Defending Assault Cases in Arizona

Posted by Raymond Kimble | Sep 18, 2015 | 0 Comments

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

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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