1. Millar Law, P.L.L.C.
Practice Focus: DUI/DWI defense, drug offenses, domestic violence, assault crimes, weapons offenses, criminal traffic violations
Case Types Handled: Felonies, misdemeanors, DUI/DWI (including aggravated DUI), drug possession and distribution, assault, domestic violence, weapons offenses, reckless driving, criminal speeding
Legal Services: Trial defense, plea negotiations, motion practice, pretrial intervention advocacy, sentencing mitigation, post-conviction relief
Background: Attorney Christopher Millar is a former prosecutor and military veteran who founded Millar Law, P.L.L.C. As a former prosecutor, he handled all types of criminal cases from serious felony offenses to misdemeanors. He has extensive experience in DUIs, felony offenses, assaults, domestic violence, weapons offenses, drug offenses, and criminal traffic offenses. Attorney Millar is originally from Chicago, Illinois, and moved to Arizona in 2005 when he joined the United States Air Force. He attended the University of Illinois College of Law. The firm has handled over 1,000 cases and is located in Gilbert near Ray Road and Lindsay Road.
Location: Gilbert, AZ (near Ray Road and Lindsay Road)
Contact: https://www.chrismillarlaw.com
Consultation: Free case review available
2. Tobin Law Office
Practice Focus: Criminal defense, DUI/DWI, traffic violations, drug offenses, theft crimes
Case Types Handled: Misdemeanors, DUI/DWI, traffic offenses, drug possession, theft, assault, domestic violence
Legal Services: Trial defense, plea negotiations, Gilbert Municipal Court representation, Highland Justice Court representation, motion practice
Background: Attorney Timothy Tobin has practiced criminal law for several years, providing criminal defense services in Gilbert, Arizona. He is a former prosecutor who served as the Maricopa County prosecutor assigned to Gilbert’s Highland Justice Court, where he prosecuted Gilbert Police Department and Department of Public Safety cases. This experience has given him familiarity with Gilbert Police procedures, Gilbert judges, Gilbert prosecutors, and the local court systems. The Tobin Law Office is located off the US 60 on Stapley Drive, approximately four miles from Gilbert’s criminal courts.
Location: Off US 60 on Stapley Drive, Gilbert, AZ (approximately 4 miles from Gilbert courts)
Contact: https://tobinlawoffice.com
Consultation: Free and confidential consultations, transparent flat rate pricing, payment plans available
3. Rosenstein Law Group
Practice Focus: DUI/DWI defense, criminal defense, traffic violations, drug crimes
Case Types Handled: Felonies, misdemeanors, DUI/DWI (all levels including extreme and super extreme DUI), drug offenses, vehicular manslaughter, false reporting, resisting arrest, ignition interlock violations
Legal Services: Trial defense, plea negotiations, administrative license hearings, DMV hearings, motion practice, appeals
Background: Established in 2007, Rosenstein Law Group is based in Scottsdale and serves Gilbert and the Greater Phoenix metropolitan area. The firm has over 100 years of combined experience among its attorneys. Craig J. Rosenstein, the firm’s founder, is one of only five board-certified DUI specialists in Arizona, certified by the National College for DUI Defense. He graduated from Arizona State University College of Law in 2006 and is licensed in Arizona, New Mexico, and the U.S. Federal District Court in Arizona. Attorney Jonathan Goebel is also board-certified in DUI defense. The firm has handled thousands of DUI and criminal cases throughout Arizona.
Location: Scottsdale, AZ (serving Gilbert and Greater Phoenix)
Contact: (480) 248-7666 | https://www.rosensteinlawgroup.com
Consultation: Free initial consultation available
4. The Law Office of Aaron M. Black, PLLC
Practice Focus: Criminal defense, DUI/DWI, vehicular crimes, drug offenses
Case Types Handled: Felonies, misdemeanors, DUI/DWI, vehicular crimes, drug offenses, assault, theft, white collar crimes
Legal Services: Trial defense in federal, state, and city courts, motion practice, plea negotiations, sentencing advocacy
Background: Attorney Aaron M. Black operates a boutique law firm in Phoenix that represents individuals charged with serious criminal offenses, vehicular crimes, and DUI in federal, state, and city courts. He places a strong emphasis on DUI and DUI-related criminal offenses. Aaron is an experienced criminal defense attorney with an outstanding knowledge and understanding of complex criminal case litigation, acquired through representing hundreds of individuals. He has served Gilbert and the surrounding areas for 18 years and regularly handles criminal and DUI cases involving serious consequences. Aaron has successfully defended numerous jury and bench trials.
