How Aggravating Factors Can Turn Serious Charges into Life-Altering Consequences

In Arizona, what might start as a straightforward criminal charge can quickly escalate into something far more serious when prosecutors tack on aggravating factors. Things like prior convictions, especially for violent offenses, can turn a bad situation worse. But even without a criminal record, other elements—like committing a crime while impersonating an officer, targeting a victim protected by a restraining order, or acting with particular cruelty—can add years to a sentence and sway a jury’s perception before the trial even begins.

A recent assault and burglary case illustrates just how damaging these factors can be. The defendant wasn’t just accused of breaking into a home and attacking someone—he was also pretending to be a law enforcement officer, and there was an active protective order against him. Those details didn’t just make the charges more severe; they painted him as someone who flouted authority and posed an ongoing danger, which undoubtedly influenced the jury’s decision.

The case itself played out like something from a low-budget crime thriller, but with very real consequences. The defendant, along with two others, disguised themselves and claimed to be federal officers before forcing their way into a home. Once inside, he attacked multiple people with a metal bat, leaving one victim with broken bones and another with a concussion. The fact that he was under a protective order at the time—meaning he was already legally barred from contacting the victims—made the whole situation look even more calculated and sinister in the eyes of the jury. Unsurprisingly, he was convicted on multiple counts, including aggravated assault and burglary, and sentenced to decades in prison.

He appealed, arguing that the prosecutor had improperly referenced the protective order during opening statements—even though it was never entered into evidence. His legal team contended that this unfairly prejudiced the jury, making him appear guilty before any proof was presented. The prosecution countered that the judge’s instructions to the jury—reminding them that opening statements aren’t evidence—were enough to cure any potential harm. The appeals court ultimately agreed with the prosecution, ruling that while the reference shouldn’t have happened, it didn’t rise to the level of “fundamental error” that would have justified overturning the verdict. That’s a tough break for the defendant, but it highlights a harsh reality: once improper information slips into a trial, even inadvertently, it’s incredibly difficult to undo the damage.

This case underscores just how steep the uphill battle can be for defendants in Arizona. Prosecutors have a lot of leeway to introduce evidence—or even just suggestive statements—that can make a defendant look like a habitual offender or a danger to society, regardless of whether those details are directly relevant to the charges at hand. And once a jury hears something inflammatory, it’s hard to un-ring that bell, no matter how many instructions the judge gives. That’s why it’s critical for anyone facing serious charges to have a defense attorney who knows how to shut down improper evidence before it reaches the jury—and who can lay the groundwork for an appeal if necessary.

The Law Office of James E. Novak Is Here to Help You Tackle Your Case Head-On

If you or someone you love is under investigation or has been charged with a crime in Arizona, don’t leave your future to chance. The Law Office of James E. Novak is committed to fighting back against prosecutorial overreach and keeping irrelevant, prejudicial information out of the courtroom. As an experienced Arizona criminal defense lawyer, James Novak knows how to make timely objections, challenge improper evidence, and build a strong defense from the start—because once a jury hears something they shouldn’t, it’s often too late to fix the damage. Don’t wait until the odds are stacked against you. Call 480-413-1499 today for a free consultation, and let us help you protect your rights, your freedom, and your future. When the stakes are this high, you need a lawyer who won’t back down.