Arizona Criminal Defense Attorney Blog
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:
1) Misdemeanor assault; Ref: Arizona Criminal code A.R.S. 13-1203
2) Felony or “aggravated assault; Ref: Arizona Criminal code A.R.S. 13-1204
Both involve harm or intent to harm another person or persons, and both are viewed as serious offenses with severe penalties in the state of Arizona. For this reason it is highly recommended that you contact a Tempe, AZ criminal defense lawyer to discuss your case and legal representation for your assault charges.
Misdemeanor Assault Laws in Tempe AZ:
A misdemeanor assault in Tempe involves 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, causing another person to be reasonably apprehensive 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
Tempe 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 Tempe AZ:
Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that cause a misdemeanor assault to be elevated to “aggravated” or “felony” assault charges. Here are a few examples, 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 Tempe, AZ
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.
You should resist the temptation to “tell your side of the story”. Once the police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain good legal representation for assault charges. You may unknowingly and unintentionally harm your case. Instead contact a good Tempe AZ criminal defense or assault defense lawyer defends assault charges frequently in Tempe will be your voice, tell your side of the story and present compelling arguments in your defense. 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.
If you have been charged with any Tempe AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Assault of Police Officer, 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 Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Phoenix, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.