Assault and Aggravated Assault

Phoenix Aggravated Assault Defense Lawyer

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Aggravated Assault is a serious felony offense in the State of Arizona which could result in an individual serving jail or prison terms, being placed on probation for a long period of time and being ordered to pay large fines, restitution, etc. Generally, the difference between a simple assault charge and an arrest for aggravated assault in Phoenix involves the presence of a weapon such as a gun, knife or any other object capable of causing injury or alternatively, situations where the alleged victim suffers serious physical injury such as a broken bone.

Protect Your Legal Rights

If you have been charged with Aggravated Assault, it is vital that you contact a highly skilled criminal lawyer immediately. Phoenix aggravated assault lawyer Raymond Kimble has been defending people charged with aggravated assault for many years, and has the level of experience and skill it takes to effectively handle these types of cases. Mr. Kimble knows how to prepare a solid assault defense, challenge the prosecution's evidence and negotiate a reduction or dismissal of the charges.

With a seasoned criminal defense lawyer on your side, you will have your rights protected as your attorney fights to secure a favorable outcome on your behalf. Attorney Raymond Kimble has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been charged with aggravated assault.

Types of Aggravated Assault

Under Arizona Law, a person can be charged with Aggravated Assault under any of the following circumstances:

  1. If the person causes serious physical injury to another.
  2. If the person uses a deadly weapon or dangerous instrument.
  3. If the person causes temporary disfigurement, loss or impairment of any body organ or part or a fracture of any body part.
  4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
  5. If the person commits the assault after entering the private home of another.
  6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
  7. If the person commits assault in violation of an order of protection. 
  8. If the person commits the assault knowing or having reason to know that the victim is acting in a professional capacity as a police officer, firefighter, teacher or health care worker.
  9. If the person intentionally or knowingly impedes the normal breathing or circulation of blood of another person.

Offenses Related to Aggravated Assault:

Offenses which also pose a risk of jail or prison and are closely related to Aggravated Assault include:

  • Endangerment - A person commits felony endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
  • Disorderly Conduct - A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
    • Engages in fighting, violent or seriously disruptive behavior; or
    • Makes unreasonable noise; or
    • Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation
    • Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

Penalties for Aggravated Assault:

The penalties a person faces if charged with or convicted of Aggravated Assault in Arizona are severe. In many cases, a person is not eligible for probation and could face mandatory prison time even though they have no prior criminal record. This is why it is extremely important to immediately contact an experienced criminal defense attorney who handles aggravated assault cases in Phoenix and surrounding cities.

Commonly imposed prison terms for aggravated assault, if considered dangerous offenses involve:

  • A class 6 dangerous felony can result in prison term ranging from 18 months to 3 years. The presumptive term of imprisonment is for 2.25 years 
  • A class 5 felony can result in a prison term ranging from 2years to four years. The presumptive term of imprisonment is for 3 years.
  • A class 4 dangerous felony can result in a prison term ranging from 4 years to 8 years. The presumptive term of imprisonment 6 years.
  • A class 3 dangerous felony can result in prison for 5 years to 15 years. The presumptive term of imprisonment is for 7.5 years.
  • A class 2 felony violent crime conviction can result in a prison term from 7 years to 21 years. The presumptive term of imprisonment is for 10.5 years.

Call for an Immediate Consultation: (480) 833-8613

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At The Law Offices of Raymond A. Kimble, we will work hard to develop a strong defense by conducting a thorough investigation of the circumstances surrounding your case, retaining evidence that supports your side of the story, and exploiting holes in the prosecution's argument to get the court on your side. For more information on the legal services we provide, contact us today.