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Assault Arrests in Tolleson

An event that leads to an assault arrest might sometimes seem like not a big deal. Assault can be either a misdemeanor or a felony, but in either case, it is a serious charge. 

Our assault defense attorneys can help you after an assault arrest in Tolleson. We will protect your rights, challenge the prosecutor’s evidence, and do all we can to ensure the best result possible under the circumstances.

What an Assault Charge Means

Assault is a term that applies to any situation where someone allegedly put another person in fear of immediate physical harm. It is also an assault for someone to intentionally touch someone for the purpose of causing them harm or embarrassment.

Simple assault is described in Arizona Revised Statutes § 13-1203, and it is always a misdemeanor charge, but it could be a Class 1, 2, or 3 misdemeanor, depending on the circumstances. 

Aggravating factors elevate a simple assault charge to aggravated assault, which is often a Class 3 felony. However, some situations merit Class 6 felony charges while others lead to Class 2 felony charges, the second most serious charge after murder. A Tolleson attorney could explain the charges to anyone who was just arrested for assault.

Your Rights When You are Arrested 

Police typically try to gain information before and during an arrest. Their questions might seem practical and even conversational, but they have a purpose—to collect evidence. The only way to avoid giving the police information they might later use in a prosecution is to avoid speaking to them at all. 

Police must inform someone they are under arrest and remind them of the right to remain silent. They also must explain that an arrestee is entitled to an attorney, and allow someone to make a phone call after they are booked into custody.

The wise response after an assault arrest is to use the phone call to get in touch with a Tolleson attorney, and to say nothing to police until the lawyer arrives. Once they have a sense of the situation, the lawyer can advise whether answering questions is prudent in the specific case.

Police Will Seek Evidence of Intent

A prosecutor must prove a defendant’s actions were intentional or reckless to get a conviction on an assault charge. Many people unwittingly provide police and prosecutors with evidence of their intent when they get arrested.

Surrounding circumstances and the accused’s admissions are often the most persuasive evidence of intent. When an arrestee answers the police’s questions, they often will say something indicating that they intended to frighten or embarrass someone. Sometimes, they admit to engaging in a physical altercation. 

The admission might be all the prosecutor needs to prove their case. Anyone who is arrested should take advantage of the right to remain silent. Although it might seem as though an explanation could resolve the matter, in almost every case, explanations without a criminal defense attorney present make the situation worse.

Contact a Tolleson Attorney After an Assault Arrest

You could be arrested for assault even the alleged victim did not suffer an injury. An assault can happen even when there is no physical confrontation. 

Regardless of the circumstances, assault arrests in Tolleson carry potentially significant consequences. Give yourself the best chance of defeating the charge or limiting the penalties by working with Grand Canyon Law Group. Use your phone call to reach out as soon as you are arrested.

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