Location: Phoenix, AZ (serving Gilbert)
Contact: (480) 729-1683 | https://www.aaronblacklawyer.com
Consultation: Free consultation available
5. The Harding Firm
Practice Focus: Criminal defense, DUI/DWI, drug crimes, sex offenses, assault, theft crimes, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug trafficking, drug possession, sexual assault, disorderly conduct, theft, assault, domestic violence
Legal Services: Trial defense, plea negotiations, motion practice, case investigation, sentencing mitigation
Background: The Harding Firm serves Gilbert and surrounding areas with criminal defense representation. Some attorneys at the firm are former deputy county attorneys, providing insights from their previous roles working alongside prosecutors. The firm handles a wide range of cases from DUI and drug offenses to serious felonies including sex assault and violent crimes. The Harding Firm works to determine the optimal approach for each case while protecting client rights throughout the legal process.
Location: Gilbert, AZ area
Contact: https://www.hardingfirm.com
Consultation: Consultation available
Criminal Defense Regulations in Arizona
Arizona requires all attorneys to be admitted to the State Bar of Arizona to practice law in the state. Admission requires passing the Arizona Bar Examination and demonstrating good moral character through a character and fitness evaluation. Attorneys must complete 15 hours of Mandatory Continuing Legal Education (MCLE) every year, with at least 3 hours devoted to legal ethics.
The State Bar of Arizona Board of Legal Specialization certifies specialists in ten practice areas, including criminal law. To become a Board-Certified Criminal Law Specialist, an attorney must have been admitted to practice law continuously for at least 7 years and have engaged in the practice of law within Arizona during the 2 immediately preceding years. Applicants must demonstrate substantial involvement in criminal law, devoting at least 50% of a full-time practice to criminal matters for the 5 years preceding the application. Certification requires a minimum of 10 felony jury trials (with 5 involving a mandatory sentence of 5 years or more), 15 evidentiary hearings with substantial contested issues, and 5 appeals or post-conviction proceedings. Certified specialists must pass a written examination and undergo re-certification every five years.
Arizona operates a public defender system through the Maricopa County Public Defender’s Office and county offices throughout the state. Defendants who cannot afford private counsel may qualify for appointed representation based on financial eligibility. The Legal Defender’s Office and court-appointed private attorneys provide additional indigent defense services.
Arizona classifies felonies into six classes. Class 1 felonies are reserved for first-degree and second-degree murder, carrying penalties ranging from 10 years to life imprisonment or the death penalty for first-degree murder. Class 2 felonies carry standard sentences of 4 to 10 years with a presumptive sentence of 5 years. Class 3 felonies carry 2.5 to 7 years with a presumptive sentence of 3.5 years. Class 4 felonies carry 1.5 to 3 years with a presumptive sentence of 2.5 years. Class 5 felonies carry 9 months to 2 years with a presumptive sentence of 1.5 years. Class 6 felonies carry 4 months to 2 years with a presumptive sentence of 1 year. Class 6 felonies are considered “wobblers” and may be designated as misdemeanors under certain conditions.
Misdemeanors in Arizona are classified into three classes. Class 1 misdemeanors carry up to 6 months in jail and fines up to $2,500. Class 2 misdemeanors carry up to 4 months and fines up to $750. Class 3 misdemeanors carry up to 30 days and fines up to $500.
Arizona distinguishes between dangerous and non-dangerous felonies. Dangerous felonies involve the use or threat of violence, deadly weapons, or dangerous instruments and carry mandatory prison sentences without eligibility for probation. Non-dangerous felonies may allow for probation depending on circumstances.
