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:
• 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).