Aggressive Defense of Assault Charges

In Arizona, a person can be criminally prosecuted for assault if they are alleged to have placed another individual in fear of being injured or alternatively, actually caused injury to someone else.  Classification as a misdemeanor crime, or "simple assault" or a felony charge commonly referred to as "Aggravated Assault" depends upon a number of factors.  The include whether:

• An alleged victim suffered a minor or serious injury
• The incident took place in the victim's residence
• The alleged victim was a police officer or medical professional
• The alleged victim was restrained at the time of the assault
• A weapon such as a knife, gun or other object was used during the crime

Possible Penalties for Assault:

Undoubtedly, people who have been arrested or charged with Simple Assault or Aggravated Assault in Arizona face very serious consequences.  If you are convicted of Misdemeanor Assault, the maximum penalty is 3 years probation, six months jail and fines of $2,500.00.  For a felony offense, you can be:

• placed on  probation up to 5 years
• fines up to $150,000
• sentenced to one year jail as a term of probation
• imprisoned for a presumptive term of 3.5 years, or if the offense is categorized as "dangerous," imprisoned for a presumptive term of 7.5 years

If the assault involves a domestic violence charge, you are required to participate in counseling.  Moreover, anyone convicted of assault is required to pay restitution for medical expenses, lost wages, etc.

Defending Assault Charges in Court:

If you have been arrested in Phoenix, or charged with Assault in Arizona, there are a number of defenses which may be used to dismiss the case or get you a favorable outcome during negotiations or at trial:

1. Self Defense - You must show that you were in fear of being injured by the other party and your response was necessary and reasonable under the circumstances
2. Defending Someone Else - You must show that you reasonably believed that action was necessary to prevent an attack or continued assault on someone else
3. Defending Property - You may use physical force to defend your property however, deadly force can only be used against an attack by an intruder in your own residence  
4. Misidentification - You may claim that someone else is responsible for committing the assault
5. Lack of Intent - You can claim that you did not intentionally or knowingly cause an injury to someone else 

If you have been charged with misdemeanor or felony assault in Arizona, it is imperative that you contact an experienced Phoenix Criminal Defense Lawyer who regularly represents people arrested for these types of crimes.  An experienced assault defense lawyer will assist you in evaluating your options and obtaining a favorable result.    I have represented hundreds of people charged with assault throughout Arizona and am available for free consultations.  You can reach me directly at (480) 833-8613