Assault charges can arise in many different circumstances. In some situations, assault is a felony. A conviction for felony assault could lead to substantial time in jail, loss of voting and gun rights, and lifelong limitations on your employment opportunities. If you are not a citizen, a conviction could impact your immigration status.
Invest in your future by working with a Tolleson felony assault lawyer. Our skilled assault attorneys will use their knowledge of the law and familiarity in local courts to help you obtain the best results possible.
An assault happens when someone acts in a way that causes someone else to fear they will suffer physical harm, or actually touches someone in a forceful or mocking way. This is a simple assault and it is usually a misdemeanor. However, someone who has two or more prior convictions for misdemeanor assault could face a felony charge if they are arrested for it again.
More often, aggravating factors turn a simple assault into a felony assault. Arizona Revised Statutes § 13-1204 describes multiple conditions that could turn a simple assault into a felony assault. They include the following:
The circumstances determine the severity of the charge. Most aggravated assault charges are Class 3 felonies but range from Class 6 to a Class 2 felonies. One of our Tolleson attorneys could explain the severity of a felony assault charge in a specific case.
Every defendant has a unique story, and the best defense depends on the specific circumstances that led to the criminal charge. The evidence the prosecutor relies on to make their case also influences the defense strategy.
An assault is an intentional act. To be guilty of assault, the accused must have knowingly or recklessly caused harm to someone else. Prosecutors can imply intent from circumstantial evidence, but our skilled attorneys can show that the defendant did not have the intent to harm and so is not guilty of assault.
A defense attorney will review the police officers’ conduct to determine whether they violated Constitutional rights. If so, a judge might bar a prosecutor from using certain evidence against them. Sometimes, a ruling suppressing evidence persuades a prosecutor to reduce a charge to a misdemeanor or even drop a case entirely.
All felonies carry potential time in prison. Arizona’s sentencing guidelines provide a presumptive sentence according to the severity of the crime, but judges have discretion to impose a prison sentence that is shorter or longer if circumstances merit. First offenders are eligible for probation instead of prison in most cases.
However, a judge need not allow probation even if the offender is eligible. Most felony assault charges are Class 3 felonies. The potential prison sentence for a first offender upon conviction is at least two years to no more than eight years and nine months, with a presumptive sentence of three years and six months. The sentences for people with prior felony convictions are much higher.
Maricopa County offers several diversion programs that could be appropriate in a specific case. These programs address underlying issues like substance misuse, anger management, veteran’s reentry and adjustment, and domestic violence. Our Tolleson attorneys are familiar with the requirements for these programs and could suggest enrollment as an alternative to traditional sentencing for a felony assault.
A felony assault conviction could impact every area of your life. The smart response is to fight hard to avoid a conviction. Our experienced Tolleson felony assault lawyers know how to get favorable results for people facing felony charges. Call today to speak with a knowledgeable attorney from Grand Canyon Law Group.