Articles Posted in Assault Charges Arizona

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In a recent case coming out of an Arizona court, the defendant appealed his conviction for aggravated assault on a police officer. On appeal, the defendant argued that the judge in the lower court should have informed the jury that they could have reasonably found he was acting in self-defense against the police officers. Considering this argument, the higher court concluded that the self-defense instruction was not appropriate, and the defendant’s appeal was denied.

Facts of the Case

According to the opinion, law enforcement received a service call to investigate the defendant’s fifth-wheel trailer in a backyard. A police officer arrived at the scene, knocked on the trailer door, announced that he was from the police department, and ordered the defendant outside to talk.

The officer informed the defendant that he was under arrest. When the officer began putting the defendant in handcuffs, the defendant threw his elbows out, pulled away, and turned on the officer. A fight ensued. At one point, the defendant struck the officer with several solid objects. The officer then drew his pistol and fired a single round into the defendant’s neck.

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In a recent aggravated assault case coming out of an Arizona court, the defendant appealed his guilty verdict. On appeal, the defendant argued that the trial court failed to properly instruct the jury that decided his case. The higher court agreed that the trial court should have given more instruction to the jury, but ultimately decided that the defendant would have been convicted either way.

Facts of the Case

According to the opinion, the defendant in this case was charged with aggravated assault after he approached an acquaintance in the drive-through of a restaurant and punched him in the face. The acquaintance responded by punching the defendant back, which led the defendant to grab a knife, cut the acquaintance’s finger and wrist, and slice through the acquaintance’s shirt.

Eventually, others in the drive-through intervened, and the defendant ran from the scene. The acquaintance himself caught up to the defendant and brought out his own knife, but then put it down before taking any action. Officers came to the scene and the defendant was arrested. The acquaintance went to the hospital and received seven stitches on his finger and one on his wrist.

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Arizona Supreme Court Limits Admissibility of “Cold” Expert Testimony
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If you were arrested for domestic violence or assault, the prosecution may attempt to use profiling evidence or “cold” expert witness testimony against you.

Profiling evidence  and “cold” expert witness testimony is not always admissible.  The decision about admissibility is a decision for the court.  When making this determination the court will consider the rules of criminal evidence, content, relevance and objectivity of the testimony.

If improper witness testimony is admitted, it can potentially lead to an unfair guilty verdict. Therefore,  proper challenges should be made as to the admissibility of planned expert witness testimony.

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Aggravated Assault, Weapons Misconduct, Domestic Violence, Failure to Obey Police Orders: Laws, Penalties, and Criminal Defense in Arizona
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In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

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Police crack down on violence, assaults and disorderly conduct in Arizona bars.

Most people visiting a bar in Maricopa County, don’t intend to commit a crime, or get in a fight with another customer, it often ends up that way. Alcohol or drugs can easily impact judgment and behaviors, and things can quickly get out of hand, and escalate to violence, assault, and worse.

As part of the Safe and Sober Campaign efforts still underway in Tempe, and East Valley Cities, Police and Maricopa County Deputies are monitoring bars closely to prevent violence, and other crimes, and make arrests.

Earlier this year, the actor Jason London (perhaps best known for his role in Dazed and Confused) got into a bar brawl in Scottsdale, Arizona and punched a bouncer as well as police officers. He was left with visible injuries and claimed he was the victim.

Arizona prosecutors charged him with assault–assaulting a peace officer is a serious felony. However, before trial, he reached a plea deal with prosecutors who dropped the assault charge in exchange for him pleading guilty to the much lighter charge of disorderly conduct. He was ordered to attend an alcohol treatment program and pay fees.

What constitutes disorderly conduct in Arizona? This subjective charge describes all kinds of behavior that law enforcement officers believe are inappropriate for a particular public setting. It can include scenarios like the drunken bar brawl described above. Arizona Revised Statutes (ARS 13-2904) lists these other acts as disorderly conduct:

• Engages in fighting or violence or disruptive behavior
• Makes an unreasonable amount of noise for the situation
• Employs abusive communication such that it’s likely to provoke another person to retaliate physically
• Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession
• Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency
• Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

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High profile recruits brought in from MCSO. Sheriff vows to stay “as long as it takes.” Tempe Police resources are stretched past their limits. Residents and students are fed up with living under the threat of increasing violence, and crime. Over the past year, there have been a number of startling and significant acts of violence, including aggravated assault and similar crimes in Tempe, at Arizona State University and areas nearby. Some of these crimes have been associated with excessive alcohol intake by students, including both perpetrators of violence and their victims.

