Aggravated Assault Attorney

Arizona classifies assault as either simple or aggravated. While simple assault is a misdemeanor offense that occurs when a person either threatens or physically attacks another but with minimal injuries. Aggravated assault is a felony offense that occurs when the attack is serious or involves dangerous weapons resulting in serious injuries.

According to Arizona Revised Statutes (A.R.S.) 13-1204, an aggravated assault can occur under several circumstances, including when a person attacks another, causing serious bodily harm. It can also occur when a person attacks another using deadly weapons or any means of force likely to cause serious physical injury, disfigurement, or death.

Other circumstances that can result in an aggravated assault charge include any attack in a home invasion or on a bound victim. Attacking or attempting to interfere with police officers, firefighters, healthcare workers, teachers, and other protected-class citizens while on duty can constitute an aggravated assault charge.

Arizona severely punishes aggravated assault offenses and related charges upon conviction. Accordingly, you should seek the help of a skilled and experienced Phoenix aggravated assault lawyer if facing aggravated assault charges in Phoenix, AZ.

Aggravated Assault Penalties

Anyone convicted of aggravated assault in Arizona risks a presumptive prison sentence. However, the prison sentence depends on the nature and severity of an individual’s offense, including whether it is a repeat offense. Below are potential penalties for aggravated assault in Arizona:

Class 5 Felony

• a prison term of between two and four years and up to six years for repeat offenders

Class 4 Felony

• a prison term of between four and eight years and up to 12 years for repeat offenders

Class 3 Felony

• a prison term of between five and 15 years and up to 20 years for repeat offenders

Class 2 Felony

• a prison term of between seven and 21 years and up to 28 years for repeat offenders

Besides the prison sentence, other potential penalties include a fine of up to $150,000, probation, restitution, and community service.

Prosecuting an Aggravated Assault

As with other criminal offenses, the prosecutor must prove several elements beyond a reasonable doubt to get an aggravated assault conviction. The state must prove that;

• the threatened or attempted attack caused the victim legitimate fear
• the completed attack led to serious physical harm
• the defendant used a deadly weapon
• the attack resulted in substantial disfigurement

Depending on the nature of a case, the law may also require the state to prove additional factors. For instance, in an assault case against a firefighter on duty, the prosecution must prove that the victim was a protected class professional and the defendant knew or had a reason to know the same.

Potential Defenses to an Aggravated Assault Charge

A skilled aggravated assault attorney can help you defend your right, including avoiding conviction or reducing potential penalties. Some of the common defenses that criminal defense lawyers use include;

1. Self-defense. An experienced attorney can help you gather evidence to prove that you acted with the intent to defend yourself against the perceived dangerous actions of the alleged victim.
2. Lack of intent. Related to self-defense is your lack of intent to assault. A skilled lawyer can help prove that you had no intention of committing the alleged crime and that your actions do not qualify as assault.
3. Violation of Your Rights. A knowledgeable criminal defense lawyer can help prove there were legal violations during your arrest, including violation of your Miranda Rights and flawed arrest and investigation procedures. Accordingly, the evidence against you may be inadmissible.

While the burden of proof is on the prosecutor, defending an aggravated assault charge using these and other common defenses is not always straightforward. You need an experienced and knowledgeable criminal defense attorney.

Contact a Phoenix Aggravated Assault Attorney

An aggravated assault conviction almost guarantees serving time in prison. Considering these potential life-changing consequences, you need a solid legal defense. If you or a loved one are facing an aggravated assault charge in Phoenix, AZ, you can contact our skilled and experienced Phoenix aggravated assault lawyers at Huselid & Huselid Law. We are committed to fighting for your rights, including having the court reduce or dismiss your assault charges. Contact us today to schedule a free consultation and for a strong legal defense.