Assault Charge Defense Lawyer Phoenix Arizona
If you’re arrested on an assault charge in Phoenix or elsewhere in Maricopa County or the surrounding areas of Arizona, your life could be turned upside down, especially if you’re innocent or there’s extenuating circumstances. We can provide you with a free consultation and give you your best legal options for your defense case.
To get a free consultation, just call us today at 602-324-5300. We can help you uncover the circumstances in your case that can provide the best defense for you so you get the best possible outcome.
When you face the oppressive power and virtually unlimited resources of the government, you need defense against any assault case in Phoenix or anywhere in Arizona.
Our criminal defense team has the experience, legal expertise and dedication that you want on your side. At The Ferragut Law Firm, our decades of experience in handling the most difficult criminal assault cases along with time serving as a judicial officer helps us know what to expect in assault charge cases. This way we can get you the best results possible. Our law firm works closely with private investigators, forensics experts, mitigation experts, and experts in many other specialized areas of knowledge when striving for the most favorable outcome for our clients that are facing assault charges.
What is an Assault Charge in Arizona?
In Arizona, assault can be charged as a misdemeanor or a felony depending on the specific facts and circumstances of the charges. The criminal offense of assault is classified into two distinct types of offenses under Arizona law:
(1) misdemeanor assault, and
(2) felony assault (“aggravated assault”).
Each of these types of assault can carry several potential types of penalties. They can range from probation and counseling to imprisonment and substantial fines.
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Definition & Penalties for Aggravated Assault (Felony Assault) in Arizona [A.R.S. 13-1204]
The prosecutor may charge assault as a felony (“aggravated assault”) if an individual engages in conduct defined by A.R.S. 1203 (A)(1)-(A)(3) listed above and any of the following apply:
- Physical injury that’s serious in nature
- Use of any dangerous instrument or lethal weapon
- Any type of temporary substantial disfigurement or temporary substantial impairment/loss of body organ or fracture
- Victim restrained or victim’s ability to resist becomes substantially impaired
- If the alleged crime was committed after entering home of another
- If the alleged perpetrator is 18 or older and the victim under 15
- If there was reason to know that the victim is a member of certain protected classes under specific circumstances including health care practitioners, public defenders, prosecutors, , municipal park rangers, code enforcement officers, law enforcement officers, firemen, or teachers
While this list includes many of the factors that can result in an assault offense being charged as a felony, the list is not exhaustive, so you should speak to an experienced defense attorney if you are charged with an assault offense.
The consequences of a felony assault conviction can have an impact that follows you long after you have fulfilled your term of incarceration, such as:
- Disqualification from obtaining certain professional and occupational licenses
- Public felony record adversely affecting job opportunities and promotions
- Negative consequences regarding immigration status and benefits
- Adverse impact on academic opportunities
- Loss of Constitutional rights including firearm ownership/possession
- More significant penalties/charges for subsequent offenses
Understanding the Criminal Offense of “Simple Assault” under Arizona Criminal Law [A.R.S. 13-1203
- A.R.S. 13-1203(A)(1) Causing any physical injury to another individual intentionally, knowingly or recklessly constitutes a Class 1 misdemeanor which is punishable by a maximum of six months in county jail and a $2,500 fine.
- A.R.S. 13-1203(A)(2) Intentionally causing another person to experience reasonable apprehension of imminent physical injury is a Class 2 misdemeanor that can result in a term of incarceration of up to four months and a $750 fine.
- A.R.S. 13-1203(A)(3) Knowingly touching another individual with the intent to injure or insult the other person is a Class 3 misdemeanor that can carry a sentence of thirty days in jail and a $500 fine.
Sentences for misdemeanor assault also can carry other penalties that include some or all of the following:
- Monetary restitution
- Anger management classes
- Other costs and fees
- Other penalties the court determines are appropriate
Here is a link to the Arizona Revised Statutes for assault. If you have been charged, you need to find an assault charge defense lawyer Phoenix as soon as possible to help defend you in your case.
Defending Against an Assault Case in Phoenix Arizona
When you are confronting the potentially life-changing charges of assault, you should not speak to the police about your case until you have spoken to your defense counsel. If the police insist you speak, you may need to respectfully remind them of your rights and assert your right to a criminal defense lawyer.
How do we proceed with an assault charge case? Our criminal defense team at the Ferragut Law Firm carefully investigates medical records, police reports, witness statements and other evidence, so we can identify any police misconduct, all other potential defenses as well as weaknesses in the prosecutor’s case. Our defense strategy is carefully tailored to the specific facts of your case.
Regardless of which assault type you’ve been charged with, we are fully equipped to handle the many tasks required to come up with your strongest defense. Your defense team here at the firm will:
* Gather all evidence
* Reveal any false testimonies
* Suppress evidence obtained illegally and
* Expose insufficient evidence.
If you are charged with assault we can sort out possible defenses. These include a lack of evidence, self-defense, defense of others, lack of intent, defense of property, and Miranda violations. Our end goal if at all possible is to obtain an acquittal or dismissal.
When this is not possible, we aggressively pursue a the best possible plea agreement. This can include diversion and dismissal of the charges. Some jurisdictions will allow people to complete classes to help them both personally and regarding their charges.
In any event, you need the strongest and most aggressive assault charge defense lawyer Phoenix Arizona. We invite you to contact us today at 602-324-5300 at any time to schedule your free consultation with a knowledgeable and experienced criminal defense attorney.