why Hire Gonzales & Poirier for My Slip & Fall Case?

At the Law Offices of Gonzales & Poirier, PLLC, we have a great deal of experience working with slip and fall (trip and fall) accidents that occur in a variety of locations, including stairwells, parking lots, restaurants, shopping centers, sidewalks, general stores, and many more. To speak with an attorney about your personal injury case, please contact our law firm today.

Man Involved in a Car Crash

Arizona Car & Automotive Accident Personal Injury Help

Call (855) 774-5400 Immediately if Involved in a Personal Injury Accident in Flagstaff, AZ

Man Involved in a Car Crash

Motor vehicle accidents are far too common an occurrence in Flagstaff, Arizona, particularly during the winter months. A car accident and the resulting personal injuries can have a devastating effect on the lives of the victims of the accident. Our car accident attorneys assist victims in obtaining compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury attorney immediately after your accident.

Can I Pay My Attorney Fees Based On the Result of the Lawsuit?

Yes. Our firm handles most auto accident cases on a contingency fee basis. This means, you are not responsible for fees or costs if we do not obtain a recovery on your behalf. Many accident injury cases can be handled by our firm negotiating with the insurance company without having to file a lawsuit. We have many years of experience dealing with insurance adjusters and fighting for our clients rights. However, our attorneys are also experienced trial attorneys and are able and ready to protect your rights in court.

As an auto accident client of ours, you will be assigned a case manager that will work closely with you and your attorney to handle the daily requirements of your case.

What Information Do I Need to Obtain About My Accident?

In order to best assist us in handling your case, it is important that you have the following information:

  1. The exact location of the accident.
  2. The direction the vehicle(s) were traveling.
  3. The insurance information of the person that caused the accident.
  4. Your insurance information.
  5. Medical treatment information.
  6. Traffic citation information.

Please keep in mind that as a client, our firm will work closely with you to obtain any information you do not have, but it is important after any traffic accident to obtain as much information at the time of the crash as possible. Click here to read over Arizona’s Department of Transportation accident figures.

Man Charged with Aggravated Assault

Arizona Aggravated Assault Charge Penalties

Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

Man Charged with Aggravated Assault

Aggravated assault can also be known as battery in some states and it is a serious offense that is classified as a Class 3 or Class 4 felony.

In Arizona, What Causes an Elevated Aggravated Assault Charge?

There are many circumstances that can cause a regular assault charge to be elevated to aggravated assault including the use of a dangerous instrument or deadly weapon to place someone in fear or injury, causing serious physical injury and disfigurement, or a misdemeanor assault on a civil servant.

An aggravated assault charge can result in a five- to 10-year prison sentence even on one’s first offense. The sentence can be as much as 25 years in prison for a third offense.

How is Aggravated Assault Classified?

There are many conditions that can allow for Arizona law enforcement to charge an individual with aggravated assault. The main infractions that can lead to this type of assault charge are detailed below.

  • Serious physical injury takes place.
  • Use of a deadly weapon or instrument.
  • Causing temporary or long-term disfigurement.
  • The assault occurs while the victim is bound or physically retained.
  • Assault is committed after entering a private home of another.
  • An adult committing assault on a minor.
  • The accused assaults an individual in violation of an order of protection.
  • Attempting to take a peace officer’s firearm or weapon being used by the officer.
Man Facing Domestic Violence Assault Charge

Arizona Misdemeanor Assault Charges & Penalties

Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

Man Facing Domestic Violence Assault Charge

A regular assault in Arizona involves knowingly and recklessly causing physical harm to another person or touching another individual with the intent to injure, provoke, or insult. If the assault happens between two people who live together, it is known as domestic violence and the guilty party (parties) will be charged accordingly.

What are the Classifications of Assault in Arizona?

There are three misdemeanor classes for regular assault:

  1. Class 1: The most serious charge where physical injury is caused. This can lead to six months in prison along with a 3 year probation period.
  2. Class 2: This includes the threat of injury and if convicted, you could spend up to four months in prison along with a 2 year probation period.
  3. Class 3: This includes touching with the intent to injure or provoke and could lead to a 30-day spell in prison along with 12 months probation.

Why Did I Get Charged with Assault?

If you conduct one or more of the following forms of assault, you can face the maximum sentence allotted by Arizona law. This is why it is imperative that you speak with an experienced trial attorney prior to fighting the charges on your own.

  • Causing physical injury to someone else – whether recklessly, intentionally, or knowing it some form or fashion that injury would result from a specific action.
  • Putting someone else in imminent danger with reasonable apprehension.
  • Injuring, insulting, or provoking someone else by knowingly touching him or her.

Arizona Threatening & Intimidating Charge Penalties

Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

Man Charged with Threatening & Intimidating Assault

If you threaten or intimidate an individual or their property you can be charged with a Class 1 misdemeanor in the State of Arizona.

Threatening & Intimidating by a Gang Member in Arizona

If the threat is made by a gang member or against a witness to a crime, the charge can be increased to a Class 3 felony which carries a 3.5-year prison sentence. Even causing a major public inconvenience, such as committing an act that causes evacuation of a public building can classified as assault.

How is Threatening or Intimidating Classified in Arizona?

In Arizona, a person is charged with threatening or intimidating if he or she threatens or intimidates by words or action, including the following instances:

  1. The cause of physical injury to someone else or severe property damage belonging to another person.
  2. Causing a serious public inconvenience, which could include the evacuation of a public location, assembly area, or transportation hub.
  3. Causing physical injury to someone else or severe property damage with the intention of promoting another person to participate in an illegal street gang, racketeering business, or criminal syndicate.

Arizona Endangerment Charge Penalties

Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

Criminal in Handcuffs for Endangerment

This classified as an act that endangers someone and places them at risk of physical injury. It is a form of assault and is a Class 1 misdemeanor. If you are found guilty, you could face up to 12 months in prison.

Felony & Reckless Endangerment in Arizona

Felony or ‘reckless’ endangerment is behavior that causes a risk of imminent death and can also result in a 12-month prison sentence. The difference is that it is classified as a Class 6 felony, which means you become a convicted felon; this has major repercussions on the rest of your life.

Cause for Reckless Endangerment Charge in Arizona

In order to receive a charge of reckless endangerment in the state of Arizona, one must be guilty of the following infraction.

  1. When recklessly endangering someone else with substantial risk of physical injury or imminent death.

Endangering someone with substantial risk of imminent death is considered a Class 6 felony in the state. All other forms of endangerment are deemed as a Class 1 misdemeanor.

Scales of Justice & Gavel

Arizona Murder Charge Penalties

Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

Scales of Justice & Gavel

A murder charge is unquestionably the most serious crime you can be convicted of in the state of Arizona. If you’ve been charged with murder, contact our law offices as soon as possible to have our homicide defense lawyers begin working on your case immediately. There are two separate murder classifications of murder – First Degree and Second Degree.

First Degree Murder in Arizona

This is also known as ‘Murder One’ and is a crime that can be punished by the death penalty in Arizona. You can be found guilty of first degree murder if you knowingly and intentionally caused the death of another person in a premeditated manner. You can also be convicted of this crime for killing a police officer or an unborn child. It is a Class 1 felony and capital punishment is used in Arizona. Alternatively, you could receive life imprisonment without parole or with parole possible after 25 years.

Second Degree Murder in Arizona

The circumstances surrounding second degree murder are similar but this charge occurs when there is no premeditation. You can be found guilty of second degree murder if it is proven you intentionally killed someone or acted with indifference to human life. A conviction for this crime results in a 10- to 22-year prison sentence with an extra five years added if the victim is under the age of 15 or is an unborn child.

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