Understanding Aggravated Assault Charges in Arizona

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Being arrested for a crime is a truly terrifying experience. It is designed to be that way. When the authorities take you into custody, they want you to feel trapped and without recourse. They will tell you that it is in your best interest to cooperate with them, which may or may not be true depending on the situation. One of the best things you can do after an arrest is to exercise your Fifth Amendment right to remain silent. The very moment that you are brought to the interview room you can choose to ask for an attorney. This is the most surefire way to prevent self-incrimination, which is easier to do than most people think.

aggravated assault

If you have been arrested for aggravated assault, you know you’re in trouble. An assault defense lawyer is knowledgeable and trained to get you out of this predicament. Your attorney will advise you on the best course of action

The Seriousness of Aggravated Assault

Assault, sometimes referred to as a simple assault, is a misdemeanor offence in Arizona. Aggravated assault is a felony. If convicted, you can be sentenced to prison and forced to pay significant fines. An Arizona misdemeanor assault charge is elevated to aggravated assault in the following instances:

  • Use of a deadly weapon in the attack
  • Victim sustained physical injury
  • Entering a private residence to carry out the attack
  • Attacking someone who has an active restraining order against you
  • The victim suffers grievous bodily harm or serious disfigurement as a result of the attack

An aggravated assault charge can also be tagged onto a domestic violence offence. If you were arrested in your home because of an altercation with your partner, you should go with the police officers quietly. Do not resist arrest, do not allow your temper to flare any more than it has, and do not put yourself in a situation that will allow the officers to claim that you tried to take their weapon or attack them in any way as this alone qualifies as aggravated assault.

What You Are Facing

Here are the possible sentences for being convicted of this crime, as a dangerous offence:

  • Class 2 felony assault ranges from 7 to 21 years in prison
  • Class 3 felony assault can result in a maximum of 15 years in prison
  • Class 4 felony assault ranges from 4 to 8 years in prison
  • Class 5 felony assault ranges from 2 to 4 years in prison
  • Class 6 felony assault ranges from 18 months to 3 years in prison

You will also be required to pay a range of fees if you are convicted and a potential maximum fine of $150,000.

A Lawyer Can Get You Justice

The thing to remember is that you are innocent until proven guilty. The state must prove its case against you, beyond a reasonable doubt. Being arrested and charged with aggravated assault is not the same as being convicted of it.

The first thing your attorney will do, if you are in custody, is to try to get you released from jail without a bond or at least a minimal bond. Your attorney will investigate the case against you and obtain the evidence that the State has against you. Your attorney will then begin the process of building your defense, raising enough reasonable doubt, so your case can end up in an acquittal after a jury trial.

If there is too much evidence connecting you to the assault, then it may be better to make a deal with the prosecutor. An experienced lawyer can help you get the best plea deal possible. You may be able to get a relatively light sentence if you have no criminal history.

If you have been arrested for assault, then you should contact Robert A. Dodell, Attorney at Law. He has considerable experience and expertise in criminal law to help you get through this difficult time.

 

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