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When you face aggravated assault charges, you must think clearly and act quickly to protect your rights. Speaking to a Tempe aggravated assault lawyer as soon as possible is a smart move. A knowledgeable attorney at Grand Canyon Law Group can fight for your legal rights and advise you on how to get through this challenging period in your life.
Our former prosecutors know how to aggressively defend you through the legal process. When your freedom and future are at stake, trust our legal team to handle your case the right way.
To convict someone of aggravated assault, a prosecutor must prove several elements of the crime.
The prosecution must first prove that the defendant committed an assault. According to Arizona Revised Statute Section 13-1203, an assault occurs when someone:
Simple assault is usually a misdemeanor crime.
Arizona Revised Statute Section 13-1204 defines aggravated assault as someone carrying out one of the above acts in a more dangerous or violent manner. Often, aggravated assaults involve committing an assault with a weapon, such as a gun or a knife. Someone could also face aggravated assault charges if the incident causes a serious physical injury.
In addition to looking at the facts of the incident, prosecutors also consider the alleged victim when determining whether to bring aggravated charges. For instance, the charge can be elevated if the assault involves a minor under 15 years old. Similarly, the charges may be elevated if the allegations involve invading someone’s home, assaulting a police officer, or restraining the victim.
Arizona courts treat aggravated assault as a serious felony crime, where convictions come with mandatory jail terms. Our dedicated Tempe attorneys can further explain the legal process and potential consequences of an aggravated assault conviction during an initial consultation.
As with any type of crime, the prosecution must prove certain elements. For an aggravated assault case, the prosecutor must establish that the defendant committed an assault. They must also demonstrate why the crime’s circumstances elevate it to an aggravated assault, such as by showing that the crime involved using a deadly weapon.
The prosecution has the burden of proof to secure a conviction. Our aggressive local attorneys can attack each element of the aggravated assault charge to show that the prosecution did not meet their burden of proof. For instance, our legal team could show that the defendant did not possess a weapon during the assault to mitigate the potential penalties. This could help reduce the charges from aggravated to simple assault.
Our Tempe aggravated assault lawyers could present a mistaken identity defense by producing an alibi or other evidence to show the defendant was not at the alleged incident.
The skilled attorneys at our firm could argue that the defendant feared for their own life and was defending themselves or another person. No matter the circumstances, Grand Canyon Law Group will review the evidence and work tirelessly to develop a successful strategy.
When you face serious criminal charges, you need to work with an experienced legal team. A Tempe aggravated assault lawyer understands the charges you are facing and will work tirelessly to resolve your case.
Grand Canyon Law Group will work with you to determine the most effective strategy for reducing or defeating the charges. Our legal team is committed to providing you with quality representation. Call to schedule a consultation today.