Articles Posted in Assault Charges Arizona

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

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.

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

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:

Assault Defenses Chandler, AZ

“The Arizona prosecution bears the burden of proof that a defendant’s actions were intentional, and purposeful. A good Chandler criminal defense Attorney can challenge this, under the appropriate circumstances.”

Assault charges in Chandler AZ are serious. You should consult an experienced criminal defense attorney who defends assault charges on a regular basis in Chandler, AZ criminal justice system and Chandler Court. Many top assault defense lawyers and Chandler criminal attorneys who defend cases in Chandler AZ offer free consultations for assault charges if you have been arrested for a Chandler Assault or charged with any type of assault in Chandler AZ.

A Good Assault Defense Lawyer in Phoenix will make sure Your Rights are protected, and tell Your Side of the Story.

The State of Arizona classifies Assaults into two categories 1) Misdemeanor “Assault,” and 2) Felony or “Aggravated Assault.” If you face Phoenix AZ assault charges of any kind, it is considered a serious crime. You should consult an Arizona Criminal Defense Attorney or Arizona Assault Defense Lawyer defends cases frequently in Phoenix Court.

1) Arizona Assault: A.R.S. S 13-1203: classification:
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or)
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person. (cited in part from Arizona State Legislature)
Depending on the circumstances involved assaults can be charged anywhere from a class 1, class 2 or class 3 misdemeanor depending on the intentional or reckless nature of the action for which the charges resulted.
A conviction of a misdemeanor assault in Phoenix Arizona can carry sentences of up to one year in prison, and fines of upwards to $2,500. Other penalties may be ordered including restitution to the victim, costs, fees, counseling, or probation.

2) Arizona Aggravated Assault: A.R.S. S 13-1204: classification
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under. (cited in part)
Conviction of an aggravated assault is much more serious with adverse consequence that can following you for a lifetime. Depending on the circumstances surrounding your Aggravated Assault charges they are usually considered a Class 3 Felony.
A first offense may include sentencing within the range of 5 to 15 years in prison. The court considers such issues as prior criminal records and circumstances surrounding the Aggravated Assault charge when determining the sentencing. A second assault conviction of what the court determines to be a dangerous offense may escalate the sentence from 0-20 years. A third conviction can result in prison terms of 15-25 years.

Phoenix Arizona Assault Defense
There are many defenses that can be used to defend your case. But it is critical that you hire an experienced Criminal Defense Attorney who defends Assault charges on a regular basis in Phoenix or the city in Arizona where you were charged. It is very dangerous to try and tell your side of the story without proper criminal legal representation. If the case is not presented properly and through the appropriate legal channels and methods, you may incriminate yourself further and actually be making the prosecution’s case against you stronger.

Some common defenses include but are not limited to the following:
• Self-defense,
• Necessity defense
• Lack of evidence or weapon,
• Defense of a third person,
• Not the correct person charged.
• Mutual consent combat,
• Fear or intimidation of imminent danger or bodily harm
• No witnesses and no evidence of bodily injury
An experienced Arizona assault defense Attorney who defends cases in Phoenix will defend your constitutional rights, your actions, educate the prosecution, judge or jury, about your side of the story, interview witnesses, examine all evidence, argue circumstances and challenge evidence surrounding the charges, file appropriate motions, negotiate a dismissal of charges, lesser charges, suppress evidence, attend hearing, file appropriate motions on your behalf and do everything within the law to get your case dismissed or the otherwise best outcome in your case.

If you have been charged with any Phoenix Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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