Aggravated Assault Defense Attorney | Phoenix, AZ | Aaron Black
As an aggravated assault defense attorney in Phoenix, AZ, I have witnessed firsthand how scared my clients get knowing a potential felony is looming over their heads. Not only do they feel terrible about their current situation, but the idea of serving a lengthy prison sentence terrifies them like no other.
If you need an attorney to defend you against an aggravated assault charge, then you have come to the right place. As a former public defender in Maricopa County, I know that good people sometimes find themselves in bad situations. I also know that police officers, and other law enforcement officials, do not always act in accordance with the law.
When that happens, you need an attorney who will act in your best interest as the defendant and aggressively defend you against any false charges or police misconduct. From aggravated to simple assault charges, I will defend you if the state accuses you of committing a violent crime.
As one of the highest-rated
criminal defense attorneys in Phoenix, I am well aware of the differences between simple assault and aggravated assault. If the prosecution cannot prove that certain factors exist, then you could have your felony assault charge lowered to a misdemeanor.
I will use my knowledge of Arizona criminal law to uncover the truth and pursue a full case dismissal on your behalf or have your charges lowered to the right classification. Contact me today if you believe your freedom is at stake and you need someone to help you craft a winning criminal defense
. I will answer your questions
and help you review your legal options during your free case evaluation.
What Is Aggravated Assault?
According to A.R.S. § 13-1203 (A)
, a person commits assault when he or she knowingly, recklessly or intentionally provokes, injures, insults or causes physical injury or harm to another person.
An assault becomes aggravated assault if a person commits assault as defined by section 13-1203 under any of the following circumstances.
- Used a deadly or dangerous weapon to commit the assault
- Serious physical injury occurred as the result of physical contact
- Perpetrator is over the age of 18 and committed assault on a child under the age of 15
- Attempted or gained control over a police officer’s weapon or other weapons
- Committed a misdemeanor assault or simple assault while violating a restraining or protective order
- Committing an attack while the victim is bound, physically restrained or while the victim’s capacity to resist is substantially impaired
- Entering a private residence of another with the intent to commit assault
- Using force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ/part or a fracture of any body part
- Assaulting a police officer, firefighter, teacher, school employee, licensed health care professional, as well as criminal or public prosecutors, to name a few
You can refer to A.R.S. § 13-1204 (A)
for the entire list of circumstances that will upgrade an assault charge to aggravated assault.
What Are the Penalties for Aggravated Assault?
Aggravated assault charges range from a Class 2 felony which is the most severe, to a Class 6, which is the least severe.
First-time offenders in Phoenix, AZ can expect to face the following types of penalties for an aggravated assault offense.
Class 2 Aggravated Assault
Prison term of up to 7-21 years. The minimum (presumptive) sentence is 10.5 years.
Class 3 Aggravated Assault
Prison term of up to 15 years. The minimum (presumptive) sentence is 7.5 years.
Class 4 Aggravated Assault
Prison term of up to 4-8 years. The minimum (presumptive) sentence is 6 years.
Class 5 Aggravated Assault
Prison term of up to 2-4 years. The minimum (presumptive) sentence is 3 years.
Class 6 Aggravated Assault
Prison terms of 18 months to 3 years. The minimum (presumptive) sentence is 27 months.
Bear in mind that felony aggravated assault convictions may also result in additional punishments.
- Fines up to $150,000
- Victim Restitution
- Criminal Record as a Felon
- Additional Fees and Assessments
- Other Court Penalties if Deemed Necessary
It is important to remember that you cannot have an aggravated assault conviction removed from your record. As such, it is essential to hire an experienced criminal defense lawyer to act as your representative in court.
The stakes are simply too high for you to take any chances or wait too late to hire me as your aggravated assault defense attorney.
What Is the Difference Between Assault and Aggravated Assault?
Many people have difficulty understanding the difference between assault and aggravated assault. An easy way to think about it is that aggravated assault is a more serious, severe version of assault.
While simple assault charges can range from a Class 3 misdemeanor to a Class 2 felony, all aggravated assault charges are classified as felonies. An aggravated assault has all the elements of an assault, plus at least one of the conditions that I have listed for you above.
In many cases, a defendant may dispute one or more of the conditions that resulted in him or her receiving an aggravated assault charge. If you believe that your aggravated assault charge is unwarranted, then I can work with you to have your charge dismissed entirely or reduced to simple assault
This will drastically reduce the number of consequences you will receive with a conviction. I can review the details of your case in person during a free case evaluation.
What Are the Most Common Defenses in Aggravated Assault Cases?
