How Defense Lawyers Challenge Overcharging in Arizona Cases

Many people charged with a crime in Phoenix are surprised by how serious their initial charges look. Early charging decisions often happen quickly and with limited information, which can lead to allegations that seem broader or more severe than the underlying facts eventually support.

When someone is arrested, prosecutors must make charging decisions based primarily on the police report and whatever early evidence is immediately available. That information is often incomplete. Officers may still be collecting statements, lab results may not be finished, and critical context may not appear anywhere in the initial paperwork.

To avoid undercharging at this early stage, the State frequently files:

• The highest charge the available facts can legally support
• Multiple counts based on a single incident
• Enhancement allegations that may be re-evaluated later

How Overcharging Functions in the Early Phase of a Case

Arizona’s sentencing structure creates a strong incentive for prosecutors to file the most serious legally supportable charges early. Sentencing ranges can increase sharply with higher felony classes, alleged dangerousness, prior convictions, or enhancement allegations.

Filing broadly keeps all options open until the State has a clearer understanding of what evidence will be admissible and how the allegations fit within Arizona’s statutory framework. It also gives prosecutors more leverage during plea negotiations, since at first glance the charges can appear much more severe than they ultimately end up being once the investigation is concluded.

Also keep in mind that statutory enhancements attached at the beginning can potentially be removed if future evidence changes their applicability.

Examples of Overcharging

• A case may begin with a Class 2 or Class 3 felony even if the eventual resolution fits a lower felony class or a misdemeanor.
• A defendant may see multiple counts listed, even if later review shows they arose from the same alleged conduct.
• Enhancement allegations may appear even before the State verifies prior records.

Unfortunately, overcharging often influences pretrial decisions. Higher charges may affect release conditions, potential plea structures, and the level of supervision imposed.

As more evidence is gathered, such as body-camera footage, forensic reports, witness statements, and digital evidence, defense counsel can begin identifying where charges no longer match the available facts.

When Your Lawyer Can Start Pushing Back on Excessive Charges

In many Phoenix cases, the most significant movement on charge severity occurs after:

• Initial disclosure
• Pretrial conferences
• Motions challenging probable cause or enhancements
• Negotiations once both parties understand evidentiary strengths and weaknesses

Signs Your Case May Be Overcharged

• A felony class that appears disproportionate to your conduct
• Multiple counts that arise from a single act
• Intent or knowledge elements that do not clearly appear in the early report
• Enhancement allegations that don’t apply to you
• Charges that turn out to be inconsistent with disclosure

Although it may feel unfair when you’re the one being overcharged, the practice is not considered legally improper in Arizona.

Defendants do need to keep in mind that overcharging does not always resolve on its own. Prosecutors may pursue charges or leave enhancements that don’t reflect what actually happened or your record. In those cases, it will be up to your defense attorney to challenge the severity of the charges as the case progresses.

How Defense Lawyers Challenge Overcharging

A central aspect of a criminal defense lawyer’s job is to determine what allegations are actually supported by the evidence. Your attorney should file motions to strike unsupported counts, challenge enhancement allegations, or request dismissal of duplicative charges.

They may also present mitigating or clarifying information that was not available to the prosecutor at the time charges were filed.

Other strategies include:



• Contesting the State’s interpretation of intent or mental state
• Arguing for lesser-included offenses when supported by case law
• Highlighting gaps or contradictions in early reports
• Addressing issues at preliminary hearings or through grand jury challenges when appropriate
• Negotiating reductions once disclosure clarifies which charges remain viable

Many of these actions can only be taken during the middle stages of the case, after your attorney has been given all the evidence in discovery.

Why Early Legal Representation Matters for Defendants in Phoenix

Criminal defense attorneys do more than review evidence for weaknesses or identify issues that may raise reasonable doubt. They should also be protecting you from unusually severe charges that don’t align with the facts of the case.

Early involvement allows your defense attorney to challenge enhancements, seek dismissal of unsupported counts, or begin the negotiation process once disclosure reveals the true strengths and limits of the State’s case.

If you or a family member need guidance on charge severity, contact Arizona Board-Certified Criminal Defense Attorney Michael Alarid III at (602) 818-3110 for a free case evaluation.