Facing allegations of a violent crime can be overwhelming. And if you’re charged with aggravated assault, the situation is about as serious as they come. However, there’s a long way between an arrest and a conviction, and at the Law Office of James E. Novak, we know how to stop the prosecution in its tracks. For more than 20 years, we’ve been defending the rights and freedom of clients charged with felony assault, helping them move past their arrest and on with their lives. Over this time, we’ve also come to learn that many of our clients have a lot of questions about their charges, which is why we put together this list of aggravated assault FAQs.
If you have questions about the crime of aggravated assault, review the following aggravated assault FAQs. If you have additional questions, give us a call to schedule a free consultation.
There are a few ways someone can commit an assault. Under A.R.S. § 13-1203, assault charges can be based on 1.) any contact that was intended to cause physical injury to another person, 2.) intentionally placing another person in fear of imminent physical injury, or 3.) knowingly touching another person to injure, insult or provoke them. These actions make up the crime of simple assault, which is a misdemeanor. However, if one or more aggravating circumstances apply, the offense turns into an aggravated assault.
Arizona’s aggravated assault law is contained in A.R.S. § 13-1204. This statute provides that an aggravated assault occurs when someone commits a simple assault and any of the following circumstances apply:
Strangulation is also considered aggravated assault if the defendant and the alleged victim are currently or were ever married, lived together, were related by blood or marriage or have a child in common.
In Arizona, aggravated assault is always a felony. However, there are several degrees or classes of aggravated assault, ranging from a Class 6 felony to a Class 2 felony. For example, causing serious physical injury to another person is a Class 3 felony unless the alleged victim was a prosecutor or under the age of 15, in which case it is a Class 2 felony.
Yes, it is possible to convince the prosecution to amend the charges, reducing an aggravated assault to a misdemeanor assault. Of course, prosecutors are very hesitant to reduce charges, especially when they are violent in nature. However, an experienced Tempe criminal defense attorney may leverage mitigating information about the defendant and weaknesses in the prosecution’s case to make a strong case for a reduction in charges.
If you’ve been charged with a violent crime, it’s to be expected that reviewing these aggravated assault FAQs might raise additional questions. If so, don’t hesitate to give the Law Office of James E. Novak a call to schedule a free consolation. We are more than happy to listen to the facts of your case and answer whatever questions you have. To learn more, and to schedule a free consultation today, call 480-413-1499 or connect with us through our online contact form.