Articles Posted in Assault Charges Arizona

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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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Misdemeanor Assault Phoenix AZ

Assault charges may be brought as Misdemeanor or Felony charges. Both are serious offenses in Arizona if convicted. If you were arrested, you have the right to defend your charges. This is the most effective, if you retain an attorney to protect your rights, and provide a defense on your behalf. In order to prosecute the State will need to prove beyond reasonable doubt that you purposefully; intentionally, or recklessly assaulted another person.

Definitions
A person may be guilty of Misdemeanor Assault under A.R.S. § 13-1203 if their conduct knowingly, intentionally or recklessly:
1. Causes physical injury to another person;
2. Places another person in reasonable apprehension of present physical injury; or
3. Touches another person with the intention to insult, provoke or harm them.

Misdemeanor Classifications for Assault
• A.R.S. § 13-1203 1. Class 1;
• A.R.S. § 13-1203 2. Class 2;
• A.R.S. § 13-1203 3. Class 3
Sentencing for Assault in Phoenix AZ

Prison terms to do apply to Misdemeanor convictions in Arizona. However, under A.R.S. § 13 – 707 sentencing can include jail terms of six months in jail for a Class 1 Misdemeanor; Four months in jail for a class 2 Misdemeanor; and thirty days in jail for a class 3 misdemeanor.

Fines and Penalties for Misdemeanor Assaults

Fines for A.R.S. § 13 – 802 Misdemeanor will be ordered by the court of not more than the following amounts for individual convictions (excluding enterprises):
A. Class 1 – up to $2,500.00;
B. Class 2 – up to $750.00;
C. Class 3 – up to $500.00
Other penalties may include assessment fees;, court costs; restitution to the victim; terms of probation; community service and/or anger management counseling.
Burden of Proof

For the Police to make an arrest, they must have “probable cause” to believe that a crime of assault was committed and that the suspect was the one who committed it. An arrest, however is not a conviction. In order to prosecute a person for assault the state of Arizona and its prosecution must prove “beyond a reasonable doubt” that a person’s conduct was purposefully intended; with knowledge; or recklessness harmed another person. This means that objective evidence will be needed. Such evidence can include consistent eye witness statements, photos, surveillance footage, DNA testing results and other material evidence.

Assault Lawyer for Defense Phoenix AZ

It is critical that you retain experienced legal representation if you face any type of assault crime. There may be defenses that you are not aware of that if used may lead to a partial or complete dismissal of charges, or reduction of sentencing. Every case has its own set of circumstances, for which certain defenses are effective. You should consult an attorney who defends assault charges on a regular basis, in the jurisdiction where you were arrested, to discuss you matter and defense options. They will advise you further if retained.

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Under Phoenix AZ Assault Laws, an owner of a dog that or bites or attacks another person may be held responsible with criminal liability, and face serious felony assault charges. Charges of this nature will expose a person to prison terms and other harsh penalties. If you face any type of assault charges, you should consult a criminal attorney to discuss your matter. Below are laws that pertaining to assault and aggravated assault involving dog bites and “Vicious Animal” attacks, and criminal liability.

A.R.S. § 13- 1208. Assault; vicious animals:

A. Person (s) who intentionally or knowingly causes a dog to bite and inflict serious physical injury on a human being; or cause serious physical injury to another person is guilty of a Class 3 felony;
B. Person (s) who own a dog that the owner knows has a history or propensity to bite or cause injury or endangers another’s safety; in absence of provocation; or has been declared a “vicious animal” by a court of law; that bites, inflicts physical injury; or attacks a human being while the dog is unrestrained, or considered at large is guilty of a Class 5 felony;
C. Person (s) who own or are responsible for a dog; that knows it’ history or propensity to bite or cause injury to a human being, in absence of provocation; or declared “a vicious animal” by a court of law, who does not take reasonable care (ordinary and prudent care) to restrain the dog, or prohibit it from escaping outside of an enclosed structure, residence, yard or safely leashed, is guilty of a class 1 misdemeanor.

Exceptions to A.R.S. 13-1208 violations:

• This section does not apply to law enforcement dogs owned or used by police or law enforcement agencies used in the performance of police work, at their direction;
• It is a valid defense it a person is found to be justified in using physical force or deadly force in self-defense; or in the defense of a third person pursuant to Chapter 4 “Justification Laws” of A.R.S. Title 13 criminal laws.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) classification

If a person’s dog is declared a vicious animal by a court of law, or has a known history of attacking or biting a human under A.R.S. § 13-1208 they may be charged with a felony aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person under the following circumstances: The animal attack or bite:

• Causes serious physical injury to another;
• Causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;
• A victim is restrained; or does not have the capacity to resist the assault is substantially impaired;
Under any of the above situations, the owner, or person responsible for the dog may be charged Class 3 or Class 5 felony exposing them to prison terms of 2 to 15 years; victim restitution, fines, fees, and other penalties ordered by the court.

Criminal Defense for Aggravated (Felony) Assault in Phoenix AZ

If you face any assault charges in Arizona, you should consult a criminal defense lawyer to discuss your case and defense options. The State and prosecution egregiously pursues convictions for crimes involving victims. You will need a legal advocate who will you’re your side of the story; protect your rights and defend your charges, and seek the best possible outcome in your case.

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Assault Defense Gilbert, AZ
“Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ.”

