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Phoenix Assault Attorney

Arizona Assault Charges

Choose an Experienced Assault Lawyer in Arizona

Assault charges in Arizona are serious criminal charges. They can have numerous detrimental effects on your life if you are convicted. The penalties will vary depending on the type of assault charges you’re facing and the extent of the harm, if any, that resulted. Charges in this category include simple assault, aggravated assault, and assault with enhancements for domestic violence. You will need an experienced Arizona assault lawyer to reduce or overturn the charges against you.

You Need an Experienced Criminal Law Specialist on Your Side

If you’ve been accused of assault, you need the best assault lawyer you can find. You need one with a practice devoted exclusively to criminal defense and a long record of positive outcomes for clients accused of serious crimes. You’ll know you’re hiring an expert if you choose a lawyer who has been board certified by the State of Arizona as a Criminal Law Specialist. Your future is at risk. So don’t make the mistake of using an inexperienced lawyer, a general practice lawyer, or a public defender. A board-certified specialist will give you the best shot at keeping your freedom. He will also help you avoid many of the dire consequences of a criminal conviction.

Top-Rated Assault Attorney in Maricopa County

Attorney Howard A. Snader, with offices in Phoenix and Scottsdale, has been an Arizona Board Certified Criminal Law Specialist since 1995. He is a former Maricopa County prosecutor who knows how to work with the system for your benefit. He enjoys the highest possible AVVO rating—10 (superb). Howard will conduct a detailed investigation of the circumstances of the incident and the behavior of law enforcement officers leading up to, during, and after your arrest to determine if they violated your rights in any way. Moreover, assault lawyer Howard will interview witnesses and gather detailed information in order to determine the most effective defense strategy for your unique situation. He is sometimes able to avoid having charges filed at all and has an excellent record of having charges dismissed or reduced, as well as achieving acquittals for his clients at trial.

Choose an Experienced Arizona Assault Lawyer When Your Future Is at Stake

When your future is at stake, you need the experience and expertise that Phoenix Arizona assault lawyer Howard Snader can provide. Call him at the first indication that you may be facing assault charges. If law enforcement arrests you, assert your constitutional right to remain silent. Don’t discuss the incident or attempt to tell your side of the story. Wait until Phoenix criminal defense attorney Howard arrives to ensure that you fully protect your constitutional rights and that your future is in the hands of a specialist.

Your initial consultation is free, and payment plans are available.

 

What is assault in Arizona?

When someone threatens or uses violence against another person, this is referred to as assaulting that person. Assault is a violent crime that may take many forms, including physical, sexual, or verbal. When someone uses a weapon to perpetrate an attack, it is considered aggravated assault, which is a more severe crime than simple assault. A person may also be prosecuted with aggravated assault if the victim sustains serious physical harm or dies due to the attack.

Assault is a very severe criminal act that will be pursued to the fullest extent of the law. An experienced Phoenix assault lawyer from Snader Law Group can be critical in defending your rights and preventing a criminal conviction if you have been charged with physical assault, sexual assault, verbal assault, or other types of physical assault.

 

What are the different categories of assault in Arizona?

Assault is a physical attack or the threat of a physical attack that takes place on someone. In Arizona law, assault is a broad phrase that encompasses a wide range of offenses with various consequences. A simple assault and an aggravated assault are the two categories of assault recognized by Arizona law — what distinguishes them is the seriousness of the offense.

Simple Assault

In Arizona law, a simple misdemeanor assault has taken place if a person either deliberately or recklessly causes an injury to another person, however slight, or deliberately touches another person intending to cause an injury or to insult, or provoke the person.

But the definition goes even further. It is not even necessary to actually cause a physical injury to face an assault charge if the other person was in reasonable apprehension of suffering imminent bodily harm.

Aggravated Assault

However, if the act of assault includes an aggravating circumstance, it may fit the state’s definition of aggravated assault, a more severe crime. Weapons, particularly lethal weapons, and the intent to commit a crime, such as rape, are all aggravating circumstances to consider.

