Aggravated assault is a very serious crime. Depending on the specifics of your charges, you could potentially face decades in prison. Arizona is tough on violent crime, and aggressive prosecutors may try to make an example of you, all due to one mistake or misunderstanding.
It might not feel like it when the justice system is coming down on you, but you have rights, and the burden of proof is on the prosecution. Our West Valley Phoenix aggravated assault lawyers will help you understand your charges and work for the best possible outcome in your case.
Since 2007, Suzuki Law Offices has stood up for the rights of Arizona residents accused of criminal activity. Founding attorney R.J. Suzuki is a former Federal prosecutor. Call for your free initial consultation and learn how our West Valley Phoenix violent crimes lawyer can help.
What Is Considered Aggravated Assault in Arizona?
In Arizona, an assault occurs when one person intentionally, knowingly, or recklessly physically injures another. It can also happen when a person places another in reasonable fear of injury or touches them with the intent to harm them.
An aggravated assault includes additional factors that make the crime more severe. Our West Valley Phoenix criminal defense lawyers can explain the specifics of your charges. Examples of factors that may elevate your assault charge to aggravated assault include an incident that:
- Causes serious physical injury
- Involves the use of a deadly weapon
- Is committed against a victim who is restrained or otherwise unable to resist
- Occurs when the defendant enters another person’s home with the intent to assault
- Is committed by an adult against a child under 15 years of age
- Is committed against certain protected individuals while they are performing official duties
What Are the Penalties for Aggravated Assault Charges?
Aggravated assault in Arizona is prosecuted as a felony, with penalties based on the severity of the offense and its felony classification. Charges range from Class 6 felonies, which may allow probation or limited prison time, to Class 2 felonies that can result in sentences of over 20 years.
A felony conviction remains permanently on your criminal record. Penalties become more severe if the assault is considered dangerous, involves a weapon, or if you have prior felony convictions.
Our West Valley Phoenix aggravated assault attorney will investigate your charges, review evidence, and make sure your rights were respected during your arrest. We will look for ways to reduce or eliminate your charges.
What Are Defenses to Aggravated Assault Charges?
The prosecution must prove every element of aggravated assault beyond a reasonable doubt. Some of the defenses our aggravated assault attorneys in West Valley Phoenix may explore include:
- Self-defense: We might argue that you used necessary force to defend yourself from harm caused by another person.
- Defense of others: We may show that your actions protected another person who was in immediate danger.
- Defense of property: In some cases, non-deadly force can be justified to prevent trespass or theft.
- Lack of aggravating factors: We may challenge the prosecution’s aggravating factors in order to have your aggravated assault charges reduced to simple assault.
- Lack of intent: We may show your actions lacked the intent necessary under the law in order to qualify as assault.
- Constitutional violations: If we identify breaches of your constitutional rights or in police procedures, we can move to have evidence or your case dismissed.
Our team may also seek a plea bargain where it is appropriate. Our strategy is highly dependent on the specifics of your charges.
What Is the Statute of Limitations for Aggravated Assault
Aggravated assault is always charged as a felony, but the exact level of felony depends on how the offense was committed and against whom. Arizona’s criminal code includes a separate statute (ARS § 13-107) that governs how long prosecutors have to file criminal charges after a crime.
For Class 2 through Class 6 felonies (which include aggravated assault), the state generally must start prosecution within seven years after the offense is discovered or should have been discovered with reasonable diligence.
Get Help from Our West Valley Phoenix Aggravated Assault Attorneys
It might seem like your life is over when you are facing serious criminal charges. It’s understandable if you are scared and confused, especially if you have been treated unfairly by law enforcement. Get the legal help you need to protect your rights and your future.
Police are highly motivated to close cases, and prosecutors concentrate on winning, but they don’t always get it right. Do not try to deal with them alone. Our West Valley Phoenix aggravated assault attorneys will represent you with compassion and integrity,
At Suzuki Law Offices, we treat clients like you would treat your family. Call for your free initial consultation to learn more about how our experienced trial attorneys for criminal defense can assist you with your case. We are ready to fight for you.
Call or text (602) 682-5270 or complete a Free Case Evaluation form