Criminal Law

• Criminal Defense
  If you have been charged with a crime, you may be angry, confused, frightened or all three at the same time.  Most people find the criminal justice system confusing and rely on the help of a criminal defense attorney both to explain the complicated procedures related to this type of court proceeding and to help them protect their rights.
• DUI/DWI
  While most DUIs are “simple” and result from a traffic stop or a minor accident, there are also DUIs that are considered “extreme.”  That term has a definitive legal meaning in Arizona; an “extreme DUI” is a DUI charge based on a blood alcohol content between.150 and.200 percent.  Under the Arizona Revised Statutes, Section 28-1382, extreme DUI can incur harsher penalties than a standard DUI.
• Sex Crimes
  Rape is forcible sexual contact with a person against his or her will.  While this definition seems relatively straightforward, rape cases can be some of the most complicated and complex issues facing lawyers, juries and judges due to the necessary reliance on circumstantial evidence and testimony to reach a verdict.  Most rape trials are long, drawn-out battles with no clear winners.
• Fraud
  The health care field is changing rapidly and with new regulations being implemented every day, incidents of health care fraud are likely to spike in the next five years.  Health care fraud involves potentially serious charges when a doctor, nurse, hospital administrator or nursing home manager is accused of willfully misleading an insurance company or the government about health care charges or costs.  This crime is most commonly associated with Medicare or Medicaid fraud, although private insurance fraud is also a serious offense.
• Robbery
  Simple robbery is a Class 4 Felony in Arizona according to Arizona Code 13-1902.  There are also special classifications with possible sentence enhancements for other types of robbery.  Code Section 13-1903 defines Aggravated Robbery as robbery with the help of one or more accomplices actually present during the commission of the crime and makes it a Class 3 Felony while Code Section 13-1904 classifies Armed Robbery as robbery with a dangerous instrument or weapon, real or simulated.  Armed Robbery is a Class 2 Felony.
• Burglary
  Burglary is the act of breaking into a home or other property in order to take items that belong to someone else.  Burglary is a particular type of theft that combines another criminal activity, breaking and entering, with theft.  Burglary is only charged under certain circumstances, but the state of Arizona broadens the definition of “property” to include a wide variety of locations where burglary can occur, including vending machines and rights-of-way of public areas.
• White Collar Crimes
  The term “white collar crimes” is used as a way to compare types of criminal activity by the people who tended to commit them.  “White collar” has long referred to those of the professional and business classes who wear white shirts and ties as opposed to the “blue collar” laborers in manual labor or factory jobs.   White collar crimes normally involve financial dishonesty rather than physical violence.
• Theft
• Misdemeanors
  Crimes involving both illegal and prescription drugs range from minor misdemeanors to felony charges.  The severity of a drug charge usually depends on three factors:  how much of the drug is in someone’s possession, who is using or buying the drug and if any other crimes are involved in the drug trade.
• Embezzlement
  Accounting for a company is extremely important and can easily be mishandled.  In some cases, individuals deliberately “cook the books” to hide theft or misallocation of funds.  In other cases, however, embezzlement takes place when money is never deposited in the first place; some of these incidents involve thefts that have been taking place for years without a company owner’s knowledge.
• Drug Crimes
  Drug trafficking means selling or distributing illegal drugs to others.  While trafficking usually refers to an organized operation with “professional” drug dealers, people have been accused of trafficking for selling or even giving away drugs casually among friends.
• Assault
• Murder
  “Homicide” simply means taking the life of another person.  While all homicide victims are dead, not every homicide case involves the same legal statutes or possible outcomes.  Most people have a vague idea that some killings are “justified” while others are “murder.”  Actually, the situation is more complicated than that.
• Identity Theft
• Homicide
  Homicide.  Murder is the most serious type of criminal charge possible.  A person who is accused of murder needs legal representation more than anyone facing any other type of criminal charge.
• Arson
  Deliberately burning down property is often a felony and may involve not only financial restitution but jail time and fines.
• Forgery
  Embezzlement means stealing from an employer.  It can include misuse of company funds or credit cards, forgery, or outright stealing of cash from a register or safe.  In most cases, however, embezzlement involves mishandling of company accounting practices.
• Money Laundering
  White collar crimes.  So-called “white collar crimes” are essentially non-violent offenses such as money laundering, fraud, tax evasion and other financial crimes.  A criminal defense attorney may be able to help you form a defense to these often complicated charges.
• Kidnapping
• Manslaughter
  Manslaughter charges more or less deal with situations in which someone did not “mean” to kill someone but committed some act that led to a death.  This does not necessarily mean the death was “accidental,” although there are cases of accidental death that are charged as manslaughter.  Manslaughter charges hinge on the fact that the person who committed the act was behaving in an illegal or unsafe manner at the time of the death but not one in which he or she intended to kill someone else.
• Internet Crimes
  Today most financial transactions involve some type of computer use.  Computers have come to be the most common way money is exchanged, including point-of-sale card swipers, Internet shopping carts and online bank bill paying.  With this blossoming of computer financial use has also come a new type of criminal charge:  computer and Internet fraud.
• Extortion
  Robbery is taking something from someone else by force, the use of a threat or other violent means.  Robbery usually brings to mind armed robbery with the use of a weapon, but robbery can take many forms, including extortion in which someone threatens another person in order to gain control over him or her.

