There are numerous situations that could end in an aggravated assault charge, some of which might seem minor, but you need to take it seriously regardless.
Aggravated assault is a felony charge and a conviction could lead to significant time in prison. Get help as quickly as possible from a Tolleson aggravated assault lawyer. Grand Canyon Law Group’s experienced assault attorneys are here to represent you in your time of need.
Aggravated assault is a catch-all term for several crimes that involve intentionally inflicting harm on someone else. When the harm is merely a fear of physical violence or contact that does not cause a significant injury, the charge is usually simple assault, a misdemeanor. When other factors exist that elevate the seriousness of the crime, the charge is aggravated assault, a felony.
According to Arizona Revised Statutes § 13-1204, a simple assault becomes an aggravated assault if the accused was in the alleged victim’s home when the crime occurred, if the alleged victim was restrained or unable to defend themselves, or if the accused attempted to strangle them. The more serious felony charge also applies if the accused violated a protective order to commit the assault. The law describes other factors that could elevate a simple assault charge to felony aggravated assault.
Prosecutors often hang an aggravated assault charge on flimsy evidence. When prosecutors bring more serious charges than the evidence warrants, an aggravated assault attorney in Tolleson can challenge the decision and often achieve a reduction in the charge.
Arizona law makes a distinction between standard felonies and dangerous felonies, which carry harsher sentences. When sentencing a first offender for most felony crimes, judges have the discretion to consider mitigating factors that might justify reducing the minimum sentence. However, judges cannot consider mitigating factors when sentencing someone for a dangerous felony.
Aggravated assault charges can be dangerous felonies in some circumstances. For example, when an alleged victim suffered serious injuries, the accused could face Class 3 dangerous felony charges. The sentence for a first offender would range from five to 15 years of imprisonment and increase to a range of ten to 20 years with one prior conviction, and 15 to 25 years with two or more prior convictions.
When the offender is over 18 and the victim is a child under 15, an aggravated assault is a dangerous felony and a Dangerous Crime Against a Child, a category that has its own sentencing guidelines. The prison sentence for this crime ranges from 10 years to 24 years. A Tolleson attorney could work to get the charge reduced to avoid the consequences of sentencing under the guidelines.
Prison time is usually the most important consideration to most people who face a serious criminal charge, but there are many other consequences of a felony conviction. Convicted felons lose their voting rights and the right to gun ownership. A felony conviction might limit opportunities for employment, housing, credit, and education.
Depending on the circumstances and specific crime, an aggravated assault conviction could prevent someone from obtaining a passport, or if the felon gets a passport, another country could deny them an entry visa. A conviction can impact a non-citizen’s immigration status and substantially increases prison time for someone facing a new charge.
A skilled Tolleson defense attorney can limit the potential impact of an aggravated assault conviction by arranging a plea to a non-felony offense or lesser felony. When the evidence against an accused is weak, a trial could produce a not guilty verdict. In some cases, a lawyer will identify an appropriate diversion program that could lead to dismissal of the charges.
An aggravated assault charge can lead to devastating consequences. Your freedom and your future are at stake, so it is important to work with Grand Canyon Law Group.
A Tolleson aggravated assault lawyer will work tirelessly to achieve the best results possible in your case. Reach out as soon as you are arrested.