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Gilbert Aggravated Assault Lawyer

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.

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 aggravated assault 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.

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 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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