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Appealing an Assault Conviction in Phoenix

Human interaction can sometimes go wrong and even get physical. A difference of opinion or a misunderstanding can turn into a conflict, and you might find yourself facing assault charges.

An assault charge and conviction results in serious consequences, such as hundreds or thousands of dollars in fines and even jail time. The good news: you might have the option of appealing an assault conviction in Phoenix. Our experienced appeals attorneys at Grand Canyon Law Group can work with you to see if an appeal can overturn your conviction or reduce your sentence. Time is limited, so call us now!

What an Assault Conviction Means for You

State law defines the crime of assault and penalties for an assault conviction. As defined by Arizona Revised Statutes § 13-1203, assault means:

  • Causing a physical injury to another person—intentionally or knowingly becomes a Class 1 misdemeanor, while recklessly becomes Class 2
  • Putting another person in reasonable apprehension of imminent physical injury—Class 2 misdemeanor
  • Knowingly touching someone with intent to injure, insult, or provoke them—Class 3 misdemeanor

Misdemeanor convictions result in fines and jail time, as laid out by A. R. S. § 13-707 and Arizona’s Criminal Code Sentencing Provisions. For example, intentionally assaulting someone and causing a physical injury as a Class 1 misdemeanor results in a maximum sentence of 6 months, a maximum fine of $2,500, and 3 years on probation. But a Class 3 misdemeanor, such as the touching with intent mentioned above, has maximum punishments of 30 days in jail, a $500 fine, and 1 year of probation.

Assault can also turn into aggravated assault and receive harsher penalties. Assault that causes serious injury, uses a deadly weapon, or occurs against certain victims (law enforcement, emergency services, health care workers, teachers, prosecutors, and public defenders) becomes aggravated assault and becomes punishable as a felony instead of a misdemeanor.

Also, multiple misdemeanors in a two-year period increases the Class of the offense to the next one up, resulting in more jail time and higher fines. If you have a prior misdemeanor conviction or do not want to get your first, you should think about appealing a conviction with the help of our attorneys in Phoenix. Time is limited so you need to call us ASAP.

How to Appeal an Assault Conviction

Both a criminal defendant and the state have the right to make an appeal. The options for defendants are limited to just a few outcomes, as criminal defendants can only appeal any of the following under A. R. S. § 13-4033: final judgment or conviction; denial of new trial; order after judgment affecting your substantial rights; illegal or excessive sentence.

In cases that do not have the death penalty, you cannot appeal a plea agreement or an admission of violating probation. Also, you must appear for sentencing within 90 days of conviction to appeal that conviction or a denial of new trial, unless your absence was not by choice.

When hearing an appeal, the Arizona Supreme Court can overturn a conviction or order a new trial. The Court can also modify any order after a conviction and affect later proceedings. If appealing a sentence following conviction, the Court can correct an illegal sentence, reduce an excessive sentence, or replace a sentence with an appropriate one under A. R. S. § 13-4037.

If you look to appeal an assault conviction, a Phoenix lawyer with extensive experience can help. Grand Canyon Law Group can review your trial, conviction, and sentencing to evaluate whether you should appeal.

Call Us Now to Appeal Your Phoenix Assault Conviction

Any trial can place a huge weight on you as a defendant, and a conviction only adds to that. But if you might be appealing an assault conviction in Phoenix, you need to speak with an attorney as soon as possible.

We as former prosecutors have experience with how to appeal a decision properly and quickly. If you have a viable appeal, Grand Canyon Law Group can act to reverse your conviction or change your sentence. Reach out TODAY for a free consultation.

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