Arizona Aggravated Assault Attorney
Whether you have been charged with misdemeanor assault or felony aggravated assault anywhere in Arizona, you need the help of an experienced criminal defense attorney at Matthew Lopez Law, PLLC.
Many people do not realize that they can be charged with assault, even if no injury occurred. Assault under Arizona law includes threatening or insulting behavior and actual physical harm, which covers a wide variety of actions. Unfortunately, you can be charged with assault even when you did not mean to cause harm to another person. It is their perception of the events that can lead to arrest and you could face prison or jail time, as well as a misdemeanor or felony on your record.
There are two different types of assault under Arizona law. Assault is a misdemeanor charge that can lead to a class 1, 2 or 3 conviction, depending on the type of assault. Misdemeanor assault includes:
- Knowingly causing bodily harm to another person, either intentionally or recklessly
- Deliberately putting a person into a situation that leads to the feeling that they are in immediate physical danger
- Any touch that is meant to insult, provoke or threaten another person
This vague interpretation of assault can include a wide variety of behavior. It is not just a physical fight; you can be charged with assault by simply grabbing the arm of someone or poking them in the chest. If they report that you were provoking or threatening them, you could be arrested for assault. Often, the “victim” is someone the accused knows and the assault charge is a retaliation. It can be associated with domestic violence, which can have more serious penalties.
Aggravated Or Felony Assault: Even More Serious Consequences Possible
When serious harm is intentionally perpetrated on an individual, this can be aggravated assault, which can be a felony. This is a serious charge that has mandatory prison time, along with a felony that will forever remain on your record. Felony assault can include serious, intentional harm to another, but it can also include assault with a deadly weapon, any assault on a police or correctional officer, an adult harming anyone under 15 years of age, or assaulting a person who is restrained. This crime has severe penalties, with up to 15 years in prison, even for a first offense.
Frequently Asked Questions We See Around Assault
Below, we’ve provided answers to questions clients commonly ask about assault charges.
Why do you need a criminal defense lawyer for assault charges?
Whether you’re facing a trumped-up simple assault charge or a serious felony assault charge, you need the help of an experienced defense attorney. In the case of the former, an attorney may be able to help you get the charges dropped or seriously reduced. Because the criteria defining assault charges is vague, providing context or a well-reasoned explanation can go a long way toward mitigating the consequences.
If you’ve been charged with aggravated assault, your freedom is on the line. There is likely no way to talk your way out of the charges, and prosecutors are often seeking the most serious charges and sentences they can support.
What is the most common type of assault?
Simple assault is likely the most common type because the bar for charges is so low.
What are some examples of simple assault?
As mentioned in the description above, simple assault can involve harming someone on purpose, harming them by behaving in a reckless manner or instilling a reasonable fear that you intend to harm them. This leaves a lot of room for interpretation.
Simple assault could involve shoving someone during an argument. It could also involve throwing a punch (regardless of whether the punch landed) or even lifting your arm in a manner that indicated you were going to punch or slap someone.
What are some examples of aggravated assault?
There are nearly a dozen factors that could turn a simple assault charge into an aggravated assault charge – increasing the crime from a misdemeanor to a felony. Some of these include:
- Using a deadly weapon
- Causing serious physical injury
- Impeding someone’s ability to breathe
- Assaulting someone while they are restrained or otherwise unable to resist the attack
- Assaulting a minor under age 15, or assaulting a police officer or members of numerous other professions
- Committing assault in violation of an emergency order for protection or a domestic violence order
You can also be charged with aggravated assault if you break into someone’s home with the intention of assaulting them.
How much does a lawyer cost for an assault charge in Arizona?
Unfortunately, there is no way to answer this question generically, because each case is unique. Some assault charges can be handled quickly and easily, while others involve preparing for and going to trial. The good news is that our firm offers free initial consultations, during which we can discuss your charges and estimate the amount of work needed to resolve them.
Protect Your Future With An Experienced Criminal Defense Attorney
There are many times that those accused of assault are innocent or the situation was exaggerated by the accuser. Due to the serious nature of the crime, it is important to have legal representation to fight any assault charge. Even a misdemeanor assault conviction can mean time in jail and jeopardize employment opportunities for you in the future. You need an experienced attorney who can look at all angles of your case and help you get the charges dismissed or reduced.
Contact Us Today
At Matthew Lopez Law, we understand that not all assault charges are valid, and we fight for our clients to prove their innocence. If you have been charged with assault or aggravated assault, call our office to schedule a consultation with one of our legal team members: 602-960-1731. We will listen to your side of the story and discuss options to fight against an assault conviction. Our team has successfully helped many of our clients overcome assault charges and retain their freedom and reputation.