Gilbert Assault Lawyer

Last Modified: June 7, 2024
Gilbert assault lawyer

Are you facing misdemeanor or felony assault charges? If so, you need a strong criminal defense team in your corner.

At Genesis DUI & Criminal Defense Lawyers, we have experience defending clients against numerous violent crime accusations. This includes everything from an aggravated assault charge to accusations of assault with a deadly weapon.

We know the legal process can be confusing, but an assault conviction could change your life forever. Therefore, you need the strongest possible defense.

Learn more about facing assault charges in Gilbert. Then, contact us to schedule a free consultation.

Our Gilbert Assault Lawyer Provides You With a Strong Defense

Our Gilbert assault lawyer provides you with a strong defense

In Gilbert, assault and battery are charged under the same statutes, and charges range from misdemeanor assault to felony aggravated assault.  The Arizona Assault Statutes also include charges for endangerment and threatening.

Whether you have a misdemeanor assault charge or an aggravated assault charge, the penalties can be severe. You can be charged with misdemeanor or felony assault under a wide variety of circumstances, and charges can even be filed against you if you were merely defending yourself.

Because there are so many different ways an assault charge can arise, many different defenses must be explored. In our experience, it is best to have a criminal justice attorney begin to work your case on assault charges right away to make certain you have the best outcome at trial.

That's where the Gilbert criminal justice system and defense lawyer at Genesis DUI & Criminal Defense Lawyers, as your assault and battery lawyers, comes in.

Our Criminal Defense Attorney Is With You From Start To Finish

As your assault defense lawyers, we will help you every step of the way to ensure that you understand your assault charges and are informed of all your potential consequences.

Together, we will ultimately formulate your best defense for your legal case. Perhaps your actions were accidental, you acted in self-defense or out of fear for your safety, or you may have acted in defense of another person.

The criminal attorneys at Genesis DUI & Criminal Defense Lawyers will not only explore all possible defenses for your case, but we will also closely examine the actions of the police to ensure that your constitutional rights were protected before, during, and after your arrest.

Serious Physical Injury Is Not Required for Assault Charges

With the wide variety of assault charges in Gilbert, Arizona, starting with something as simple as the mere threat of violence to inflicting serious bodily harm on someone, the potential sentences range anywhere from a fine to a lengthy prison sentence. 

The good news is that you don't have to navigate this road alone. By hiring us as your criminal justice attorneys to represent you in your assault case, we can find the best outcome for your situation together. Give us a call today.

What Are the Different Types of Assault Charges?

In Arizona, assault charges can range from misdemeanor simple assault to felony aggravated assault. Simple assault might involve minor physical contact or even just the threat of harm, while aggravated assault includes more serious actions like using a weapon or causing serious injury.

These charges can also escalate based on the victim's identity, such as if the victim is a police officer, teacher, or healthcare provider. The circumstances and severity of the incident play a critical role in determining the specific charges.

Aggravated assault charges often involve situations where the defendant is accused of using a deadly weapon or causing serious physical injury. If the assault involved a person who had legal protection, such as a child or an elderly person, this kind of criminal charge may also be appropriate.

The legal consequences of assault charges can be severe, including hefty fines and extensive prison time. Understanding the specific type of assault charge is vital in developing an effective defense strategy.

What Types of Evidence Might the Prosecution Put Forth?

What type of evidence might the prosecution put forth

The prosecution in an assault case might present various evidence to prove their case. This can include physical evidence such as weapons, photographs of injuries, and medical records that document the extent of the injuries sustained by the victim.

They may also use witness testimonies from people present during the incident or who have relevant information about the altercation. Video footage from surveillance cameras or personal devices can also play an important role in the prosecution's case.

Furthermore, the prosecution might introduce electronic evidence such as text messages, emails, or social media posts that could suggest motive or intent. They also often rely on the victim's testimony, detailing the incident from their perspective.

Expert witnesses, such as doctors or forensic analysts, may be called to explain the nature of the injuries and how they could have been caused. All this evidence is compiled up to six months to build a strong case to demonstrate that the assault occurred as alleged.

