Phoenix Laws on Aggravated Assault Crimes and Sentencing

| by maejazz2014@gmail.com

Last Updated on: 5th October 2023, 07:31 am

Phoenix Laws on Aggravated Assault Crimes and Sentencing

Hey there! I wanted to write this article to help explain the laws around aggravated assault charges here in Phoenix, AZ. I know it can be really confusing and scary if you or someone you care about gets charged with aggravated assault, so I’m hoping this info can help make things a little clearer.

First off, what exactly is aggravated assault? Basically it’s an assault (which is threatening to physically hurt someone) that is considered more serious or “aggravated” for some reason. There’s a bunch of things that can make a regular assault into an aggravated assault charge here in Phoenix:

• If a deadly weapon or dangerous instrument was used during the assault
• If serious physical injury happened to the victim
• If it was committed against certain protected people like cops, firefighters, teachers, doctors, or judges
• If the victim is under 15 years old
• If it was committed while the defendant was already incarcerated
• Or if the defendant has certain prior felony convictions

As you can see, there’s a lot of things that can turn an assault into an aggravated assault. The penalties are also a lot more serious for aggravated assault than regular assault here in Phoenix.

Penalties for Aggravated Assault in Phoenix

Aggravated assault is always charged as a felony in Arizona. The specific felony class depends on what factors make it aggravated:

• Class 2 felony – If a deadly weapon or dangerous instrument was used
• Class 3 felony – If serious physical injury was inflicted
• Class 4 felony – In all other “baseline” aggravated assault cases
• Class 5 felony – If committed against a minor under 15
• Class 6 felony – If committed by an incarcerated person against a prison employee

The felony class determines how much prison time someone can face if convicted. Here’s a quick breakdown of the potential sentences:

• Class 2 felony – 7 to 21 years in prison
• Class 3 felony – 5 to 15 years in prison
• Class 4 felony – Probation up to 3.75 years in prison
• Class 5 felony – Probation up to 2.5 years in prison
• Class 6 felony – Probation up to 2 years in prison

In addition to prison time, aggravated assault convictions also come with fines up to $150,000. And it will become a permanent felony on someone’s criminal record, which can really impact things like getting a job, renting an apartment, and more. So these are definitely very serious charges with lifelong consequences.

Defenses Against Aggravated Assault Charges

Now I don’t wanna scare you too much! There are absolutely ways to fight aggravated assault charges if you have a good criminal defense lawyer on your side. Here are some of the most common defenses used against aggravated assault accusations:

• Self-Defense – If you acted in self-defense to protect yourself or someone else from harm, that can be a complete defense against assault charges in Arizona. You just have to show you used a reasonable level of force and weren’t the initial aggressor.
• Misidentification – Eyewitness misidentification is a major cause of wrongful convictions. If the victim or witnesses made a mistake in identifying you, that could get the charges dismissed.
• No injury – For the “serious physical injury” type of aggravated assault, you may be able to argue the injuries weren’t severe enough under Arizona law to qualify.
• No weapon – Similarly, if the weapon alleged wasn’t actually capable of causing death or serious harm, the deadly weapon aggravated assault charge could get reduced or dropped.
• Mental illness – Arizona allows an “insanity” defense if you can show mental illness prevented you from knowing right from wrong or controlling your actions.

A skilled criminal defense attorney will look at the details of your case and figure out what defenses could get your charges reduced or dismissed. Don’t just plead guilty without exploring your options first!

What Happens After an Aggravated Assault Arrest in Phoenix?

If you do get arrested for aggravated assault in Phoenix, here’s a quick rundown of what you can expect next:

1. You’ll be handcuffed, searched, and held at a police station for booking and processing.
2. Within 24 hours you’ll go before a judge for an initial appearance to be informed of the charges against you.
3. The judge decides whether to set bail or release you on your own recognizance.
4. Prosecutors have 30 days to file formal charges and turn over evidence to your lawyer.
5. Your lawyer can then negotiate with the prosecution, file motions to suppress evidence or dismiss the case, or take it trial.
6. If convicted, a sentencing hearing will determine what penalties you receive.

The most important thing is getting a good lawyer on your side immediately after an arrest. An experienced criminal defense attorney can start working right away to protect your rights, build defenses, and resolve the case as favorably as possible.

Finding the Right Lawyer for Your Aggravated Assault Case

Not all lawyers are created equal when it comes to fighting aggravated assault charges in Phoenix! Here are some tips for finding the best attorney for your particular situation:

• Look for a criminal defense specialist – you want someone who focuses specifically on criminal law and defends assault cases regularly.
• Consider a former prosecutor – their experience on the other side gives insights into how the system works.
• Find someone local and familiar with Phoenix courts – each jurisdiction has its own unique processes.
• Make sure they have trial experience – you want someone willing to take your case to trial if needed.
• Personality fit matters too – find a lawyer you feel comfortable with and who will fight aggressively for you!

Don’t just go with any random lawyer or public defender. This is your life and future at stake – do your research to get the best defense attorney possible for your aggravated assault charges. I hope this overview has helped explain this complex issue a little more simply. Let me know if you have any other questions!

Sources:

• https://www.criminallawaz.com/knowledge-center/guide-to-aggravated-assault-in-az/
• https://dmcantor.com/assault-violent-crimes-homicides/aggravated-assault
• https://snaderlawgroup.com/minimum-sentence-for-aggravated-assault/
• https://www.salwinlaw.com/criminal-defense/assault/aggravated-assault-ars-13-1204/
• https://www.novakazlaw.com/felony-aggravated-assault.html
• https://www.novakazlaw.com/assault-penalties.html