In Arizona, the penalties for aggravated assault are more severe than those for a basic attack. Arizona charges aggravated assault as a felony, punishable by prison, fines, counseling, and community service.

Aggravated Assault is defined in Arizona by A.R.S. 13-1204; it bears significant contrasts from basic assault and, as a consequence, often results in more severe sanctions after a conviction in court.

If you have been charged with aggravated assault, it is critical that you promptly seek the legal assistance of an Arizona aggravated assault attorney right away. Schedule a consultation with us to fight your aggravated assault charges today!

How do you determine misdemeanor assault vs aggravated assault?

You may determine a simple or aggravated assault based on the severity and risk of the weapon used in the assault, respectively. There is no aggravating component, such as a weapon, in a simple assault situation. Assault that relies only on the offender’s body, such as a fistfight, is considered a sort of assault.

 

Can assault be charged as domestic violence?

Domestic violence is not a specific crime. Rather, it is an enhancement to any charge, including assault, that occurs within the context of a domestic relationship.

Domestic violence charges may subject you to additional penalties. These may include a restraining order, domestic violence classes, and loss of your right to own a gun, even at the misdemeanor level. If you are not a US citizen, you can be deported.

What’s the difference between assault and battery?

In the state of Arizona, there is no difference between assault and battery. According to the Arizona laws, assault is defined as the willful infliction of bodily damage and the threat of physical injury on another person. Simply put, this is the criminal charge of simple assault, although the laws specify what constitutes assault more specifically.

Battery is referred to as aggravated assault in Arizona. The victim’s identification, how the offender committed the offense, the injuries received, and your claimed motive all play a role in determining whether you face a simple or aggravated assault prosecution in Arizona. Aggravated assault is defined as the use or attempted use of a dangerous weapon, a vehicle, or the attack of someone after breaking into their house, among other things.

If you are facing false charges of assault and battery in Arizona, schedule a no-obligation consultation with us today to explore your legal options.

 

Aggravated Assault Charges

When you’re facing serious charges on your own, we understand how difficult it is to deal with the uncertainty of the outcome of your case. That’s why our seasoned Phoenix assault lawyer works hard to create an aggressive and proactive defense for your aggravated assault charges.

At Snader Law Group, we’ve successfully defended clients and prevented the worst result for their aggravated assault charges. Whether it’s getting a not-guilty verdict or reducing your charge to a misdemeanor, our aggravated assault lawyer in Phoenix and Avondale, AZ is here for you.

Do I need a Phoenix aggravated assault attorney?

In many situations, assault is a frequent violation that results in criminal charges. Although the repercussions might be severe, this is not always the case. If you have been charged with assault, misdemeanor assault, or any other assault-related offense, call a Phoenix aggravated assault attorney from Snader Law Group, LLC at once for legal representation.

In addition to providing superior service, our team of best lawyers also delivers superb criminal defense. Our Arizona criminal defense lawyers provide free consultations and are ready to accept your calls at any time of day or night.

 

What is aggravated assault?

When you are charged with aggravated assault, it means that the alleged assault is a more serious form of an assault crime. In Arizona Criminal Code (A.R.S. § 13-1204), aggravated assault is defined as intentionally, knowingly, or recklessly causing physical injury to another person with the intent of causing great bodily harm, permanent disability, or disfigurement. To be convicted of this crime, the prosecution must prove that your action meets the definition of aggravated assault.

What’s the difference between assault and aggravated assault?

In Arizona, an assault can be charged as a misdemeanor or elevated to a felony in the case of an aggravated assault. If you’re not sure about the difference between a misdemeanor and felony assault, an experienced Phoenix aggravated assault lawyer can tell you how Arizona law differentiates between the two. A few of the conditions that allow the enhanced charge of aggravated assault include, but are not limited to:

  • Assault that causes a serious injury;
  • Assault with the intention to commit a robbery, rape, or another felony;
  • Assault against a member of certain protected classes, such as police officers, healthcare providers, teachers, social services workers, minors, the developmentally disabled, the elderly, and others;
  • Assault in the course of a home invasion;
  • Assault on a person who has been bound or restrained;
  • Assault while violating an order of protection;
  • Pointing a gun at someone or threatening to kill a person with a gun; or
  • Striking or threatening another person with a weapon or other dangerous object.

