If you’ve been charged with assault with a deadly weapon, you will need to have a strong legal defense to win your case. These are serious charges, and being convicted will have life-changing results. Below, we’ll explain how a strong defense is built.
If you have been charged with or accused of assault with a deadly weapon, a Phoenix violent crimes lawyer can help.
What is an Assault With a Deadly Weapon Charge in Arizona?
Assault with a deadly weapon is typically charged as aggravated assault in Arizona. There are typically two elements that a prosecutor needs to prove for this charge.
These elements are:
- You intentionally or recklessly caused physical harm to someone, or caused them to fear that you would physically harm them.
- You used, or threatened that you would use, a deadly weapon.
What Counts as a Deadly Weapon?
A deadly weapon is any weapon designed for lethal use. Handguns would count as a deadly weapon. In some cases, this charge may also apply if you used a dangerous instrument. This includes anything, like a knife or a motor vehicle, that could cause serious physical injury or death.
Your Phoenix criminal defense lawyer will help you understand the exact charges against you.
What are the Possible Punishments for an Assault With a Deadly Weapon Conviction in Arizona?
The punishments for such a serious charge are severe. The severity will depend on whether it is charged as a Class 3 Felony or a Class 2 Felony.
Class 3 Felony
If it is your first offense, it may be charged as a Class 3 Felony.
Punishments here include:
- A minimum of five years in prison and a maximum of 15 years in prison
- Up to $150,000 in fines
Class 2 Felony
If the victim is under 15 years of age, is a police officer, or is a prosecutor, then you may be charged with a Class 2 Felony.
Punishments include:
- A minimum of seven years in prison and a maximum of 21 years in prison
- Up to $150,000 in fines
With either felony charge, aggravating factors can increase prison time. Aggravating factors can include the victim sustaining severe injuries or you having a criminal history.
Other Penalties and Long-Term Impacts
In addition to prison time and fines, both felony charges can come with other penalties and effects on your life.
These can include:
- Restitution to the victim, such as paying for their medical expenses
- Loss of civil rights, including the right to own a firearm
- Permanent record
- Probation
- Job effects
- Housing effects
- Effects on immigration status
Because of these serious penalties, it’s essential to build a strong defense and avoid conviction.
How to Win Your Assault With a Deadly Weapon Case in Arizona
Building your legal strategy will depend on the exact circumstances of your case. However, there are some common defenses.
Common defenses include:
Self Defense
If you were defending yourself or someone else, there may be circumstances where the use of a deadly weapon is deemed justified. Under ARS 13-404, if you believe that someone will or has used unlawful physical force against you, then you can act in self-defense.
However, you cannot argue self-defense in cases where:
- There was only verbal provocation (for example, someone insulted you)
- You were resisting arrest
- You provoked or threatened the person, and they used unlawful physical force in response
Lack of Intent
If you accidentally discharged a firearm or did not have the knowledge to know that you were using a deadly weapon, then your lawyer may argue that intentional or reckless behavior was not involved.
Questioning the Use of a Deadly Weapon
If something other than a firearm was used in the assault, your lawyer may contest the deadly weapon classification.
Violation of Your Constitutional Rights
If evidence or an admission was gained in an unlawful manner, then your lawyer may contest it.
What Evidence is Helpful in an Assault With a Deadly Weapon Defense?
Your lawyer will do their own investigation to gather evidence that supports your defense.
Helpful evidence can include:
- Medical records: For example, these may be used to prove that you were defending yourself.
- Physical evidence: For example, if you had torn clothing, it could help to prove that the alleged victim had attacked you.
- Witness statements and video footage: These could prove that the alleged victim had attacked you first.
- Digital communications: For example, you may be able to show that the alleged victim had been threatening you.
- Character witnesses: These can help prove that you were not acting intentionally or maliciously.
- Forensic expert witnesses: They may be able to explain that the alleged victim’s wounds do not support the claims made against you.
What Should You Do to Help Your Case?
The actions you take after an arrest and in the days to follow can significantly impact your case.
You should:
- Act politely and calmly when interacting with arresting officers. Do not resist arrest.
- Ask for your lawyer and then invoke your right to remain silent. Remember that anything you say can be used against you.
- Write down everything you can remember from the inciting event. Share these notes with your legal team.
- Follow all legal restrictions placed on you if you are released on bail. These may include having no interaction with the alleged victim.
- Avoid reaching out to the victim, even if there are no restrictions on doing so. Any communication you have can be used against you.
- Talk to your lawyer about the best next steps you can take.
Contact a Violent Crimes Attorney in Phoenix Today
If you want to win a case involving an assault with a deadly weapon in Arizona, it’s essential to get started building your defense as soon as possible. Reach out to the legal team at Suzuki Law Offices today.
We are available 24/7, including weekends, so you can always count on our support. Our team will support you throughout the legal process. Contact us today to get started on your case with a free consultation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form