Assault charges in Gilbert AZ are serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Gilbert, AZ in the criminal justice system. The best assault defense lawyers and criminal defense attorneys who defend cases in Gilbert AZ offer free consultations for assault charges if you have been arrested for a Gilbert Assault or charged with any type of assault in Gilbert AZ.

Assault Charges in Gilbert are governed for the rules of Arizona State Laws. Arizona law separates assault charges into two main categories:

1) Misdemeanor assault; Arizona Criminal code A.R.S. 13-1203
2) Felony Assault or “aggravated assault; Arizona Criminal code A.R.S. 13-1204
Both involve harm or intent to harm another or others, and are viewed as serious offenses with harsh penalties in Arizona. For these reasons it is highly recommended that you consult criminal defense lawyer who defends assaults in Gilbert Court frequently to discuss your charges, potential penalties, and defense options for your Gilbert assault charges.

Misdemeanor Assault Laws in Gilbert AZ:
A misdemeanor assault in Gilbert includes but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation;
4) Causing another person to reasonably feel that physical injury in imminent.
The Arizona prosecution bears the burden of proving that the defendant’s actions involved “intent” and knowledge and were purposeful. Misdemeanor assault penalties in Gilbert AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault or Aggravated Assault Gilbert AZ:
Felony or aggravated assaults in Gilbert, AZ, are far more serious than misdemeanor assaults. Other aggravating factors exist that may elevate a misdemeanor assault to “aggravated” or “felony” assault charges. Here are some examples of aggravating factors. This list is not all inclusive of those circumstances:

1) Causing “serious physical injury” to another person, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist;
4) Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) Someone commits assault while violating a valid order of protection or restraining order;
6) A person takes or attempts to gain control of a police officer’s firearm or other weapon;
7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor;
8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Assault Charges Defense Lawyer Gilbert, AZ
If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime, exorbitant fines, fees, court ordered counseling programs, restitution to the victim. Indirect impacts of a conviction on your life include loss of freedom, adverse effects 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 Gilbert court determines is necessary and appropriate.

You should resist the temptation to “tell your side of the story”. Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ. You may unknowingly and unintentionally harm your case. Instead contact a good criminal defense attorney or assault defense lawyer defends assault charges frequently in Gilbert Courts. They will be your voice, tell your side of the story and present compelling arguments in your defense, through the proper legal channels. This includes attempting to get evidence suppressed, negotiating with the prosecution, filing the proper motions, fighting for your at hearings and trial if necessary. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

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Assault Defenses in Phoenix, AZ

If you were arrested for assault charges, felony aggravated assault charges in Phoenix, AZ, that does not mean you are “guilty” and will automatically be convicted of the offense. You have the right to obtain a good Phoenix Criminal Attorney and or assault defense lawyer who defends cases frequently in Phoenix Courts. You must either plead guilty or found to be guilty in a Phoenix court of law in order to be convicted and sentenced to punishment. You may be feeling overwhelmed about the ordeal now, you can change things and increase your chances of freedom and avoid a conviction. With a top criminal defense Attorney who defends assault charges in Phoenix, AZ, you can fight your charges. Your chances of getting the assault charges dismissed reduced or a favorable outcome in your case will drastically increase. Defenses exist that can be used under the appropriate circumstances by a qualified criminal defense attorney on your behalf, through the Criminal Justice system.

Phoenix Assault, Aggravated Assault Criminal Justice System

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Assault Defense Lawyer Phoenix, AZ

“..A good Phoenix, AZ criminal Attorney or assault defense lawyer who frequently defends assault charges in Phoenix will be your voice, tell your side of the story and present compelling arguments in your defense.”

Assault charges in Phoenix AZ are serious. They should be taken very seriously. It is important for you to consult an experienced criminal attorney who defends assault charges in Phoenix on a regular basis to discuss your case, potential penalties if convicted, and options for Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Phoenix AZ offer free consultations or assault charges or if you have been arrested for a Phoenix Assault offense.

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Assault Defense in Arizona

If you were arrested for assault charges, assault and battery charges, or felony aggravated assault charges, remember, that you have not yet been convicted of the offense. You have the right to obtain a top Arizona Criminal Attorney and or assault defense lawyer in Arizona. And you must either plead guilty or found to be guilty in a Phoenix court in order to be convicted and sentenced to punishment. You may be feeling overwhelmed right now, but there is hope. With a good Phoenix criminal defense Attorney you can fight your charges and your chances of getting them dismissed, charges reduced, or a favorable outcome in your case will drastically increase. Defenses exist that can be used under the applicable circumstances that may be used by a qualified criminal defense attorney on your behalf, that can be used through the Criminal Justice system.

AZ Assault, Aggravated Assault Criminal Justice System

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Assault Defense Tempe, AZ

Assault charges in Tempe AZ are serious. You should consult an experienced criminal attorney in Tempe who defends assault charges on a regular basis in the Criminal Justice System to discuss your case, potential penalties if convicted, and options for Tempe Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Tempe AZ offer free consultations for assault charges if you have been arrested for a Tempe Assault or charged with any type of assault in Tempe AZ.

Assault Charges in Tempe fall under the laws of the State of Arizona. Arizona law separates assault charges into two classifications:

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Contact Information
4500 S Lakeshore Dr #352
Tempe, AZ 85282
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