Business and Corporate Law

• Corporate Law
  A criminal defense attorney may be able to help you if you have been charged with corporate fraud.  It is important not only to retain an attorney to protect you and your rights but also to ensure that the attorney you select has the knowledge and skills to understand corporate law.  A criminal defense attorney focuses his or her time on representing and protecting your legal rights in a criminal battle with corporate lawyers, the government or others who may accuse you of wrongdoing.
• Business Disputes
  It is very important that a person accused of embezzlement have representation from an attorney who has a professional understanding and knowledge of the business world.  Without a deep understanding of both criminal and business law, an attorney may not have the skills necessary to mount a successful defense against an unwarranted embezzlement charge.

Health Law

• Personal Injury
  Let the Oswalt Law Groups experienced, tenacious attorneys help you get the results you deserve. From bankruptcy to personal injury, criminal law to DUIs, our well-rounded staff will work directly with you to ensure that your case outcome meets your needs. We approach each new relationship with integrity, respect and the desire to deliver for our clients.

Finance Law

• Bankruptcy
  Need an attorney for your bankruptcy in Phoenix? When an individual, business, or family runs into serious financial problems, they may consider filing for bankruptcy. The federal government has enacted laws that allow those who are under unmanageable debt to seek relief through filing Chapter 7 or Chapter 13 bankruptcy. This opportunity has allowed many businesses and individuals in the Phoenix area to finally get their financial problems resolved and move on with a fresh start. Although in the past bankruptcy was considered a shocking solution, this is no longer the case. The current financial downturn, including huge numbers of people that lost employment, had overextended mortgages, or had massive losses in business is a common situation. Filing for bankruptcy can bring an end to the difficulties you are facing, and allow you to start over without the fear of losing property, lawsuits, garnishments and threats.
• Foreclosure
  When bankruptcy is not the right choice for you, but you are dealing with unmanageable debt that just seems to be spiraling out of control, there are alternatives to bankruptcy that can and should be explored to help you deal with potential foreclosure, repossession, wage garnishment or other legal action. While bankruptcy is a workable solution for many, there are repercussions that can make it either inappropriate or unappealing for others.
• Tax Law
  If the charge has to do with tax or accounting fraud, it is also important to secure the services of a criminal defense attorney who has experience in dealing with financial or white collar crimes.  Not every criminal defense attorney is equipped to handle these types of charges.  However, an attorney with a network of connections to the financial world and experience in handling accounting or tax matters has a much broader understanding of financial crimes than one who usually handles only violent offenses or property crimes.
• Debt Collection
  What the Fair Debt Collection Practices Act (FDCPA) does is disable debt collectors from being able to use unfair or deceptive practices when collecting debt. It was written to protect consumers from abusive treatment from debt collectors. When the act is violated, you have one year from that date to bring a suit to court against the debt collector. If you do not do so within the one year period, the statute of limitations has passed, and you will not be able to take it to court and sue.