What is aggravated assault with a deadly weapon?

Assault with a deadly weapon is a serious crime that is charged as aggravated assault in Arizona. Arizona law defines a “deadly weapon” as anything designed for lethal use and includes a firearm. While most people think of guns when they think of “deadly weapons,” just about any object capable of causing serious bodily harm or death may be considered a deadly weapon if it is used in a manner suggesting the intent to injure or kill someone.

Therefore, a large knife, brass knuckles, nunchaku, a tire iron, and even a rock or brick can be included in the definition of deadly weapons if used in a threatening manner. Under Arizona law on aggravated assault, even a car may be considered a dangerous weapon when driven recklessly or under the influence of drugs or alcohol. Consult a Phoenix aggravated assault lawyer if you have an aggravated assault charge against you.

 

When can an assault charge be elevated to an aggravated assault?

There are several instances in which a victim may file a charge of Aggravated Assault. Typically, aggravated assault is charged when someone causes another person substantial bodily damage or disfigurement or when someone employs a lethal weapon/dangerous instrument to place another person in fear of severe physical harm.

Victims with Specific Professions

There are certain factors that can bump your charge up from a simple assault charge to an aggravated assault in Arizona. For example, if the victim in your assault case falls under one of the following professions stated in A.R.S § 13 -1204 (A) 8, the assault is enhanced to an aggravated charge.

  • A police officer, constable, or an individual directed by a police officer or constable.
  • A first responder, such as firefighters, fire investigator, fire inspectors, emergency medical technicians (EMTs), and paramedics.
  • A teacher, or an individual employed by the school, as long as they were:
  • on school grounds,
  • adjacent to the school, or
  • in a school bus or other vehicle used for school purposes.
  • A licensed health care practitioner engaged in their professional duties, except when the person who commits the assault:
  • is seriously mentally ill, or
  • has Alzheimer’s or related dementia.
  • A prosecutor, public defender, judicial officer, code enforcement officer, or state or municipal park ranger if the assault happens:
  • while engaged in the execution of their official duties, or
  • as a result of the execution of their official duties.

When these allegations are brought in Arizona, they are immediately classified as felonies.

In some cases, an action may be deemed aggravated assault if an adult commits assault against a child fifteen years of age or younger.

If you have been charged with Assault or Aggravated Assault, the best course of action you can take is to meet with an experienced Arizona aggravated assault attorney. Scheduling a no-obligation session will assist you in obtaining the legal counsel and representation you may need going forward. Additionally, it might be beneficial to understand the possible legal ramifications and defenses associated with an Aggravated Assault case or conviction in Arizona.

If you have been charged with aggravated assault, it is critical that you promptly seek the legal assistance of an Arizona aggravated assault attorney right away. Schedule a consultation with one of our aggravated assault attorneys today!

 

Reckless Endangerment

Endangerment is defined in Arizona Revised Statutes Section 13-1201 as recklessly exposing another person to a considerable risk of impending bodily damage or death.

Reckless endangerment is a criminal violation that happens when someone purposely tells another person to substantial injury. By and large, the offender will be aware of the dangers yet will ignore them. In Arizona, this is a felony with a broad definition, which means that a variety of acts and behaviors may constitute reckless endangerment.

  • Reckless driving
  • Speeding excessively or drag racing
  • Drunk driving while transporting a kid
  • Serving alcoholic beverages to a minor
  • Leaving an unsupervised child
  • Violation of regulations or laws
  • Violations of workplace safety standards
  • Abusing a patient in a nursing home
  • Discharging a firearm into a crowd
  • Throwing pebbles from a bridge
  • Removing a person’s brakes

Prosecutors must establish that you intended to do the reckless act and that you were aware of or reasonably should have been aware of the hazards associated with the act. They do not need to establish that you meant to inflict the victim’s particular injury.