The facts and circumstances of the aggravated assault offense in question will ultimately help me decide which defense to use. As a Phoenix aggravated assault defense attorney, I can help you find the right defense strategy that gives you the best chance of receiving a favorable result.
Here are some of the most common defenses that I recommend in aggravated assault cases.
- Threat of Death
- Defense of Others
- Defense of Property
- Lack of Mental State
- Lack of Evidence to Prove Causation
- Irregularities During the Arrest
- And More!
As the defendant, it is up to you to penetrate the prosecution’s case and prove that reasonable doubt does exist. It is near impossible to do this without the help of an experienced criminal lawyer.
With years of experience in the criminal defense industry, I can help you prepare a solid assault defense, challenge the prosecution’s case against you and negotiate a reduction or dismissal of the charges.
What Is Simple Assault in Phoenix, AZ?
One of the more commonly charged offenses in Arizona, simple assault is defined as intentionally, knowingly or recklessly causing physical injury, placing a person in reasonable apprehension of bodily injury or touching another person with the intent to injure, insult or provoke.
The penalties for simple assault in Phoenix, AZ can vary greatly from case to case. The state could charge you with a misdemeanor or felony charge based on the facts of your case.
However, while the penalties for a simple assault conviction can involve some jail time, the penalties for other assault-related charges, including felonious assault are typically more severe.
Classifications for Misdemeanor Assault in Arizona
There are three different types of classifications for misdemeanor assault in Arizona.
Class 1 Misdemeanor Assault
This is the highest classification of misdemeanor assault charges. The prosecution must prove, beyond a reasonable doubt, that the defendant intentionally, recklessly or knowingly caused physical injury. The physical injury does not have to be over the top. You could receive a Class 1 misdemeanor charge for giving someone a small bruise or the slightest injury.
Class 2 Misdemeanor Assault
For a Class 2 misdemeanor assault, the prosecution must prove, beyond a reasonable doubt, that the alleged victim had reason to believe the defendant would cause them physical harm. You could receive a Class 2 misdemeanor assault charge for merely threatening to hit or injure another person.
Class 3 Misdemeanor Assault
For a Class 3 misdemeanor assault, the prosecution must prove, beyond a reasonable doubt, that the defendant knowingly touched a person with the intent to injure, insult or provoke. A common example of a Class 3 misdemeanor is when a person spits on another person.
What Are the Penalties for a Misdemeanor Assault Offense?
As I mentioned above, the level of misdemeanor charge a defendant receives will depend on his or her alleged mental state and the severity of the alleged conduct.
Here are the penalties you could receive for a misdemeanor assault offense.
Class 1 Misdemeanor
- Up to 6 months in jail
- 3 years of probation (5 years maximum probation for DUI offenses)
- $2,500 fine plus surcharges
- Anger management classes
- Community service
Class 2 Misdemeanor
- Up to 4 months in jail
- 2 years of probation
- $750 fine plus surcharges
- Anger management classes
- Community service
Class 3 Misdemeanor
- Up to 30 days in jail
- 1 year of probation
- $500 fine plus surcharges
- Community service
- Anger management classes
Aggravated Assault Defense Attorney Frequently Asked Questions
How Much Does an Aggravated Assault Lawyer Cost?
If you are the defendant in a criminal case involving aggravated assault, then you will need the help of an aggravated assault defense lawyer. While you might feel tempted to hire the cheapest attorney you can find online, you may not end up with the result you want.
You should always look to hire the attorney you feel will do the best job handling your case. In my experience, the cost of hiring me as your attorney will pale in comparison to the penalties and fines you will receive with a conviction.
With my knowledge of the legal system and the experience to back it up, you may end up saving money in the long run and avoiding a lengthy prison sentence. If you ask me, that sounds like a win-win scenario!
If you need an aggravated assault lawyer, then I strongly encourage you to give me a call. I do my best to keep my services as affordable as possible and will happily discuss possible payment options for you during your free case evaluation.
What Should I Look For When Hiring an Aggravated Assault Attorney in Phoenix?
Like most people, you may not have any direct experience as a criminal defendant and need help obtaining legal representation. If you find yourself facing a simple assault or felony assault charge, then you should immediately begin looking for an attorney to handle the bulk of your casework.
In my experience, it is best to hire an aggravated assault attorney in Phoenix who is excited about practicing law and has not become jaded by the Arizona legal system. Too often, attorneys become worn down and pessimistic over time, causing them to cut corners, lack assertiveness during key moments and fail to come up with creative solutions to tough legal challenges.
