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A simple assault charge is a misdemeanor where a conviction can bring a jail sentence. However, even more concerning are allegations that you used a motor vehicle as a weapon during an assault. This could result in a prosecutor bringing charges under the state’s aggravated assault statute. Convictions here are always felonies, with the harshest examples bringing lengthy mandatory prison sentences.
A Tempe vehicular aggravated assault lawyer may be able to help you if you have been arrested on these charges. The dedicated defense attorneys at Grand Canyon Law Group are prepared to explain the laws in your case and fight for your rights in and out of court.
An assault is a serious matter under state law. According to Arizona Revised Statute § 13-1203, it is against the law for a person to intentionally, knowingly, or recklessly cause physical injury to another person. Additionally, it is a violation of the law to intentionally place another person at reasonable fear of physical injury.
Because of this expansive definition, a person may face assault charges if they intentionally strike another. Charges may also follow if they act in a way that causes a reasonable fear of injury in another. A local vehicular aggravated assault attorney could provide more information about the general concept of an assault under state law.
Under ordinary circumstances, an assault is a misdemeanor under state law. However, various aggravating factors may justify a prosecutor upgrading a charge to a felony. AZ Rev. Stat. § 13-1204 describes the offense of aggravated assault under state law. Specifically, subsection A-2 says that an assault is aggravated when it involves the use of a deadly weapon or dangerous instrument. Courts consider a motor vehicle of any kind a dangerous instrument for the purposes of this statute.
Allegations that a person has used a car, truck, or another motor vehicle to injure or threaten harm to another are always felonies. In some cases, a first conviction under this law is a class 6 felony. Mitigating factors here may result in a minimum prison sentence of four months while aggravating factors could see a sentence as long as two years.
Other examples of aggravated vehicular assault charges may be class 2 felonies. This applies when the alleged victim of the incident is a police officer. Here, first convictions come with a mandatory three-year sentence, with some sentences extending to as long as 12.5 years. If the offense is alleged to be dangerous under Arizona law, then the sentence may be much higher. A skilled Tempe lawyer is ready to defend people facing any version of a vehicular assault charge.
Accusations that you have used a motor vehicle to attack or threaten to harm another person are serious matters under state law. In every instance, an assault charge involving a motor vehicle means that the case will move forward as a felony. This means that even a first conviction will result in no less than four months in jail.
A Tempe vehicular aggravated assault lawyer is ready to stand up for you. The team at Grand Canyon Law Group can explain the laws that control your case and evaluate the information that law enforcement has gathered about the incident. We could also contest the idea that you intended to cause harm to another or drove a vehicle in a threatening manner. Call today to set up your appointment.