Phoenix Road Rage Lawyer
A Phoenix road rage lawyer can help if you are charged with reckless or aggressive driving or another criminal offense due to road rage. Road rage itself is not inherently illegal in Arizona, so many drivers are surprised when they are arrested for the actions they took while being angry. Driving can be stressful and frustrating, but it is important to keep a check on your emotions and avoid reaching angrily when other drivers behave dangerously on the road.
Learn the Legal Consequences for Road Rage
Hire an Expert Phoenix Lawyer for Road Rage Offenses
Phoenix criminal defense attorney Howard Dworman has significant experience helping drivers navigate criminal cases, and we understand how stressful these situations are. A mistake in the heat of the moment should not affect the rest of your life. Our firm can work to limit the effect that a conviction has on your life by minimizing the penalties or working on a defense that gets the charges against you dropped. Our goal is to look at every option to find the most favorable outcome.
You may be facing a charge for reckless driving, aggressive driving, endangerment, or even assault. Howard Dworman can fight for your interests and provide diligent legal representation. He will use his resources and years of knowledge and experience to find the defense that most effectively protects you.
What is Road Rage?
In general, road rage is aggressive behavior by people driving motor vehicles. Most often, it involves physical or verbal anger directed at other drivers, motorcyclists, bicyclists, and pedestrians. These aggressive acts often result in traffic crashes and even violent physical confrontations that can result in serious injury and even death.
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Is Road Rage Illegal In Arizona?
The State of Arizona does not have a specific “road rage law.” This means there is no criminal statute that sets forth specific elements of the crime. However, there are many behaviors and types of conduct that can result in criminal charges against a driver exhibiting impulsive and dangerous behavior on the roadways.
Depending on the exact behavior, a driver could be charged with crimes while operating a motor vehicle such as:
- Reckless driving, Title 28-693
- Aggressive driving, Title 28-695
- Disorderly conduct with a weapon, Title 13-2904
- Misconduct with a weapon, Title 13-3102
- Endangerment, Title 13-1201
- Assault, Title 13-1203
- Aggravated assault or aggravated assault with a weapon, Title 13-1204
What are the Penalties for Road Rage in Arizona?
Certain road rage offenses can lead to felony penalties, while others may be misdemeanors or just traffic citations. The criminal charge depends on the severity of the aggressive behavior and the impact on the road rage victims.
The most serious charges are felony offenses. Understanding the criminal consequences of these offenses is crucial if you are being charged. The relevant felonies related to unlawful driver behavior include:
- Class 6 Felony: A Class 6 felony has a presumptive sentence and a maximum sentence. Endangerment can be charged as a Class 6 felony when there is a significant risk of death. Misconduct involving weapons is a Class 6 felony when the deadly weapon is in someone’s immediate control and used in a serious or violent offense. This offense is also a Class 6 felony when a deadly weapon is defaced.
- Class 4 Felony: A Class 4 felony has a presumptive sentence, with a maximum sentence and a minimum sentence. Misconduct involving weapons is a Class 4 felony when the individual possessing the weapon is a prohibited person, such as a convicted felon. Aggravated assault is charged as a Class 4 felony when the offense results in disfigurement or the loss of an organ or another body part.
- Class 3 Felony: A Class 3 felony has a presumptive sentence, but it could result in a range of imprisonment terms. Aggravated assault causing serious physical injury, with the use of a deadly weapon, dangerous instrument, or simulated deadly weapon, is charged as a Class 3 felony.
- Class 2 Felony: Class 2 felonies have a presumptive sentence and a maximum sentence. A Class 3 felony aggravated assault offense becomes a Class 2 felony offense if the victim is under the age of 15 or a law enforcement employee or officer.
The maximum sentences for felony convictions can be increased if the offense is aggravated. Felonies also have a fine that is fixed and set by the court, and it cannot exceed $150,000. Many times, the prosecutor will charge a person with a more severe offense than was committed and push for a higher sentence.
Phoenix road rage lawyer Howard Dworman can help if you are charged with a road rage offense. He will defend your charges by having them dismissed or have them reduced to a lesser offense with smaller penalties. Hire Howard now to give you the best chance to beat the charges so you do not receive an unfair sentence.
Other Consequences of Road Rage Convictions
Felony offenses for road rage have other consequences besides criminal penalties. They may result in the suspension of your driver’s license, high insurance rates for several years, and required anger management courses.
If you are convicted, you will have a criminal record. This can have collateral consequences on many areas of your life, potentially for the rest of your life. A criminal record can:
- Harm your current employment.
- Affect your future employment opportunities.
- Bar you from certain fields of employment.
- Affect your acceptance to higher education.
- Affect certain housing applications.
- Affect your ability to get loans.
The criminal and collateral consequences of felony convictions are not to be taken lightly. It is crucial that you find an attorney who knows how to handle cases involving these offenses and how they relate to road rage. A legal professional can help you navigate the criminal justice system and potentially avoid these long-term consequences.
What are the Defenses Against Road Rage Charges?
Determining which defense strategy is right for you will depend on the specific offense and the circumstances of your arrest. Your Phoenix Road rage defense attorney will listen to your account of event, interview witnesses, review surveillance video, and gully investigate your situation to determine if you were properly charged with the offense.
