In Arizona, assault is a serious and harshly prosecuted crime. Even threatening injury to another person could lead to severe penalties like steep fines and time behind bars. However, there are various defense strategies that a savvy attorney can use in these types of cases to mitigate or avoid the consequences of a conviction.
At Grand Canyon Law Group, a Tempe assault lawyer can protect your rights and way of life by building an effective defense strategy for the circumstances. Our attorneys are former prosecutors who understand exactly how to find and exploit the weaknesses in the prosecution’s case against you.
Simple assault is a misdemeanor crime defined by Arizona Revised Statutes § 13-1203. The police may bring assault charges for the following actions:
Importantly, a person does not need to make physical contact with or cause injury to the alleged victim to be charged with assault. The prosecution may argue that the defendant communicated intent to cause harm, and that the alleged victim legitimately feared for their safety. This could be enough for the prosecution to secure an assault conviction if the defendant does not have an aggressive defense lawyer to combat these allegations.
Under certain circumstances, the State may charge a suspect with aggravated assault, a felony crime. Ariz. Rev. Stat. § 13-1204 details the following factors that could increase an assault charge and accompanying penalties:
Attacking certain public officials may also increase an assault charge from simple to aggravated. The list of officials includes, but is not limited to, police, firefighters, judges, prosecutors, teachers, school administrators, EMTs, and park rangers.
Whether facing simple or aggravated assault, the lawyers at Grand Canyon Law Group are prepared to negotiate with prosecutors for reduced or dismissed charges. Our assault attorneys will fight the charges at trial and present an airtight defense in Tempe court.
Ariz. Rev. Stat. § 13-1203(B) explains that the punishment for simple assault depends on the nature of the conduct. The court may order a defendant to serve a jail sentence of up to 6 months and pay fines up to $2,500 (plus surcharges), according to the guidelines of Ariz. Rev. Stat. §§ 13-707 and 13-802.
Some first-time offenders have the option of participating in a diversion or pre-trial intervention program, which requires attendance at anger management or domestic violence training sessions. Once these requirements are completed, the court will dismiss their case with a clean record. Our experienced local attorneys can help those accused of assault pursue this option and avoid the consequences of a criminal history.
Prison sentences range from one year to 35 years for aggravating factors, such as dangerous weapons or severe injuries. The prosecution may try to aggravate the penalties unfairly, so it is important for a defendant to secure knowledgeable legal counsel to explain and protect their rights. By working with an experienced assault lawyer familiar with Tempe’s criminal justice system, defendants will be better prepared to fight the charges and accompanying penalties.
A guilty verdict for assault can have a significant impact on your life, freedom, and future opportunities. The attorneys at Grand Canyon Law Group believe that you have a way of life worth protecting and are here to provide dedicated legal counsel on your behalf. Call a Tempe assault lawyer today to begin crafting a strong defense strategy.