Crime Suppression Operation Details
Alcohol related crimes including DUI, underage drinking, drug crimes disorderly conduct, Aggravated Assaults, and other criminal offenses have plagued ASU, and Tempe. Among them, the most serious crimes have ended in death. These crimes, especially violent and dangerous crimes have become so problematic that the Police Chief, Tom Ryff has requested assistance and resources from the Maricopa County Sheriff’s Office (MCSO) Sheriff Joe Arpaio has agreed to provide resources and to team up with Tempe Police to combat the out-of-control crime in Tempe AZ. Beginning this evening The Maricopa County Sheriff’s Department will begin a “Crime Suppression Operation” But this time with the help of Deputies and Officers from MCSO. There is even talk that the campaign will last the remainder of the fall 2013 semester.

If you thought you saw a lot of police officers in the area, during last months “Safe and Sober” campaign which was said to include an historical number of officers, prepare to see a lot more than that in this sting. One can expect to see Tempe Police Officers and MCSO Deputies on many streets, sidewalks, horseback, bicycles, motorcycles, squad cars, vans, in and around bars, and parties. They will be looking to prevent violence, disorderly conduct, alcohol related offenses and to make as many arrests as possible.

The command post for the operation will be set up at the Tempe Fire Station Training Facility near the cross streets of University and Dorsey, beginning Thursday September 12, 2013. Sheriff Joe Arpaio vows to continue the sting “as long as it takes to get campus partying under control”.

Law Enforcement Focus: Underage Drinking, Disorderly Conduct, and Violent Crimes

Aggravated Assault is a Felony and considered a violent crime against a victim. All victim crimes call are serious and call for harsh punishments if convicted in Arizona. Violent Crimes have become rampant in Tempe AZ. Assault and Aggravated Assaults involving students and Tempe residents have been alarming and on the rise. Last week, for example, a 19-year-old male student was assaulted near Apache Boulevard and Rural Road, in Tempe AZ.

A surveillance video shows that several young men encountered the student in a lobby and then three of them forced him to get into an elevator. Two of them stepped inside the elevator. The student tried to fight back, but he was brutalized. When the door opened a few floors up, a witness saw two young men standing over the victim with blood on their hands. The victim was left unconscious and ultimately needed to have his broken jaw wired shut.

The victim, believed to be a member of a fraternity on probation, was also very drunk when the police contacted him at the hospital. He couldn’t remember much about what had happened nor who had beaten him. The Tempe police department has made statements suggesting that the rise in violent activity on the ASU campus is linked to alcohol use. The fraternity to which the victim belonged was on probation because officials believe a fraternity member threw a bottle of liquor into a fire and burned two girls. One of the perpetrators in this case is also believed to be a member of a different fraternity.

The Link between Alcohol and Violence

The link between alcohol and violence is not entirely clear. However, a number of separate findings suggest that young people especially should be very conscious of how much alcohol they consume. For certain personality types at least, there is a risk of more severe violence as a result of drinking.

According to the National Institute on Alcohol Abuse and Alcoholism, there is a greater risk for violence among young adults ages 18-30 than in any other age group. Lab research dating back 15 years shows that intoxicated persons are more aggressive than sober people. While alcohol was not found to be an instigator of violence, the more drinks a male consumed in the study, the more severe the injury to himself and to others. Alcohol may be a facilitator of particularly aggressive behavior though it may not cause it.

Aggravated Assault Laws and Criminal Penalties in Arizona

The beating such as the one described in this article would likely to be charged as felony aggravated assault. While many assaults are misdemeanors, under Arizona law, a person can be charged with aggravated assault if someone “knowingly, recklessly, or intentionally” causes a serious physical injury to someone. There are a number of other specific circumstances that elevate an assault to aggravated assault, including use of a deadly weapon, causing disfigurement or impairment or a bodily organ, or committing assault while a victim is bound.

