Allegations of assault are always serious matters. However, if law enforcement and prosecutors allege that you used a vehicle to cause another to fear for their safety, the case can bring much more severe penalties. Assault with a vehicle is always a felony, and convictions can bring lengthy prison sentences.
Working with a Phoenix vehicular aggravated assault lawyer is your best option for preventing these consequences. The experienced attorneys at Grand Canyon Law Group can explain the state’s aggravated assault laws and investigate the circumstances of your arrest. We will gather evidence to demonstrate your innocence and limit the impact of this event on your way of life.
Most assaults in Phoenix fit into the category of misdemeanors. This means a conviction can result in a maximum jail sentence of six months. However, various factors can convince law enforcement and prosecutors to pursue an assault as a felony. Among these factors is the alleged use of a deadly weapon to commit an assault.
A vehicle falls under the definition outlined by Arizona Revised Statute § 13-1204, the state’s aggravated assault statute. Under this law, using a deadly weapon to place another person in fear of physical harm is a class 3 felony. Class three felonies of this nature carry mandatory prison terms after conviction.
If this case is a person’s first felony conviction and there are mitigating factors present, the minimum sentence is five years. However, aggravating factors in the case may motivate a judge to issue a sentence of up to 15 years. Our skilled Phoenix attorneys can provide more information about how vehicles aggravate assault cases.
Prosecutors in all assault cases must show that a defendant’s actions caused the alleged victim to fear for their physical safety. Alternatively, they may argue that a defendant intentionally or recklessly caused harm to another. The idea of intent is central to many vehicular aggravated assault cases.
However, a defendant does not need to intend to cause harm to another to face allegations of assault. Under the statute, merely acting recklessly and causing injury to another can justify an arrest and prosecution. Acting in a way that places another in fear of harm also qualifies under the statute.
The vehicular aggravated assault lawyers at our firm can fight back against these allegations. We could argue that even if a defendant was involved in a collision, their behavior did not rise to the level of recklessness. Alternatively, we could argue that the alleged victim should not have reasonably feared for their safety. Our seasoned lawyers in Phoenix can tailor a defense to the specific vehicular aggravated assault case.
Accusations that you used a vehicle to commit an assault must be handled proactively. The allegations may involve supposedly intentional conduct that caused another to fear harm or even reckless behavior that caused another to suffer an injury. In any case, having legal representation ready to fight for you is crucially important.
A Phoenix vehicular aggravated assault lawyer at our firm knows how to handle your case the right way. We are prepared to explain the laws that control your case, evaluate the evidence the prosecutor intends to bring to trial, and present defenses that create reasonable doubt concerning the accusations. Reach out to Grand Canyon Law Group now to get started.