As the person charged with an assault offense, you deserve to have passionate and committed legal representation. My years of experience as an aggravated assault attorney in Phoenix have only made me more determined to protect the accused from the excesses of law enforcement.
If a law enforcement officer or prosecutor has mishandled your case in any way, then I will uncover this information and launch an aggressive defense on your behalf. You can feel confident knowing the Law Office of Aaron Black
will have your back throughout the entirety of your assault case.
Do You Have Experience Defending People Facing Aggravated Assault Charges?
As you probably already know, the penalties for an aggravated assault conviction are severe and could dramatically impact the rest of your life. You need an attorney who has years of experience handling cases similar to your own. You do not want a novice attorney who is new to Arizona criminal law or has never litigated an aggravated assault case.
As the principal attorney at the Law Office of Aaron Black, I have over 15 years of experience working as a criminal defense attorney
in Phoenix, Arizona and the surrounding areas. I have defended many clients who have been accused of causing physical injury or bodily harm to another person.
My job as an aggravated assault lawyer is to protect my clients from government overreach and make sure they receive a fair trial. If I am your defense attorney, then you will receive a robust defense and have your constitutional rights protected while in the court system.
I will examine your case from every angle and challenge any argument the prosecution presents during trial. You can take comfort knowing my experience in Arizona federal, state, county and city courts will make an impact on the outcome of your criminal case.
How Often Should I Expect to Hear From My Aggravated Assault Defense Lawyer?
We have all heard the horror stories of people who have not heard from their attorney for weeks at a time and have no idea what is happening in their case. This story should never happen to anyone, especially a person who is facing an aggravated assault criminal charge.
As the defendant in an aggravated assault case, you deserve to have an attorney who communicates with you regularly and keeps you updated on the status of your case. Your attorney should make you feel confident about the direction of your case and update you anytime a new development occurs. Anything less than this is simply unacceptable.
At the Law Office of Aaron Black, I personally represent every one of my clients. If you choose me as your aggravated assault defense lawyer, I will make a concerted effort to keep you informed about your case every step of the way.
If you have any questions, concerns, or simply want to chat to calm your nerves, then I am always available. You will have a direct line to contact me, 24 hours a day. I promise you will feel confident and relaxed knowing I am by your side throughout this entire ordeal.
Don’t believe me? Check out my Avvo page
where I have over 400 positive reviews from clients. I have a 10/10 rating from the legal directory because of my client-first approach to every criminal defense case I undertake.
How I Can Help You Defend Yourself Against a Criminal Charge
Finding the right defense to protect yourself against a criminal conviction is no easy feat. It becomes even harder when you stand accused of committing a violent crime
, such as aggravated assault. In these situations, you need a highly experienced attorney to help you level the playing field against the prosecution and prevent yourself from starting off at a disadvantage.
At the Law Office of Aaron Black, there are many ways that I can help you deal with your legal troubles. I can help you with all the documents and paperwork you will need to file throughout the duration of your case. I am a skilled investigator and can help you challenge any evidence that does not make sense or was illegally obtained.
Over the course of my decade’s long legal career, I have gathered a network of professionals who can help with your case. I know many private detectives and expert witnesses who can help with discovery and challenge evidence when needed.
The relationships I have built over the past 15 years could potentially change the outcome of your criminal case, either through a reduction in charges, a complete dismissal or a negotiated plea deal.
Phoenix Aggravated Assault Attorney – Free Case Evaluation
Because aggravated assault charges are so serious, you need an attorney who places a premium on the attorney-client relationship. Your Phoenix aggravated assault attorney should provide you with individualized service and personal representation. Unfortunately, you may not get this sort of treatment from a large law firm that works to acquire as many cases as possible at any given time.
At the Law Office of Aaron Black, I personally represent each of my clients. You can expect to receive a level of service that you will not find from a firm with a large number of partners and junior associates. I only represent a limited number of clients, so you know I will respond to your messages on time. I will give you my direct contact information so you can reach me at any time.
When your freedom is at stake, you deserve the truth about the potential outcome of your criminal case. Your attorney should have knowledge of the legal system and the experience to see your case through until the end. With your life’s balance on the line, you should avoid hiring a cheap attorney with a poor case record.
If you or someone you know are facing aggravated assault charges in Phoenix, AZ or other communities in Arizona, then please contact me
today or call 480-729-1683 to book a free, confidential case evaluation.
Representing clients in all Arizona federal, state, county and city courts, I serve clients in the following cities.
- Apache Junction
- Tempe, Arizona
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