Criminal Charges of Aggravated Assault in violation of A.R.S. 13-1204 can range of charges from Class 6 felony (least severe) to Class 2 felony (most severe). A Class 6 aggravated assault conviction can lead to prison terms from 18 months to 3 years. A Class 2 aggravated assault conviction, however, can lead to a prison term of 7 to 21 years. Class, 5, 4, and 3 aggravated assault offenses are punished with terms of imprisonment between these two poles. Aside from imprisonment, a perpetrator of aggravated assault can be fined up to $150,000 and, depending on the severity of the injuries caused, victim restitution.

Other Consequences of violent crime convictions

Legal battles are just the tip of the iceberg when it comes to consequences of a conviction. The severity of the punishments in an aggravated assault conviction can affect you if you are a college student or any other person. A felony conviction can affect your ability to finish college and go to graduate school, reduce your employment opportunities, particularly in professions where background checks are conducted such as law and teaching, impact your ability to possess a gun, and result in significant social stigma. Felony criminal records follow a person for many years into the future. They also result in loss of some civil rights that person who otherwise enjoy such as loss of the right to vote, and the right to possess or carry a firearm. A person convicted of an aggravated assault many also be ordered by the court to pay restitution to the victim in the form of medical bills, or property damage. The defendant may also be sued in civil court by the victim for damages or by the victim’s family in the event the incident leads to death of the victim.

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A person will face “Dangerous Offense” Aggravated Assault charges if a deadly weapon is displayed or used in a crime.

An assault charge may be brought as a Misdemeanor or Felony (Aggravated). A person may be guilty of misdemeanor assault if they put someone in fear of bodily harm, touch someone with the intent of physical injury, or cause any physical injury to someone.

An assault charge will be elevated to a felony assault, a more serious charge, if they commit simple assault and any of eleven enumerated circumstances are present. Among these circumstances include: a serious personal injury results, a deadly weapon is used, or the assault is made on a law enforcement officer.

Recently in Arizona, a man allegedly threatened to kill a couple during a home invasion. Fortunately, neither was hurt. It was reported in the news, that the man broke into the house wearing only blue jeans and a blonde wig and carrying a gun. At some point the husband was able to retrieve his own gun and he shot the man who broke in.

The suspect ran from the scene and hid in a woman’s house nearby before the authorities caught him. He will face two counts of aggravated assault with a deadly weapon or dangerous instrument, two counts of kidnap-apprehension of injury and one count of burglary.

If the man in this case had come in without a gun, threatening to kill the husband and wife, he would be facing fewer potential penalties. In such a case, he might be charged with simple assault and burglary for placing the couple in fear for their life. In cases where a deadly weapon is involved, penalties can be very severe depending on the defendant’s prior record.

Many aggravated assaults are charged in spite of no actual injury to the victim. If convicted, a person guilty of committing an offense such as the this one described, will still be exposed to long term mandatory prison sentencing, despite the fact they were not injured. Even a first-time offender may face 5-15 years in prison. However, someone who had been convicted of a “dangerous offense” even once before could face 10-20 years in prison For a third conviction, a defendant could be penalized with a prison term of 15-25 years.

Arizona has followed a mandatory sentencing scheme for decades. It requires mandatory prison for people found guilty of a second felony or people who are guilty of “dangerous crimes”. A person may be guilty of a “Dangerous Offense” under A.R.S. 13-105 (13) if a deadly or dangerous weapon is used, or displayed as a threat in a criminal offense. This includes, of course, guns, but also knives and cars and anything else intended to be used as a dangerous weapon.

In addition to mandatory minimum sentences for crimes like aggravated assault with a deadly weapon, a court may consider aggravating or mitigating factors in meting out a sentence. Mitigating factors might include a lack of a criminal record, good character, or model background. For example, if the man described above was a straight A college student with no prior felony or misdemeanor arrests and a background of charitable work, an experienced criminal defense attorney could argue that he should receive the minimum sentence for aggravated assault available to him. Similarly, a defense attorney who was able to show a connection between a troubled childhood and the aggravated assault might also be able to argue for the lowest possible sentence.

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Driving drowsy isn’t a crime. But it can lead to other serious vehicular offenses including DUI or reckless endangerment.

The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious injury or death involving auto accidents.

While drowsy driving is not a crime itself, it could lead to the commission of serious vehicular crimes such as DUI charges, reckless endangerment, aggravated assault, or vehicular homicide.

