Aggravated Assault Defense Attorney in Phoenix, AZ
Did you know that Aggravated Assault is considered a felony in Phoenix, AZ?
Depending on the severity of the offense and if it involved a weapon or the intent to commit a severe crime, the absence of those factors, you may be charged with simple assault, considered a misdemeanor.
From aggravated to simple assault charges, Aaron Black defends those who are charged with the crime.
A former Public Defender in Maricopa County, I understand that good people sometimes find themselves in bad situations. To me, that does not mean that those caught in a bad situation are criminals or even guilty of a crime.
What's the difference between Assault and Aggravated Assault?
Depending on the degree of injury and whether or not a weapon was involved are differencing factors when it comes to a misdemeanor or possible felony charge for assault or a severe felony charge for aggravated assault.
Assault in Arizona 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.
Conversely, aggravated assault is a person knowingly, recklessly, or intentionally provoking, injuring, insulting, or causing physical injury or harm to another person.
What is Aggravated Assault?
According to A.R.S. § 13-1204 (A),
if the person knowingly, recklessly, or intentionally provokes, injure, insult, cause physical injury or harm to another person.
A person may be found guilty of felony aggravated assault or simple assault charges under the following conditions.
- Used a deadly or dangerous weapon to commit the assault
- The serious physical injury occurred as the result of physical contact
- 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 another weapon(s)
- Committed a misdemeanor assault or simple assault while violating a restraining or protective order
- An attack was committed while the victim was bound, physically restrained, or while the victim's capacity to resist was substantially impaired
- Entering a private residence of another with the intent to commit assault
- Causing temporary but substantial disfigurement such as fractures to any body part, impairment of any bodily organ or temporary but significant loss
- Assaulting a police officer, firefighter, teacher, school employee, licensed health care professional, as well as criminal or public prosecutors, to name a few
Aggravated assault charges range from a Class 2 felony, which is the most severe to a Class 6, which is the least critical.
First time offenders in Phoenix, AZ, can expect to face the following types of penalties.
The penalties below are listed in order of the most severe to the least if the offense is charged as Dangerous. Prison would be mandatory if convicted of a dangerous aggravated assault.
- Class 2 aggravated assault
Prison term of up 7-21 years. Minimum (Presumptive) sentence Is 10.5 years
- Class 3 aggravated assault
Prison term of up to 15 years. Minimum (Presumptive) sentence is 7.5 years
- Class 4 aggravated assault
Prison term of 4 to 8 years. The minimum (Presumptive) sentence is 6 years.
- Class 5 aggravated assault
Prison terms of 2 to 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 aggravated felony convictions may also result in additional punishments.
- Fines up to $150,000
- Victim restitutions
- Criminal record as a felon
- Court penalties they deem as necessary
- Additional fees and assessments
Note, a conviction for aggravated assault cannot be removed from your record.
Aggravated Assault Defense
My reasons for defending my clients
is to protect their constitutional rights. Guilty or not, I do not care, and it's not even a question that I ask if my client committed a crime.
My main focus is if the Government can prove its case beyond a reasonable doubt.
Reasonable doubt is a doubt based upon reason and common sense, rather than being based purely on speculation.
Although anyone facing aggravated assault is facing severe punishments, there are several possible ways to defend you in court.
- You were defending others
- No criminal intent
- The wrong person is was accused
- The victim made the first threat
- Insanity defense
In every case that I advocate, no matter what charges my client is facing, the goal is always to get the state to dismiss their case long before the trial or to negotiate a plea agreement that benefits the person who made a mistake.
What is "Simple" Assault in Phoenix, AZ
As mentioned above, assault in Arizona, commonly referred to as "simple," 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.
Depending on the severity of the assault charges, the penalties range from a misdemeanor to felony assault charges.
The definition of Assault in Phoenix can is found in ARS 13-1203
. Assault is classified in a few different ways. The classifications are listed below.
- Class 1 Misdemeanor Assault
You can commit Assault under ARS 13-1203 A1 by intentionally, knowingly, or recklessly causing physical injury. A person can be charged with a Class 1 assault by punching, kicking, or biting someone.
- Class 2 Misdemeanor Assault
You can commit Assault under ARS 13-1203 A2 by placing a person in reasonable apprehension of physical injury. A person can be placed in reasonable fear by an individual threatening to hit or injure another person.
- Class 3 Misdemeanor Assault
Assault charges under ARS 13-1203 A3 are the result of touching another person with the intent to injure, insult, or provoke. A typical class 3 misdemeanor is when a person spits on another person.
Depending on the severity of the charges, the penalties range from a misdemeanor to a felony assault.
Class 1 misdemeanor
A class 1 misdemeanor is the most serious misdemeanor offense.
- 6 months in jail
- 3 years of probation (5 years maximum probation for D.U.I. offenses)
- $2,500 fine plus surcharges
Some of the most common class 1 misdemeanor offenses include D.U.I., driving on a suspended license, assault, disorderly conduct, criminal damage, shoplifting, and theft.
Class 2 misdemeanor
- Maximum of 4 months in jail
- 2 years of probation
- $750 fine plus surcharges
Some of the most common class 2 misdemeanor offenses are reckless driving, assault, criminal trespassing in the second degree, and criminal damage.
Class 3 misdemeanor
A class 3 misdemeanor is the lowest criminal offense but still, can carry severe punishments.
- Maximum of 30 days in jail
- 1 year of probation
- $500 fine plus surcharges
The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree, and criminal speeding.
Phoenix, AZ Criminal Defense Attorney
From burglary to white-collar crimes, you will never get fed a line of bull from me, just straightforward truth depending on the circumstances of your case, possible defenses, and potential outcomes. Criminal cases such as…
In each case that I defend, no matter what charges my Client is facing, the goal is always to get the state to dismiss their case long before the trial or to negotiate a plea agreement that benefits the person who made a mistake.
Personal, Legal Representation
At the Law Office of Aaron Black, I represent each of my clients. Unlike many large firms that work to acquire as many cases as possible at any given time, I represent a limited number of clients. You can expect individualized service from the Law Office of Aaron Black.
Not only will you get personal representation, but you will also get direct contact with me.
When you have questions, are nervous, need to talk, or you need to chat to ease your mind, you will have my cell number, and I'm available to you 24 hours a day.
Although not the cheapest defense attorney in Phoenix, AZ, when your freedom is at stake, you need the truth about the potential outcome and someone with knowledge of the legal system and the experience to back it up. With your life's balance on the line, cost should not be your first criteria when choosing a criminal defense attorney.
If you or someone you know are facing aggravated assault charges in Phoenix, AZ, or other communities in Arizona, please contact Criminal Defense Attorney Aaron Black
or call (480)729-1683 for a free consultation.
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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