Don’t delay—reach out to a Tempe Assault Attorney today
When confronted with criminal charges, it is crucial to secure the services of an experienced defense attorney. At TedLaw, we have decades of experience defending assault charges and are dedicated to reducing or dismissing the charges against you, allowing you to move forward with your life.
Our defense team at TedLaw handles Assault and Homicide defense cases in Phoenix, Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage, and all courts within the Phoenix metropolitan area and throughout the State of Arizona.
TEMPE ASSAULT & AGGRAVATED ASSAULT DEFENSE LAWYER
In the state of Arizona, individuals can face different types of assault charges, each with serious legal implications. Whether you or a loved one is dealing with a violent criminal charge, the Tempe assault attorney at TedLaw is here to provide assistance. We understand the importance of thoroughly investigating the charges against you and developing a strong defense strategy for the best possible outcome.
Why Choose a Tempe Assault Lawyer?
When facing assault charges, it is crucial to seek the help of a skilled violent crimes attorney in Tempe. Our experienced Team has a deep understanding of assault laws and possess the necessary expertise to build a robust defense tailored to your unique case. At TedLaw, we are dedicated to fighting for your rights.
- Extensive Experience: With over two decades of legal experience, our skilled legal team has the knowledge and insight to handle assault cases effectively.
- Decades of Jury Trial Experience.
- Respected Reputation: Our lawyers are highly respected within the Tempe, Arizona legal community.
- Aggressive Defense: We are committed to aggressively defending our clients. We refuse to settle for guilty pleas and are eager to fight for your rights in the courtroom.
- We are client-oriented and put ourselves in your shoes
Understanding Assault and Aggravated Assault
It’s important to differentiate between simple assault and aggravated assault in Arizona. Simple assault in Arizona is classified based on the intent and the resulting injury.
If you intentionally commit an assault and it causes an injury, it is considered a Class 1 misdemeanor. However, if the injury is caused recklessly rather than intentionally, the charge is reduced to a Class 2 misdemeanor. In cases where there is physical contact but no resulting injury, it is classified as a Class 3 misdemeanor assault. It’s important to note that you can still face simple assault charges even if no physical injury occurred, as long as the victim had a reasonable fear of imminent physical harm.
- Simple Assault (A.R.S. 13-1203): Simple assault is a misdemeanor offense that can result from various actions, including causing fear of bodily harm, intentionally touching someone to cause physical injury, or causing physical injuries to another person. Convictions for assault charges can lead to a maximum prison sentence of 12 months and a fine of $2,500.
Also known as felony assault, involves factors that elevate its seriousness and potential lethality compared to simple assault. In Arizona, it is classified as a felony offense rather than a misdemeanor, resulting in more severe penalties. Aggravated assault charges may be brought against you if you utilized a weapon or a dangerous instrument during the assault or if the victim sustained significant, life-altering injuries as a result.
Aggravated Assault (A.R.S. 13-1204): Aggravated assault charges range from a Class 2 to a Class 6 felony in Arizona, depending on the circumstances:
- Class 2. Prison sentence ranging from 7 to 21 years, with a presumptive term of 10.5 years.
- Class 3. Prison term up to 15 years, with a presumptive term of 7.5 years.
- Class 4. Prison term of 4 to 8 years, with a presumptive term of 6 years.
- Class 5. Prison term of 2 to 4 years, with a presumptive term of 3 years.
- Class 6. Prison term of 18 months to 3 years, with a presumptive term of 27 months.
Factors that can elevate the charge to aggravated assault include causing serious physical injury, using a deadly weapon, restraining the victim, causing significant disfigurement or fracture, assaulting someone in their private residence, or targeting protected victims like police officers, prison guards, medical professionals, firefighters, or teachers. Convictions for aggravated assault can result in prison sentences ranging from 18 months to 21 years, along with fines of up to $150,000.
*A serious physical injury is characterized by a substantial risk of death. It encompasses injuries that result in permanent scarring, disfigurement, significant impairment, or loss of function in an organ or limb. To be considered serious, an injury must extend beyond temporary impairment. A deadly weapon refers to an item suitable for causing lethal harm, such as a gun, regardless of whether it is loaded. A dangerous instrument encompasses any object that, when used or threatened, is capable of causing severe injury or death.
According to Section 13-1201 of the Arizona Revised Statutes, endangerment is committed when an individual recklessly places another person in immediate danger of physical injury or death. Reckless endangerment is a criminal offense that occurs when someone intentionally exposes another person to the risk of significant harm. Typically, the perpetrator is aware of the potential dangers but chooses to disregard them. Reckless endangerment is a broadly defined charge in Arizona, encompassing a wide range of actions and behaviors that can qualify as endangering others.
