Gilbert Aggravated Assault Lawyer

Gilbert Aggravated Assault Attorney

The term “aggravated assault” applies to more than 11 unique circumstances where a misdemeanor assault charge may be upgraded to a felony aggravated assault charge. This could carry multiple years of prison time even for people who have never been convicted of a felony before. An experienced Gilbert aggravated assault lawyer can be a valuable resource.

Being accused of aggravated assault is an extremely serious matter that warrants help from an experienced assault attorney at Grand Canyon Law Group. A former prosecutor now working as a Gilbert criminal defense lawyer knows how to do things the right way and can help you achieve a favorable outcome in your case.

SIMPLE ASSAULT VS. AGGRAVATED ASSAULT

According to Arizona Revised Statutes § 13-1203, simple assault entails someone causing physical injury to another person through intentional or reckless conduct, knowingly touching another person with intent to injure or provoke them, or intentionally making someone else experience “reasonable apprehension of imminent physical injury.” Under A.R.S. § 13-1204, someone commits aggravated assault if they commit simple assault as defined above with any of the following aggravating conditions:

• The assault involved the use of a dangerous instrument or deadly weapon
• The perpetrator was over 18 years old and targeted someone under 15 years old
• The targeted person was physically restrained in some way during the assault
• The perpetrator entered someone else’s private dwelling with the intent to commit assault
• The perpetrator was incarcerated and targeted a correctional employee or law enforcement officer
• The assault involved physical contact of some kind and constituted a violation of a court order of protection
• The assault involved the perpetrator attempting to take or successfully taking a firearm or other weapon from a police officer
• The assault resulted in “serious physical injury,” temporary but substantial disfigurement or disability, or a fracture of any part of the body
• The targeted person was – and the perpetrator knew they were –a police officer, firefighter, teacher, healthcare worker, court official, or other government employee

Simple assault against a family member that involves the targeted person having their breathing or blood circulation restricted through pressure to the neck or throat can also be prosecuted as felony aggravated assault. An aggravated assault lawyer in Gilbert could determine which factors in a particular case elevated the case from simple to aggravated.

HOW TO EFFECTIVELY CONTEST AGGRAVATED ASSAULT CHARGES

Successful defense strategies against aggravated assault charges tend to be built around proving at least one element of the offense as defined in the legal code cannot be proven “beyond a reasonable doubt.”

This is important because if even one part of the legal definition of aggravated assault is not met, a defendant cannot be convicted of that offense in court even if they fulfill most other parts of the definition. A Gilbert attorney with experience in aggravated assault cases can argue the aggravating factors have not been proven.

How to Prepare for an Aggravated Assault Case

With an aggravated assault rate of 5.5 per 1,000 people in 2022, this charge remains a serious and common legal issue. If you’re facing an aggravated assault case, preparation is key. Start by gathering all documents tied to your arrest, such as police reports and court papers. Write down a clear, honest timeline of events, including the names of any witnesses.

Share everything with your attorney, even small details. Be ready to answer questions about your background, as it may affect your case. Organize any photos, messages, or other evidence that could support your version of events. Trust your lawyer, follow their guidance, and stay involved in your defense. Being prepared helps build a stronger strategy from the beginning.

FAQs

Q: What Happens When You Press Charges on Someone for Aggravated Assault?

A: When you press charges for aggravated assault, it means you’re reporting a serious crime to the authorities. The police will investigate the incident and gather evidence. If they find enough proof, the case may be sent to a prosecutor. The prosecutor then decides whether to formally file charges. If charges are filed, the accused person will go through the legal process, which could include arrest, court hearings, and possibly a trial.

Q: What Is the Most Common Punishment for Assault?

A: The punishment for assault depends on how serious the charge is. Less serious cases might involve fines, probation, or community service. More serious cases can lead to jail time or mandatory programs like anger management. The punishment also depends on things like the person’s criminal history and the details of the incident. Each case is different, and the outcome can vary.

Q: What Is Aggravated Assault?

A: Aggravated assault is a more serious form of assault that usually involves causing serious injury or using a weapon. It goes beyond simple assault because it involves greater harm or a stronger threat. This charge often applies when someone intends to cause serious physical harm or acts with extreme force. Laws may define it differently depending on the location, but it generally carries heavier penalties.

Q: Is It Hard to Win an Aggravated Assault Case?

A: Winning an aggravated assault case can be challenging, but it depends on the facts. The outcome often hinges on the evidence, witness statements, and how the incident happened. If there are issues with how the arrest was handled or if self-defense applies, it may help your case. A strong legal strategy can also make a big difference. While these cases are serious, having an experienced defense lawyer gives you a better chance of reaching a favorable outcome.

Q: How Much Is an Aggravated Assault Lawyer, and Are They Worth the Cost?

A: The cost of an aggravated assault lawyer can vary based on the complexity and the lawyer’s experience. Serious charges usually require more time and resources, which can raise the cost. Some lawyers charge a flat fee, while others bill by the hour. Though hiring a lawyer can be expensive, it’s often worth the investment. A skilled defense attorney can protect your rights, guide you through the legal system, and work toward the most optimal result possible.

TALK TO AN AGGRAVATED ASSAULT ATTORNEY IN GILBERT TODAY

Being accused of assaulting someone else under any circumstance can have significant criminal and social consequences. Allegations of aggravated assault are potentially life-altering whether you have an existing criminal record or not, because they are always categorized as felonies, not misdemeanors.

Guidance from a capable Gilbert aggravated assault lawyer at Grand Canyon Law Group, with offices in Mesa, Gilbert, and Phoenix on North 5th Ave, can be essential to preserving your way of life when you are charged with a crime. Call us today to learn more.

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