In Arizona, the act of carelessness may be sufficient to pursue this criminal offense. The consequences for reckless endangerment vary depending on the charge’s categorization. For example, an aggravated Class 6 felony has a maximum punishment of two years in jail. Endangering another person’s life when there is a big chance of immediate death is a class six felony. Otherwise, endangerment is a misdemeanor of the first degree.

If you have been charged with aggravated assault, it is critical that you promptly seek the legal assistance of an Arizona aggravated assault attorney right away. Schedule a case evaluation with us today!

 

Intimidating or Threatening

In Arizona, you do not have to physically attack someone to risk a criminal assault prosecution. According to Arizona Revised Statutes Section 13-1202, a person conducts threatening or intimidating behavior whenever they threaten or intimidate another person by words or actions:

  • To inflict bodily harm on another individual or cause significant damage to another person’s property
  • Cause a major public inconvenience, including but not limited to the evacuation of a building, transit facility, or place of assembly, or behave recklessly in the hope of causing one
  • To promote, encourage, or aid in the interests of, or compel, convince, or solicit another person to join a criminal street gang, criminal syndicate, or racketeering operation, inflict bodily harm to another person, or damage to another person’s property.

A misdemeanor conviction carries a maximum sentence of six months in prison, three years of probation, and a fine of up to $3,600. Threatening or intimidation might result in a criminal prosecution if street gangs are involved (Class 6). This offense becomes a Class 3 felony if it is committed to promote the gang or initiate a new member.

If you have been charged with aggravated assault, it is critical that you promptly seek the legal assistance of an Arizona aggravated assault attorney right away. 

What are the penalties for aggravated assault in Arizona?

A conviction for aggravated assault carries a more significant penalty than a conviction for simple assault. It is a criminal offense in Arizona and has a slew of harsh punishments. If convicted, this form of attack will be prosecuted as a class 2 felony, with a maximum term of 21 years in prison. In Arizona, the penalty for felony assault is determined by the crime’s categorization.

Class 2 Aggravated Assault

Sentences range from seven to twenty-one years in prison, with a projected term of 10.5 years.

Class 3 Aggravated Assault

Maximum sentence of 15 years in prison, with a presumption sentence of 7.5 years.

Class 4 Aggravated Assault

Four to eight years in prison, with a presumed sentence of six years.

Class 5 Aggravated Assault

Two to four years in prison, with a presumed sentence of three years.

Class 6 Aggravated Assault

Eighteen months to 3 years in jail, with a projected sentence of 27 months.

Along with a jail term, you may be subject to penalties of up to $150,000, obligatory probation, community service, and restitution.

A felony conviction on your record may also rob you of some civil rights, such as the ability to vote and carry weapons. When determining a punishment, a judge will evaluate the nature of the offense, the defense provided, the defendant’s attitude, the victim’s injuries, past criminal record, and other considerations. First-time offenders may get more tolerance than repeat offenders at punishment.

It’s not worth risking your freedom just to save a few bucks. If you’re facing charges of aggravated assault, consult our Phoenix aggravated assault lawyer at Snader Law Group to get the defense you need now. We offer a no-interest, no-credit check financing, so you can focus on protecting your freedom today.

What are the other consequences of an aggravated assault conviction?

In addition to losing your freedom for many years, a conviction of a violent crime such as aggravated assault will often stay with you for the remainder of your life. Any time a potential employer or landlord pulls a background check, that information will appear, and your application for a job or a lease will likely be turned down. As a convicted felon, you will not be allowed to own a gun, vote, or hold public office. Wherever you go, people will see you as a violent criminal, limiting your options in life.

That’s why you need to get an experienced aggravated assault attorney by your side immediately. If you’re not sure what to do, call us now to talk to a trusted Phoenix criminal defense attorney and discuss your case with us.

 

What are the possible defenses to an aggravated assault charge?

If you’re charged with aggravated assault, some of the legal defenses against aggravated assault that are available to you include self-defense, lack of present threat, and Miranda Rights violations.