Warning signs of both driving drowsy and DUI are often similar in nature. Drowsy driving can lead to DUI charges, even if a person was not in fact, impaired to the slightest degree due to intoxicating alcohol or drugs.

How to avoid Drowsy Driving

• Recognition of warning signs and prevention;
• Get adequate sleep. Drivers should ensure that they get enough sleep (7-9 hours)
• Be aware of increased risks such as commercial driving, long shifts or nightshift work;
• Seek medical attention for untreated sleep disorders;
• Do not drive while under the influence of sedating medications;
• Do not drink spirituous liquor prior to or while driving;
• Take precautions and prepare for days or nights of long distance driving such as getting extra rest and sleep before driving;
• If you are a high risk driver due to your work hours, arrange for alternative rides home with a friend or family member, bus, taxi, or other trusted and responsible person.
• If you are in a high risk group for driving get enough rest and sleep before and after your shift.
• If you are driving and unexpectedly find you are driving drowsy, pull over in a safe place will lit location; preferably a rest stop or motel if possible, to sleep until you are feeling alert enough to drive again.

Warning Signs of Driving Drowsy

• Frequent yawning;
• Frequent blinking;
• Difficulty remembering the past few miles you drove;
• Missing planned exits;
• Drifting from one’s lane;
• Hitting rumble (wake-up) strips;
• Staring or tunnel vision;
• Inability to remember recently past road signs;
• Drifting or weaving across lanes without realizing it.

DUI v. Drowsy Driving

The National Highway and Traffic Safety Administration (NHTSA) researchers identified at least 100 driving cues that have been found to be associated with a Drunk Driving, or impaired. The signs or driving behaviors identified were presented and separated into four main categories:

• Weaving or drifting, and problems maintaining proper lane position;
• Speeding or difficulty braking when needed;
• Vigilance problems such inattentiveness;
• Difficulties with Judgment and decision making skills
Many of these signs are displayed by motorists who are driving while drowsy or tired. As result, a police officer could mistakenly suspect that a driver is under the influence of intoxicating alcohol or drugs. If the officer has probable cause to conduct a DUI blood test and trace compounds of a drug defined under Arizona law, in the person’s system, they are at risk of a DUI. Further if a person had only one drink of intoxicating liquor, which did not result in driving impaired to the slightest degree, they could be mistakenly determined to be driving impaired. A non-underage 21 person will be forced to defend their charges in court, even though they were driving drowsy and not impaired due to blood or alcohol.

DUI Defense Attorney for Charges in Gilbert AZ
If you have been arrested for DUI, or any vehicular criminal offenses in Arizona, you should retain a qualified and experienced criminal attorney to defend your charges. DUI laws and penalties are among the harshest in the country. Your criminal defense lawyer will defend your charges, and protect your rights. There may be defenses you are not aware of that could lead to a dismissal of charges or other favorable outcome in your case.

Additional Resources:

• Gilbert Arizona Traffic and DUI Unit

• Gilbert AZ Criminal Court Processes

• DUI and Drowsy Driving – Laws and Criminal Defense in Arizona

• National Centers for Disease Control – Drowsy Driving Report January 2013

• National Highway Traffic and Safety Administration (NHTSA)

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Aggravated assault charges are assault charges that involved “aggravated factors” which elevated a Misdemeanor to a Felony. One aggravating factor that will raise a misdemeanor to a felony assault is if the offense was against a police officer. These types of charges carry long term prison sentencing and exorbitant fines. Conviction for this offense is egregiously pursued by the State of Arizona and Prosecution.

Felony Assault against a Police Officer A.R.S. § 13-1204 (A)

A person is guilty of aggravated assault if they commit assault as defined in
A.R.S. § 13-1203 Assault, and knows or has reason to know that the victim is a police officer, or peace officer professionally engaged in their official duties; and
• A person causes serious physical harm or injury to the officer; or
• A person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment, body organ or part or a fracture of any body part; of the officer; or
• A person uses a deadly weapon or dangerous instrument against the officer; or
• A person takes or attempts to gain control of a police officer’s firearm or other weapon.

Penalties for Felony Assault

Charges for Felony Assault may range from a Class 6 felony to a Class 2 felony which is more severe. The only charges higher than Class 2 are Class 1 felonies which are reserved for the most serious of crimes, homicide.

