The how, when, and why of a crime, along with the identity of the alleged victim, all factor into the charges the alleged offender receives. When the term “aggravated” is added to assault or any criminal charges, that addition indicates the charges and penalties are serious. To fight these charges, get help from an experienced violent crimes defense lawyer in Phoenix.
Suzuki Law Offices are an award-winning team, earning recognition from Elite Lawyers, Expertise.com, Just Great Lawyers, and other organizations, and we are ready to put our exceptional service to work for you. Connect today to put your case in the capable hands of an experienced Phoenix aggravated assault defense lawyer.
Why You Need to Partner With an Aggravated Assault Defense Lawyer in Phoenix
A conviction for aggravated assault charges brings serious consequences. An aggravated assault defense lawyer in Phoenix will advocate on your behalf and address potential consequences as your case progresses.
The justice system will provide you with a public defense attorney, but these lawyers often carry massive caseloads and simply do not have enough hours in their day to give each case and client the attention they need to reach the best outcome. Our team has extensive resources, decades of collective experience, sophisticated legal knowledge, and will give your case individualized attention.
Once you enter a legal partnership with us, we’ll be your voice in action, advocating for you and providing protection during all conversations with law enforcement. Our founding attorney, along with other members of our team, is a former prosecutor. This experience gives us valuable insight about how the other side might approach your case, and this knowledge can inform your defense strategy.
Understanding Assault Charges
The Arizona Revised Statutes (ARS) establishes what constitutes assault. According to the law, a person commits assault by doing any of the following:
- “Intentionally, knowingly, or recklessly” cause physical injury to someone else
- “Intentionally” putting someone else in “reasonable apprehension of imminent physical injury”
- “Knowingly touching” someone else, intending to injure, provoke, or insult that person
Simple assault charges are typically misdemeanors ranging from class 1 to class 3. An aggravated offense is a more serious form of an unlawful behavior.
How Assault Becomes Aggravated Assault
The context of a crime, how and why it is committed, the damage it causes, and the identity of the victim can change it from a straight offense to an aggravated offense. In Arizona, assault offenses can become aggravated offenses when the alleged offender:
- Causes the victim physical injury
- Uses a deadly weapon or instrument
- Causes substantial disfigurement, impairment, or fracturing of any body part, even temporarily
- Assaults a person who is bound, restrained, or otherwise unable to protect themselves
- Is 18 or older and commits assault on a minor aged 15 or younger
- Violates an order of protection when committing the assault
Aggravated assault charges also apply when the alleged offender knows the victim is, among other professional capacities, a peace officer, a firefighter, a teacher, or a healthcare provider. As to what the charges are for aggravated assault against a police officer, these are especially serious.
Penalties for Aggravated Assault Convictions
Aggravated assault is a felony offense. Felonies are further classified by severity, with Class 1 representing the most severe. In Arizona, aggravated assault can be a Class 2,3,4,5, or 6 felony offense. Do not fight these charges without representation from a Phoenix aggravated assault defense attorney from Suzuki Law Offices.
From the start of your case, your aggravated assault defense attorney in Phoenix will look for grounds to have your charges dismissed. If dismissal is not possible, your lawyer will argue mitigating factors, elements of the offense that reduce your culpability, to reduce your penalties and charges.
The system for sentencing felony crimes is complex, as demonstrated by the details found on the Arizona State Legislature. Consequences can include fines, even as high as $150,000 per charge in the worst cases, and extended periods of incarceration in prison. Your attorney has a full understanding of sentencing laws and will fight to protect you from receiving an unjust punishment.
Possible Defenses for Aggravated Assault
The first step in building your defense is investigating your case. From there, we will design a strategy and gather convincing evidence to support it. Every case is different, and we will consider the specific elements of your case when constructing your defense. Examples of general defenses that may apply include:
- You did not act with intention. You did not set out to cause another person harm
- You did not know the identity of the alleged victim. For example, you did not realize your conflict was with a peace officer or a health care provider
- You were defending yourself. The other person may have provoked the incident, demonstrating intent to cause you harm
- You were protecting another person. The alleged victim was actually trying to harm someone else, and you stepped in to protect that potential victim
- You are being falsely accused. Your alleged victim may have a score to settle and leveled accusations against you to get revenge
Your aggravated assault defense attorney in Phoenix can also give you sound advice if the prosecution offers a plea deal. Sometimes, the defense and prosecution negotiate the terms of your charges and penalties. Your attorney can help you decide if you should accept a plea bargain and avoid a trial, or if you may be served best by fighting for a not-guilty verdict in court.
Suzuki Law Offices is Your Voice in Action
Facing aggravated assault charges is terrifying. It is easy to imagine a worst-case outcome and become overwhelmed with anxiety. However, you are not without recourse and without hope. When you partner with a skilled Phoenix aggravated assault lawyer at Suzuki Law Offices, your defense becomes our priority.
Do not settle for less than the exceptional defense you deserve. We are ready to get to work and are committed to getting you justice.
Call or text (602) 682-5270 or complete a Free Case Evaluation form