Repeat offender sentencing significantly enhances penalties. Historical prior felony convictions increase sentencing ranges substantially, with some repeat offenders facing sentences double or triple the standard range.
Arizona imposes mandatory minimum sentences for certain offenses, particularly drug crimes and crimes involving dangerous weapons. Judges must impose sentences within statutory ranges based on the felony class, prior criminal history, and presence of aggravating or mitigating factors.
Arizona allows for “set aside” of criminal convictions under ARS Section 13-905, which restores certain civil rights but does not completely erase the record. More comprehensive record sealing became available for certain offenses. Expungement options remain limited compared to other states.
Arizona maintains the death penalty for first-degree murder with aggravating factors, though executions have been subject to legal challenges and moratoriums.
Frequently Asked Questions
Q: Where will my Gilbert criminal case be heard?
A: Criminal cases in Gilbert are heard in either the Gilbert Municipal Court or the Highland Justice Court, depending on the nature of the offense and where it occurred. The Gilbert Municipal Court handles violations of Gilbert city ordinances and misdemeanors occurring within Gilbert city limits. The Highland Justice Court handles misdemeanor cases and initial proceedings for felonies occurring in the justice precinct. Felony cases that proceed past the preliminary hearing are transferred to Maricopa County Superior Court. The specific court depends on the location of the alleged offense and the charging agency involved.
Q: What are the penalties for a first-time DUI in Arizona?
A: Arizona has strict DUI laws. A first-offense standard DUI (BAC of 0.08 to 0.149 percent) is a Class 1 misdemeanor carrying a minimum of 10 consecutive days in jail (9 days may be suspended with completion of alcohol screening and education), fines and fees totaling approximately $1,500 or more, license suspension for 90 days (restricted permit may be available after 30 days), mandatory alcohol screening and education, possible ignition interlock device requirement, and up to 5 years of probation. An Extreme DUI (BAC of 0.15 to 0.199 percent) carries a minimum of 30 consecutive days in jail. A Super Extreme DUI (BAC of 0.20 percent or higher) carries a minimum of 45 consecutive days in jail. Aggravated DUI involving certain factors is a Class 4 felony.
Q: What is a dangerous offense in Arizona?
A: Under Arizona law, a dangerous offense is any felony that involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person. Dangerous offenses carry mandatory prison sentences, meaning probation is not available. Sentences for dangerous offenses are significantly longer than non-dangerous offenses of the same class. For example, a Class 2 dangerous felony carries 7 to 21 years for a first offense compared to 3 to 12.5 years for a non-dangerous Class 2 felony. Repeat dangerous offenders face even longer mandatory sentences.
Q: Does Maricopa County offer diversion programs for criminal defendants?
A: Maricopa County offers several diversion and alternative sentencing programs for qualifying defendants. TASC (Treatment Assessment Screening Center) provides drug and alcohol education and treatment programs that may result in charge dismissal for certain drug offenses. First-time offenders charged with non-violent crimes may qualify for deferred prosecution programs offered by the Maricopa County Attorney’s Office. Drug Court and Veterans Court provide treatment-focused alternatives for eligible defendants with substance abuse issues or military service. Successful completion of these programs may result in dismissal of charges or reduced sentences. Eligibility depends on the offense type, criminal history, and willingness to comply with program requirements.
Q: Can a felony be reduced to a misdemeanor in Arizona?
A: Arizona allows Class 6 felonies to be designated as Class 1 misdemeanors under certain circumstances. At the time of sentencing, the court may designate a Class 6 felony as a misdemeanor if the defendant did not inflict serious physical injury, the offense did not involve a deadly weapon or dangerous instrument, and the court determines a felony conviction would be unduly harsh. Alternatively, the court may suspend designation and place the defendant on probation. If probation is successfully completed, the court may then designate the offense as a misdemeanor. This is sometimes called a “wobbler” offense. Additionally, defendants who complete their sentences may petition for a “set aside” of conviction, which restores certain rights but does not change the felony designation or remove the record.