Criminal assault charges can be upgraded when you are accused of intentionally or accidentally injuring, aggressively contacting, or even placing a police officer in “reasonable fear” of injury. You may find yourself facing a felony assault charge without any aggravating conditions being present.
Dealing with a situation like this is difficult and time consuming, but a skilled assault defense attorney from Grand Canyon Law Group can get it through the court system effectively and efficiently. No matter what circumstances led to you being arrested and charged in the first place, a Gilbert assault on an officer lawyer from our team knows how to do things the right way and will protect your rights and work diligently to present the strongest possible defense.
Arizona Revised Statutes § 13-1204 explains the differences between “aggravated assault” and “simple assault,” and subsection (A)(8) addresses “assault on an officer.” By law, an officer can be a peace officer or someone “summoned and directed” by police, a firefighter, a paramedic or other healthcare worker, a teacher, or any other government or court employee or official.
Attempting to take, or successfully taking, a police officer’s weapon during an assault can be prosecuted as aggravated assault, as can assault against a correctional officer. There is no requirement for the perpetrator of the assault to have caused serious physical injury, or any injury at all, for their offense to be categorized as aggravated assault on an officer. A Gilbert assault on an officer lawyer could help determine whether the aggravated charge is warranted in a case.
Committing simple assault against a police officer without causing injury is a Class 5 felony in Arizona, meaning a first-time offender could face between six and 30 months of imprisonment in the event of a conviction. Any such assault resulting in physical injury becomes a Class 4 felony with a sentencing range of one to 3.75 years for first-time felony offenders.
Under some circumstances, assault on an officer can be upgraded to a more serious felony. Aggravated assault of an officer resulting in serious physical injury or involving the use of a deadly weapon or dangerous instrument is a Class 2 felony, and someone who commits assault while knowing the targeted person is a police officer must serve no less than the “presumptive” sentence for Class 2 felonies, meaning a sentence of five to 12.5 years. A lawyer who has experience with officer assault allegations in Gilbert could argue for lesser charges and a lighter sentence.
Even if all you did was push a police officer away without injuring them, you could be charged with felony assault. You have the right to defend yourself against criminal accusations, as well as the right to representation from a former prosecutor now working as a criminal defense attorney at Grand Canyon Law Group.
Working with a Gilbert assault on an officer lawyer can make a world of difference in how your case proceeds and its ultimate outcome. Call today to schedule a free, private consultation.