Experienced Phoenix Criminal Defense Attorney Dedicated to Protecting the Rights of Clients Charged with Violent Crimes
Aggravated assault is one of the most serious violent crime charges in Arizona. It involves causing harm or threatening harm to another person under circumstances that elevate the offense beyond a simple assault charge. A conviction for aggravated assault can result in severe penalties, including lengthy prison sentences, fines, and a permanent criminal record. If you are facing an aggravated assault charge, understanding the law and your legal options is essential. At the Law Office of James E. Novak, our phoenix aggravated assault lawyer is here to help you build a strong defense and fight for your rights.
What Is Aggravated Assault?
Under A.R.S. § 13-1204, aggravated assault occurs when an assault is committed under specific aggravating circumstances. These circumstances typically involve the severity of the harm caused, the use of a weapon, or the identity of the victim. While simple assault is generally classified as a misdemeanor, aggravated assault is a felony and carries much harsher penalties.
To understand aggravated assault, it’s helpful to first look at Arizona’s assault statute. Under A.R.S. § 13-1203, assault occurs when a person:
- Intentionally, knowingly, or recklessly causes physical injury to another.
- Intentionally places another person in reasonable apprehension of imminent physical injury.
- Knowingly touches another person with the intent to injure, insult, or provoke.
When any of these actions are coupled with aggravating factors, the charge is elevated to aggravated assault.
Elements of Aggravated Assault
To prove aggravated assault, the prosecution must establish the following elements:
- An assault occurred: The defendant committed an act that meets the definition of assault under A.R.S. § 13-1203.
- Aggravating factors: Certain circumstances elevate the offense to aggravated assault. These factors include:
- Use of a deadly weapon or dangerous instrument.
- Causing serious physical injury to the victim.
- Committing the assault while the victim is bound, restrained, or unable to resist.
- Assaulting a public servant, police officer, healthcare worker, or teacher while they are performing their official duties.
- Committing the assault in the presence of a minor.
- Entering a private residence to commit the assault.
The prosecution must prove these elements beyond a reasonable doubt to secure a conviction.
Examples of Aggravated Assault
Aggravated assault can take many forms, including:
- Using a weapon: Striking someone with a baseball bat, pointing a firearm at another person, or using a knife during an altercation.
- Serious injuries: Breaking someone’s bones, causing permanent disfigurement, or inflicting injuries requiring extensive medical treatment.
- Assaulting a public official: Striking or threatening a police officer, firefighter, or healthcare provider while they are performing their duties.
- Home invasion: Entering someone’s home without permission and attacking them.
Even situations that begin as minor disputes can escalate into aggravated assault charges if a weapon is involved or the injuries are severe.
Defenses to Aggravated Assault Charges
An aggravated assault charge is serious, but it doesn’t automatically result in a conviction. A skilled defense attorney can analyze the facts of the case and develop a strategy to challenge the prosecution’s evidence. Common defenses include:
- Self-defense: If you acted to protect yourself or another person from immediate harm, this can be a valid defense. Arizona law allows the use of physical force in certain situations where you are in imminent danger.
- Lack of intent: To be convicted of aggravated assault, the prosecution must prove you acted intentionally, knowingly, or recklessly. If your actions were accidental, your attorney can argue that you lacked the intent required for conviction.
- False allegations: In some cases, accusations of aggravated assault may be fabricated or exaggerated. This can occur in domestic disputes or situations involving conflicting witness accounts.
- Insufficient evidence: The prosecution must present enough evidence to prove all elements of the charge beyond a reasonable doubt. If the evidence is weak, your attorney can push for a dismissal or reduction of charges.
- Violation of rights: If law enforcement violated your constitutional rights during the investigation, such as conducting an illegal search or failing to provide a Miranda warning, your attorney may argue for the exclusion of evidence or dismissal of the case.
Each case is unique, and our Phoenix aggravated assault lawyer will created a defense strategy tailored to the specifics of your case to ensure your case ends in the best possible outcome.
Punishments for Aggravated Assault
Aggravated assault is a felony in Arizona, and the penalties vary depending on the circumstances of the case and the defendant’s criminal history. Common penalties include:
- Prison time: Sentences range from 2.5 years to 25 years or more, depending on the felony class and aggravating factors.
- Fines: Convictions can result in fines of up to $150,000, excluding surcharges.
- Probation: Some cases may involve probation, community service, or mandatory counseling as part of the sentence.
- Collateral consequences: A felony conviction can lead to loss of civil rights, such as voting or owning firearms, and difficulties securing employment, housing, or professional licenses.
Because aggravated assault is classified as a dangerous offense in many cases, Arizona law imposes mandatory minimum prison sentences for certain convictions.
If you or a loved one is facing an aggravated assault charge, you need an experienced criminal defense attorney to protect your rights and fight for the best possible outcome. At the Law Office of James E. Novak, we have a deep understanding of Arizona’s assault laws and a proven track record of defending clients against serious felony charges. You don’t have to face this alone. Contact us today at 480-413-1499 or through our secure online contact form to schedule a free consultation. Let us help you build a strong defense and move forward with confidence.