ASSAULT CHARGES DEFENSE
YOU NEED A SKILLED CRIMINAL DEFENSE LAWYER IF YOU ARE CHARGED WITH ASSAULT IN PHOENIX
Assault is considered a crime of violence and may bring severe consequences if you are found guilty. A criminal defense lawyer with a focus on violent crimes is crucial in such cases. Prosecutors in Arizona will aggressively seek convictions on assault charges. Your rights must be defended by a highly-qualified criminal defense attorney whether this is your first arrest on violent crimes charges or you have been convicted before. However, if you have a criminal record, the penalties for a conviction on assault charges can be catastrophic. Minimize your risk of conviction with a skilled Phoenix criminal defense lawyer on your side.
If you have been charged with assault, call the Phoenix Law Offices of Ashley D. Adams as soon as possible. Our experienced criminal law attorneys will provide you with the best defense possible. Assault charges are serious and conviction can severely affect your future. Contact Ashley D. Adams today via this website or call (480) 219-1366 for a free case evaluation. You will receive candid and experience-based guidance and advice.
WHAT IS ASSAULT AND WHAT ARE THE PENALTIES?
Assault is the intentional act of attempting or threatening to forcefully or violently cause physical harm or injury to another person. The intended victim must be aware of the threat and have a reasonable apprehension of imminent danger. It must also be apparent to the victim that the perpetrator has present ability to carry out the act (even if the perpetrator does not, in fact, have that ability). The charge of assault does not require actual physical contact with the victim (which is a battery). Only the reasonable and immediate threat of forceful contact is necessary. While the charge is very serious, when a skilled defense lawyer represents you, prosecutors may have an incredibly difficult time proving that assault actually occurred. A skilled attorney knows how to find the flaws in the prosecutor's case.
There are several types of assault that are provided for in the Arizona statutes:
- Simple assault: Conviction can result in up to one year in prison and fines up to $2,500. A person commits a simple assault by:
- intentionally, knowingly or recklessly causing any physical injury to another person (Class 1 misdemeanor); or
- intentionally placing another person in reasonable apprehension of imminent physical injury (Class 2 misdemeanor); or
- knowingly touching another person with the intent to injure, insult or provoke such person (Class 3 misdemeanor).
- Aggravated assault: is a much more serious crime and ranges between a Class 2 to a Class 5 felony. If convicted of aggravated assault, the jail term ranges from 2 years to 7 for a first offense, 4 years to 14 years with one dangerous prior, and 6 years to 21 years with two dangerous priors. Aggravated assault includes any of the following:
- serious physical injury;
- use of a deadly weapon or dangerous instrument;
- assault by binding or restraining the victim (or while the victim’s ability to resist is impaired);
- assault when entering a private home with intent to commit assault;
- if the perpetrator is 18 years or older and assaults a child 15 years or younger;
- if force is used that temporarily but substantially disfigures, impairs, or fractures a body part or damages a body organ;
- assault upon certain persons while on duty, such as a police officer, firefighter, constable, an EMT, teacher or school employee, healthcare practitioner, prosecutor, park ranger, or code enforcement officer;
- taking possession of a police officer’s firearm or weapon;
- assault while imprisoned;
- assault that impedes the normal breathing or blood circulation of someone.
- Threatening or intimidating: is communication of threats to someone, and is also considered an assault. Bodily harm threats is considered a Class 1 misdemeanor, however if the threat is made to coerce someone into gang activity, it is elevated to a Class 3 felony and can result in a 3 ½ year prison term.
- Endangerment: occurs if the perpetrator recklessly puts someone at risk of imminent death (felony endangerment) or physical injury (misdemeanor endangerment). Only the element of risk is required, no actual physical injury needs to occur.
CALL ASSAULT DEFENSE ATTORNEY ASHLEY D. ADAMS AS SOON AS POSSIBLE
Although assaults happen frequently under a variety of circumstances, an assault charge is a very serious matter. Often times assault charges are filed against someone who is merely defending themselves, others, or their property. Regardless of the situation, however, you are advised not to speak with the police. Speak with Assault Defense Attorney Ashley D. Adams first. Our experienced criminal defense attorneys will fight to protect your rights. Call our Phoenix office today at (480) 219-1366