Defense #1: Self-Defense

In certain situations, you may be able to claim that the assault happened when you were acting in self-defense. For example, the other party may have made an aggressive movement towards you first, and you acted with the intent to defend yourself which resulted in the victim ending up with a serious injury. If you are defending yourself from a threat, it may be possible to argue that the force used was reasonable under the circumstances.

While this is a common defense, you need the knowledge and experience of a seasoned Phoenix aggravated assault attorney to get compelling physical evidence and eyewitness testimonies that will support your case.

Defense #2: No Present Threat

Another potential defense that can be used is that of no present threat. This occurs when the victim believed that he or she was in danger—but there was not actually a real threat to their safety. If you plan on using this defense for your aggravated assault charge, you will need to prove that there the other person had no reason to fear for their safety, or that the perceived threat is not actually there. This might be difficult to prove, especially when you’re not familiar with the ins and outs of Arizona criminal law and proceedings.

Defense #3: Miranda Rights Violation

Another possible defense against an aggravated assault charge would be a violation of your Miranda Rights and other constitutional rights. Arizona laws require police officers to read you your Miranda rights if you’re being questioned about your aggravated assault charges. If you weren’t read your rights, you may have been coerced into giving incriminating statements. If you were denied your right to legal counsel when you were arrested, you may also be able to use that violation in your defense.

Why trust Snader Law Group with your aggravated assault charge?

When the penalties and consequences of a conviction are this hard, it’s crucial that you fight these charges with every tool available. To do this effectively, you need to hire the best aggravated assault lawyer you can find. Our Phoenix criminal defense attorney Howard Snader is an Arizona Board Certified Criminal Law Specialist with years of experience and a record of success in defending clients against these serious charges.

At Snader Law Group, we take your criminal case personally. When you work with us, you can expect an aggressive and proactive defense strategy that aims to get the best outcome for your case. We also offer our services at affordable plans, so you can focus on your defense now and worry about payments later. Schedule a consultation with us by calling or filling out the contact form to get started today!

Top Aggravated Assault Lawyer in Phoenix, AZ

In Phoenix, Scottsdale, and the surrounding area, you will find the quality legal counsel that will give you the chance of beating an aggravated assault charge when you call Howard Snader at Snader Law Group. Howard is a former prosecutor who understands the nuances of criminal law practice from both sides of the fence. A seasoned defense attorney and board-certified criminal law specialist is frequently able to have charges dismissed or reduced, and has won acquittals for numerous clients at trial. He enjoys the highest possible AVVO rating (10 –Superb), and has earned the respect of his legal peers and the gratitude of innumerable clients who are free because of his efforts on their behalf.

If you are facing aggravated assault charges, you can’t afford to go with less than the best. Don’t take a chance with an overworked public defender or an inexperienced attorney. The US Constitution gives you very specific rights, and Howard Snader will ensure that they are respected. If you’ve been arrested, call Howard immediately, and exercise your right to remain silent until he arrives.

 

How can our Phoenix aggravated assault attorney help you?

If you have been charged with any form of assault felony, it is critical that you promptly seek the legal assistance of an Arizona aggravated assault attorney right away.

Our aggravated assault attorneys at Snader Law Group, LLC have defended individuals accused of assault for many years and has the expertise and talent necessary to handle these sorts of cases properly.

If you’ve been charged with domestic violence, violent crimes, theft, drug crimes, or sex crimes, our Phoenix assault lawyers can help. The best defense lawyers understand how to build a strong defense case and successfully oppose the prosecution and negotiate for a charge reduction or dismissal.

For the best possible results, schedule a consultation with our Snader Law Group today!

Frequently Asked Questions about Assault & Aggravated Assault

Q: What is the difference between assault (or misdemeanor assault) and aggravated assault?

Assault is defined by the Arizona statutes as follows:

  1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
  2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
  3. Knowingly touching another person with the intent to injure, insult or provoke such person.

ARS 13-1203 Assault; classification (Arizona Revised Statutes (2016 Edition) (http://www.azleg.gov.)