Some potential defenses against road rage charges for aggressive driving or even assault could include:
- Self-defense or defense of others. If you are charged with assault, but you were acting with reasonable force to protect yourself or others from immediate harm, this is a valid defense.
- Insufficient evidence. For the prosecution to convict you, they must prove you are guilty beyond a reasonable doubt. If there is not enough evidence to support this burden of proof, you cannot be convicted.
- Mitigation by provocation. One defense may be explaining the actions taken by the other drivers, which then led to and provoked the road rage incident. This may limit the severity of your penalties in some cases.
- Constitutional violations. These can include violations by officers during the arrest, gathering of evidence, and investigation. If an arrest or evidence was secured because of illegal rights violations or an officer failed to read you your rights, then certain evidence could be inadmissible. If enough evidence is inadmissible, the prosecution may drop the charges against you.
What Happens if Your are Reported for Road Rage in Arizona?
If you are reported for road rage in Arizona, several things can happen depending on the severity of the incident, the evidence available, and whether anyone was injured or threatened. Here’s a breakdown of what you can expect:
Initial Police Response
If someone reports you for road rage in Arizona, the police may take quick action depending on how serious the report is. They might track you down using your license plate number or vehicle description. An officer could contact you directly to get your side of the story, especially if the other driver has already filed a complaint. In some cases, law enforcement may visit the scene if the incident involved a crash, a physical threat, or the use of a weapon.
Police will gather evidence, which may include witness statements, dash cam or surveillance footage, and photos. If they believe a crime occurred, they can either arrest you right away or send charges to the prosecutor to review.
Possible Criminal Charges
If you’re reported for road rage in Arizona, you could face several criminal charges depending on what happened. These charges can range from misdemeanors to felonies, and the penalties can be severe.
Driver's License Consequences
The Arizona Department of Transportation (ADOT) may suspend or revoke your license depending on the nature of the offense and your driving record.
Court Appearance
If you are charged with a crime related to road rage in Arizona, you’ll be required to appear in court. It’s important to have a Phoenix road rage lawyer represent you as early as possible. Without a strong legal defense, you could face serious consequences like jail time, expensive fines, probation, or a permanent mark on your criminal record.
Protective or Injunction Orders
If you’re involved in a road rage incident, the other driver or person involved might request a protective order or an injunction against harassment. This is a legal order from the court that could limit your contact with them.
Do I Need a Phoenix Road Rage Defense Lawyer?
If you were charged or accused of road rage in Phoenix, don’t take it lightly. Even if you think the incident was a misunderstanding or that no one was hurt, Arizona prosecutors take aggressive driving and road rage cases seriously. It is critical to contact a Phoenix road rage lawyer as soon as possible. The right attorney can help you understand the charges, avoid mistakes, and build a strong defense from day one.
When you hire Dworman Law, we will:
- Build a customized defense strategy based on the facts of your case. This could include proving lack of intent, disputing evidence, or highlighting your clean driving and legal record.
- Help you avoid mistakes that can hurt your case, such as contacting the other driver, speaking to police without legal advice, or sharing too much on social media.
- Challenge any protective or release orders filed against you.
- Work to reduce the impact of the arrest and minimize the potential penalties.
- Ensure your rights are protected at every step of the legal process.
Even if you’re facing charges like reckless driving, endangerment, or assault due to a road rage incident, you still have legal options.
Get the Best Phoenix Road Rage Lawyer Today
As an experienced Phoenix Road Rage lawyer, criminal defense attorney Howard Dworman understands what’s on the line. With a strong background in law enforcement and a relentless approach to defense, he’s the advocate you want by your side when a mistake on the road turns into a criminal case.
Do not let a charge turn into a conviction. If you are facing accusations or charges of aggressive driving, endangerment, or related offenses, Dworman Law will build a strategic defense tailored to your situation. Our goal is simple: minimize the impact on your life and help you move forward with confidence.
Call (480) 256-2449 today to speak directly with Phoenix road rage lawyer Howard Dworman and get the guidance you need. You need a tough and aggressive attorney to help you beat these charges and avoid serious criminal penalties and fines.
Arizona Criminal Road Rage FAQs
Is road rage a criminal offense in Arizona?
No, road rage is not explicitly a criminal offense in Arizona, but it can be an aspect of a criminal charge of aggressive driving or reckless driving.
What is the difference between road rage and aggressive driving?
Road rage is violent behavior on the road, which can sometimes cause or result from aggressive driving, while aggressive driving is operating a vehicle in a dangerous way. Aggressive driving does not require road rage.
Can I go to jail for road rage in Arizona?
You can go to jail or even face prison time depending on the severity and consequences of your road rage. If your aggressive driving results in injuries or death to another, you will likely be charged with a felony office with potential criminal penalties that could involve incarceration.
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Howard Dworman, J.D., Criminal Defense Attorney
Howard Dworman J.D. is an award-winning Phoenix, Arizona criminal defense lawyer. He has been named a Rising Star by Super Lawyers, Top 100 Trial Lawyers, and has a perfect 10.0 AVVO rating. He aggressively defends people charged with DUI, misdemeanors, and felony offenses.
Howard can help you if you were arrested or charged with criminal assault in the cities of Phoenix, Scottsdale, Gilbert, Tempe, Goodyear, Prescott, and Florence and in Maricopa County, Yavapai County, and Pinal County.
Good people make mistakes. At Dworman Law, we work hard to ensure that one bad night does not destroy your future.