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Phoenix Assault & Aggravated Assault Lawyers


Phoenix Assault & Aggravated Assault Lawyers

Being charged with assault or aggravated assault in Phoenix can be scary. You may be facing jail time, fines, probation, anger management classes, and other consequences that can disrupt your life. Finding an experienced criminal defense lawyer is crucial to understand the charges against you and build the strongest defense.

This article will explain assault and aggravated assault laws in Phoenix, common defenses, and how a knowledgeable lawyer can help. I’m not going to use a stuffy legal tone here—this is written in plain English so you can learn what you’re up against and how to protect yourself.

What is Assault vs Aggravated Assault in Phoenix?

Simple assault is intentionally putting someone in apprehension of immediate physical injury. No actual contact is required. Threatening words or actions that make someone afraid they’re about to be harmed is enough.

Aggravated assault is assault that involves a deadly weapon or dangerous instrument OR causes serious physical injury. It’s more serious than simple assault.

Some examples of aggravated assault charges in Phoenix:

  • Shooting, stabbing, or striking someone with a weapon like a bat, rocks, brass knuckles, etc.
  • Strangling or suffocating someone
  • Intentionally running someone over with a vehicle
  • Causing broken bones, internal injuries, disfigurement, loss of teeth, etc.
  • Assaulting a police officer, firefighter, healthcare worker, teacher, or other public service professional
  • Assault motivated by bias against a victim’s race, religion, national origin, sexual orientation, gender identity, or disability
  • Assault committed in connection with a criminal street gang

So aggravated assault is either:
– Assault + deadly weapon/dangerous instrument
– Assault that causes serious injury

This article explains it well.

What are the Penalties for Assault and Aggravated Assault in Phoenix?

Assault is a class 1 misdemeanor in Arizona, punishable by:

  • Up to 6 months in jail
  • Up to $2,500 in fines
  • Probation

Aggravated assault is a class 4 felony, with penalties including:

  • 1 to 3.75 years in prison
  • Up to $150,000 in fines
  • At least 2 years of probation

But there are many factors that determine the actual sentence, including criminal history, plea bargain, aggravating and mitigating factors, and more.

A skilled criminal defense attorney can argue for probation instead of prison, reduced charges, lower fines, and other negotiated outcomes.

Common Defenses Against Assault and Aggravated Assault Charges

There are many ways an experienced lawyer can defend against assault and aggravated assault accusations, including:

Self Defense – Using reasonable force to protect yourself or others against an imminent threat is legal self defense in Arizona. But you can’t use excessive force beyond what’s necessary to stop the threat.

Lack of Intent – For assault, the prosecution must prove you intended to put the victim in apprehension of harm. If your actions were an accident or misunderstanding, that could defeat the charges.

Misidentification – Mistaken identity is a common defense if the evidence doesn’t conclusively identify you as the perpetrator. Eyewitness testimony can be unreliable.

Fabricated allegations – Sometimes assault allegations are exaggerated or completely false, often made out of anger or revenge. Your lawyer can challenge credibility.

Mental illness – In some cases, mental health disorders may provide grounds for an insanity or diminished capacity defense.

This guide covers these defenses in more detail. An experienced criminal attorney can evaluate the evidence against you and build the strongest defense strategy.

How Can a Lawyer Help With Assault and Aggravated Assault Charges?

The consequences of an assault conviction in Phoenix are too serious to navigate alone. A skilled criminal defense lawyer can provide invaluable help, such as:

  • Conducting a thorough investigation of what happened, interviewing witnesses, gathering evidence, visiting the scene, etc.
  • Identifying weaknesses in the prosecutor’s case and formulating defense strategies
  • Negotiating with the prosecutor for reduced or dismissed charges
  • Guiding you through the criminal justice process and protecting your rights
  • Gathering evidence and letters of support to show mitigating factors about your character
  • Presenting persuasive arguments in your defense if the case goes to trial
  • Ensuring proper procedures are followed and objecting if your rights are violated
  • Advocating for the best possible outcome and sentence if convicted

Having an assertive lawyer in your corner can make all the difference. Don’t leave your fate to chance – a criminal defense attorney familiar with Phoenix prosecutors and courts is critical.

Finding the Right Phoenix Assault and Aggravated Assault Lawyer for You

Choosing the right lawyer is crucial, you need someone experienced with these charges who will fight tirelessly on your behalf. Look for a criminal attorney who:

  • Focuses specifically on assault and aggravated assault cases
  • Has a proven track record of positive outcomes on similar cases
  • Is respected by prosecutors and judges
  • Makes you feel comfortable and gives straight answers about possible results
  • Is available to respond to your calls and questions promptly
  • Clearly explains their fees and billing structure upfront

Don’t take chances with your future. Do your research to find the most qualified assault defense lawyer possible.

Takeaways – Act Fast If Facing Assault Allegations

Being accused of assault or aggravated assault in Phoenix is extremely serious. The potential penalties can damage the rest of your life.

Understanding the charges against you and possible defenses is important. But the single most critical thing you can do is hire an experienced criminal defense lawyer right away.

An aggressive lawyer thoroughly investigates the allegations, identifies weaknesses, negotiates with the prosecutor, and advocates for your best interests. This gives you the greatest chance of dismissing the charges or minimizing the penalties.

Don’t go it alone against the criminal justice system. Get personalized legal guidance from a knowledgeable assault defense attorney. It can make all the difference in the outcome of your case.

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