In brief, an assault occurs when a person intentionally injures another person. The injury can occur by being struck with a fist, tripping a person or any number of ways. Also, if a person has a reasonable fear of imminent physical injury, an assault has occurred. For example, Joe has committed an assault if he gets in Lou’s face, points his finger at him and yells, “I am going to beat your butt here and now.” Assaults are punished as misdemeanors.

Aggravated assaults differ from assault in the degree of injury that is caused and who is assaulted. Police officers, teachers, correctional officers, and firefighters are a partial list of the professions that receive special protection from the law when they are carrying out their duties. Assault on the aforementioned class of people constitutes aggravated assault.

The degree of the injury can also cause an aggravated assault charge to be filed. For example, if Joe pushes Lou and walks off, Joe has committed an assault. However, if Lou falls and Joe kicks him causing a serious injury or disfigurement, such as knocking a tooth out, then Joe has committed an aggravated assault. Aggravated assault is a felony.

Q: I pointed a gun at someone, can I be charged with aggravated assault?

Yes, Arizona Statute 13-204 A-2 provides that using a deadly weapon constitutes an aggravated assault. Inarguably, a gun is a deadly weapon. Therefore, if a person intentionally points a gun at another person without legal justification, that person has committed aggravated assault.

Q: Can a deadly weapon be something other than a knife or gun?

Yes, a deadly weapon is defined as an instrument that is designed for lethal use. For example, flare guns, bow and arrow, and explosives are considered to be deadly weapons. Also, items such as scissors can be considered deadly weapons depending on how they are used.

Q: I hit a police officer and did not know he was a police officer. Do I have a defense to aggravated assault?

You may have a defense. A person is guilty of aggravated assault if the person assaults someone he or she knows or has reason to know is a peace officer. Therefore, if you did not know or have reason to know the person you hit was a police officer, you are not guilty of aggravated assault, assuming no other aggravating factors are present.  For example, assume Lou is an off-duty police officer sitting at a bar drinking a beer. Joe and Lou get into a heated discussion on who is the best quarterback of all time. Joe does not know Lou.  Joe pokes Lou in the chest and insults him. Joe may be guilty of assault, but he is not guilty of aggravated assault because he did not know that Lou was a police officer. Also, Lou was not performing his duties as a police officer, and Joe did not attack Lou because Lou was a police officer.

Q: Can an aggravated assault charge be reduced to a misdemeanor assault charge?

Yes, but that is a decision that the district attorney would make in negotiations with the defendant or the defendant’s attorney.

Q: If the district attorney offers to reduce the charges from aggravated assault to misdemeanor assault, should I take the plea?

Getting a felony charge reduced to a misdemeanor is a good thing. However, the decision to accept or reject a plea should be carefully considered. This decision should be made in consultation with your attorney. Issues you should discuss with your attorney include the evidence the state has against you, what defenses are available, how a misdemeanor conviction and or a felony will affect your life, and the chance of winning at trial.

Q: Someone got in my wife’s face and threatened to hit her. I hit the person who threatened my wife. Do I have a defense?

Yes, Arizona permits a third party to defend someone who is attacked. A third party has the same rights and limitations to defend a third person, as the person being attacked has at his or her disposal. The question is would a reasonable person believe your wife was in imminent jeopardy of a physical assault? Moreover, if your wife initiated the confrontation, she has no right to self-defense until she has clearly withdrawn from the fight. Here is a link to the Arizona statute that covers self-defense: http://www.azleg.state.az.us.

Q: Do minors receive special protection against assault?

Yes, if a person who is eighteen years of age or older assaults a person under the age of fifteen, the person who committed the assault can be charged with aggravated assault.

Q: What should a person charged with assault or aggravated assault do?

First, obey any restraining orders as a condition of release the court places on you. Second, consult with an attorney immediately. Defenses to assault and aggravated assault do exist. However, this is not a do-it-yourself project. You will need the help of an experienced criminal defense attorney.

For assistance with an assault charge or other serious crime, call The Law Office of Howard A. Snader at 602-899-0590.

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