- Reckless driving
- Excessive speeding or drag racing
- Drunk driving with a child in the vehicle
- Serving alcohol to a minor
- Leaving a child unattended
- Breaking rules or laws
- Violating safety regulations at work
- Abusing a nursing home resident
- Shooting a gun into a crowd
- Throwing rocks off an overpass
- Cutting someone’s brakes
In order to pursue a reckless endangerment charge, prosecutors are required to establish that you had the intention to engage in the reckless conduct and that you either knew or reasonably should have known about the risks associated with your actions. It is not necessary for them to demonstrate that you intended to cause harm to the specific victim. The act of recklessness itself can be sufficient to warrant this criminal charge in Arizona. The penalties for reckless endangerment vary depending on the classification of the offense. For instance, an aggravated Class 6 felony may carry a prison term of two years. Endangerment that involves a significant risk of imminent death is categorized as a class six felony, whereas endangerment without such extreme risk is considered a class one misdemeanor.
THREATENING OR INTIMIDATING
Facing a criminal assault charge in Arizona does not necessarily require physical contact with another person. According to Arizona Revised Statutes Section 13-1202, an individual can be charged with threatening or intimidating if they use words or engage in conduct that threatens or intimidates another person, intending to:
- Cause physical injury to another person or serious damage to another person’s property;
- Cause, or act in reckless disregard of causing, serious public inconvenience, including but not limited to the evacuation of a building, transportation facility, or place of assembly; or
- Cause physical injury to another person or damage to the property of another person to promote, further, or assist in the interests of, or to cause, induce, or solicit another person to participate in a criminal street gang, criminal syndicate, or racketeering enterprise.
A conviction for a misdemeanor offense can result in a sentence of up to 6 months in jail, 3 years of probation, and fines of up to $3,600. However, the charge of threatening or intimidating can be elevated to a felony if it involves street gangs (Class 6). In such cases, the crime is classified as a Class 6 felony. Furthermore, if the offense is intended to promote the gang or recruit a new member, it is further escalated to a Class 3 felony.
Assault can be categorized as domestic violence under Arizona Revised Statutes Section 13-3601 if the crime is committed against a cohabitant of the household or an individual with whom the offender shares a personal relationship. Domestic violence encompasses any dangerous crime perpetrated against children in the household, a current or former spouse, someone currently or previously involved in a sexual relationship with the offender, the offender’s co-parent, or the offender’s blood or marital relative. Any act of assault committed by one family or household member against another may qualify as domestic violence.
If you are charged with assault and the allegations involve domestic violence, you may face additional penalties if convicted. An aggravated domestic violence charge, for instance, is a felony offense that can result in imprisonment for several years. However, most first-time domestic violence offenses are treated as misdemeanors, carrying potential fines, probation, jail time, and mandatory counseling. The nature of the relationship between you and the alleged victim will determine whether the prosecutor can charge you with domestic violence.
Benefits of Hiring a Tempe Assault Attorney
Our assault defense team does everything in his power to secure the best possible outcome for you. We are one of the top criminal defense firms in America. Facing assault charges requires a vigorous defense from a skilled attorney. Your Tempe criminal defense attorney will develop a strategic defense. Examples:
- Suppression of evidence may be pursued based on violations of the fourth, fifth, or sixth amendments. Your assault attorney in Phoenix has the option to seek the exclusion of evidence against you due to civil rights infringements during the collection process, such as unlawful search and seizure.
- The possibility of self-defense or defense of others can be explored. Your lawyer may advise you to admit to committing assault but assert that your actions were justified due to the threatening or dangerous behavior of the alleged victim. The defenses of crime prevention or defensive display of firearms may also be considered.
- Insufficient evidence is a component that lies within the responsibility of the defendant. Your defense attorney has the opportunity to present arguments demonstrating that the prosecutor lacks the necessary evidence to establish guilt beyond a reasonable doubt.
- There is no requirement of intent, recklessness, or mental state for conviction, as the prosecutor assumes the burden of proving that your alleged actions meet the criteria for assault, including establishing your intent to commit the specific crime.
Other potential defenses in your case include defense of property, consent, privilege, mistaken identity, alibi, involuntary intoxication, lack of knowledge of the victim’s status (such as not knowing they were a police officer), and other applicable defenses. The appropriate defense strategy could potentially result in reduced charges, lesser penalties, or even the avoidance of a criminal conviction entirely. It is advisable to seek the guidance of a Phoenix assault lawyer to discuss the potential defenses available to you and to assess the future of your case. Keep in mind that each case and defendant is unique, so personalized legal advice is crucial.
Contact TedLaw today and speak to an Assault Lawyer in Arizona regarding your case. We specialize in DUI/DWI cases, vehicular crimes, homicide, drug and sex offenses, white-collar crimes, property crimes, and other violent crimes. Reach us at 602-453-3100 or visit our website to get in touch.