In many situations, the offense of assault is treated as a misdemeanor according to Arizona law but there are circumstances where these charges are treated as felonies. When a person is found to have committed an aggravating factor along with the underlying charge, There will be increased penalties for a conviction.
You do not have to face these allegations alone. The support of a committed assault defense attorney could help you maximize your chances of a positive outcome. Before you accept a plea or represent yourself in court, it will benefit you to speak with a Glendale felony assault lawyer.
Before a person can be convicted of a felony charge, the state must first establish the grounds of simple assault. Typically viewed as a misdemeanor, this underlying offense must be proven beyond a reasonable doubt before a prosecutor can make a case that a felony is warranted.
To prove simple assault, the state must meet one of three elements. Arguably, the most common fact pattern occurs when one person intentionally causes physical harm to another. Other cases involve making physical contact with another individual with the intent of injuring or offending them. Finally, the state could secure a conviction by proving an individual placed someone else in fear of imminent physical harm.
One of the strongest defense options in these cases involves attacking the underlying offense. If a prosecutor cannot prove these elements, it makes no difference if aggravating factors were present. A Glendale felony assault attorney could identify the strongest possible strategies in these cases.
If the basic elements of assault are met, the state must show that aggravating factors are present in order to turn the case into a felony offense. There are several circumstances that state law considers serious enough to upgrade an offense from a misdemeanor. Some of these factors include the following:
A prosecutor only needs to show that one of these elements is present. A Glendale felony assault attorney could argue that there is not enough evidence to justify a conviction.
There is a wide range of potential penalties when it comes to felony assault convictions. The facts of the case will determine the specific nature of the charge, given that someone could face anything from a Class 6 to a Class 2 felony.
The lowest offense—Class 6—has a presumptive sentence of 2.25 years. This term can vary up or down depending on a person’s criminal history, among other factors. At the highest level, a Class 2 dangerous felony has a presumptive sentence of 10.5 years.
Conviction is not set in stone. If acquitted, the accused can walk away from the process without a mark on their criminal record.
When you have been arrested under suspicion of this violent offense, it is crucial that you protect yourself. You have rights, but they will only protect you if you enforce them.
You do not have to face the state on your own – Grand Canyon Law Group wants to help protect your way of life and provide legal representation. Reach out to a Glendale felony assault lawyer today for a private consultation.