Depending on the seriousness of the assault, and number of offenses, and other factors, sentencing may include prison terms of 1.5 to 3 years for a Class 6 felony; and 7 to 21 years in prison for a Class 2 felony.

Fines for conviction may be ordered as high as $150,000.00, plus victim restitution, costs; fees; assessments, counseling, probation or parole; community service; and other harsh penalties.

If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Tempe court determines is necessary and appropriate.

Criminal Defense Attorney Felony Assaults Phoenix AZ
It is imperative to consult an experienced criminal defense attorney if you face aggravated assault charges. You can discuss your matter, and they will provide you with options for defense. If retained, they will protect your rights; make sure you are treated fairly; defend your charges; and look for evidence in your favor. They will represent you through the proper channels of the criminal justice system. There may be defenses that can be used, could lead to dismissal of charges; reduction in penalties or other favorable outcomes. For charges of this serious nature you should retain qualified legal representation as early as possible so they may begin working on your defense. This will also help you to avoid any unintended self-incrimination that could harm your case.

Resource Links:

Arizona Revised Statutes
Law Office of James Novak – Assault Laws and Penalties

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A Simulated Explosive Device (SED) is a “Prohibited
Weapons” under Arizona Law ARS § 13-3101.
Misconduct with a Prohibited Weapon such as SED is a
Class 5 felony. Knowing and intentional assault to a person
resulting from an SED is a Class 4 felony. All felony offenses in Arizona are
serious, and carry prison time. Here is a closer look at the
definitions, laws, and sentencing resulting from these offenses.

Prohibited Weapon Laws in Phoenix AZ

ARS § 13-3101 (8) (a)(i)(vi)(vii)(viii)(ix): Prohibited Weapons:

Simulated explosives are considered Prohibited Weapons and include (list not all inclusive:
• Improvised explosive devices (IEDs);
• Bombs; grenades, Propellant charged rockets with charges of more than 4 ounces Explosive mine; or other poisonous or incendiary gas;
• Breakable container containing flammable liquids or gases that flash at 150 degrees
• Chemical or combination of chemicals, compounds or materials, that generate gas causing rupture or bursting of a container;
• Any combination of materials designed with the purpose of making any of the items listed above.

Prohibited Weapons Classifications and Sentencing:

ARS § 13-3102. A. (3) Misconduct with Prohibited Weapons:

Simulated explosives are considered “prohibited weapons”. A person may be guilty of Prohibited Weapons charges if they manufacture, possess, transport, sell; or transfer a “prohibited weapon”.

A person guilty of assault by a Prohibited Weapon is a class 4 felony
And Misconduct with a Prohibited Weapon. Under A.R.S. § 13 -702 Prison Sentencing for
Sentencing for Misconduct with a “Prohibited Weapon”
• 0.1.5 Years Minimum to 3.0 Maximum
• 0. 1 Year Minimum Mitigated to 3.75 Years Maximum Aggravated
Simulated Explosive Devices

ARS § 13-3101. A (3) Explosives Include (in part):
• Dynamite;
• Nitroglycerine
• Black powder;
• Plastic explosives;
• Materials used with the intent of making explosives

ARS § 13 – 3110. (A) (B) Misconduct involving simulated explosives:

A person may be guilty of Misconduct involving explosives if with the knowledge and intent to intimidate, threaten, harass or terrify another person if they :

• Send or place a simulated explosive device in a public or private place; or
• Display, place or send the simulated explosive in a conspicuous location for collectible, curio, or show purposes without proper labeling; clear and immediate warning, or written notice of its hazard or danger
Simulated Explosive Offenses Classification and Penalties

Misconduct involving simulated explosive devices is a class 5 felony, whether or not injury or. Harm Under A.R.S. § 13 -702 Prison Sentencing for Convictions for Misconduct with simulated explosives may result in:
• 0.75 Years Minimum to 2.0 Maximum
• 0.5 Years Minimum Mitigated to 2.5 Maximum Aggravated
Criminal Defense Attorney for Prohibited Weapons Charges Phoenix AZ

If you have been arrested or charged with possession, use, misconduct or assault with a Prohibited Weapon, you should contact a criminal defense attorney to discuss your matter. You will need to strong legal representation to protect your rights, defend your charges, and help you avoid conviction and prison terms.

Resources Links:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS

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