Steps You Should Take If Accused of Assault in Gilbert

  1. Do not speak to the police without an attorney. If you are accused of assault, avoid discussing the incident with the police until you have legal representation. Anything you say can be used against you in court.
  2. Hire a criminal defense attorney. Contact a criminal defense attorney specializing in assault cases as soon as possible. They can help protect your rights and guide you through the legal process.
  3. Preserve any evidence. If you have evidence supporting your innocence or providing context for the incident, preserve it. This could include clothing, photographs, or digital communications.
  4. Identify witnesses. If there were any witnesses to the incident, get their contact information. Your attorney can interview them to see if their testimony could support your defense.
  5. Follow all legal instructions and court orders. Make sure to follow any instructions or court orders related to your case. This includes attending all court dates and adhering to any restrictions placed on you.
  6. Avoid contact with the victim. Do not contact the victim or anyone closely connected to the case. Any interaction can be misinterpreted and potentially worsen your situation.
  7. Prepare for your defense. Work closely with your lawyer to prepare your defense. This may include discussing the events that led to the charges, any potential legal defenses, and the strategy for court.

Defense Strategies We Use To Protect Your Rights

Defense strategies we use to protect your rights

When defending clients accused of assault, our approach is comprehensive and tailored to the specifics of each case. We thoroughly review all the evidence, work closely with our clients to understand their perspectives, and develop a strong defense strategy.

Our goal is to ensure the best possible outcome for our clients, whether that means negotiating a plea deal or fighting the charges in court. Below are some of the strategies we might employ in your defense.

Establishing an Alibi

If you were not present at the location where the assault allegedly occurred, proving your absence can be a powerful defense.

We will gather evidence such as receipts, eyewitnesses, or electronic data to support your alibi. This approach clearly shows the court that you could not have committed the alleged assault. Establishing an alibi effectively negates the criminal charges made against you.

Self-Defense

In cases where you are accused of assault following a confrontation, claiming self-defense can be a valid strategy. We will demonstrate that you only used force to protect yourself from harm. This defense requires showing that the threat was immediate and that your response was proportionate to the threat.

We meticulously document the circumstances leading up to the incident to establish the legitimacy of your self-defense claim.

Defense of Others

Similar to self-defense, defense of others is used when you intervene to protect someone else from harm. We will present evidence that your actions were necessary to prevent injury to another person.

This strategy involves demonstrating that you had reasonable grounds to believe the intervention was necessary. We aim to show that any reasonable person in the same situation would have acted similarly.

Lack of Intent

Many assault charges depend on proving that the accused intended to cause harm. We challenge these assertions by arguing that there was no intent to injure the alleged victim.

This might involve presenting evidence or witness testimony contradicting the prosecution's narrative. Proving a lack of intent can substantially weaken the prosecution's case.

Consent

In some assault cases, especially those involving mutual combat or sports, consent can be argued. We will show that the alleged victim agreed to the conduct that led to the injury, which can nullify the assault charges.

This defense is carefully examined to ensure it applies to the case's circumstances. Consent must be clear, informed, and legally valid.

FAQs

What is the difference between assault and battery?

The difference between assault and battery is that assault typically involves the threat of harm, while battery refers to the actual or imminent physical injury or contact that causes harm. In Arizona, these terms are often used interchangeably in legal contexts to refer to physical attacks.

Can charges be dropped if the victim forgives me?

While the victim's wishes are considered, the prosecutor ultimately decides whether to pursue or drop charges. A victim's forgiveness can influence the case, but it does not guarantee that charges will be dismissed.

What are the penalties for assault in Arizona?

Penalties for assault in Arizona vary widely, depending on the severity of the charges. They can range from fines and probation for misdemeanor assault to substantial prison time for an aggravated assault charge.

How can a lawyer help if I'm accused of assault?

A lawyer can help by protecting your rights, forming a strong defense strategy, negotiating plea deals, or representing you at trial. They ensure you understand all legal options and the possible outcomes.

Contact Our Gilbert Assault Lawyer To Schedule a Free Case Consultation

Contact our Gilbert assault lawyer to schedule a free case consultation

An assault charge is a serious accusation; you are entitled to a strong defense. At Genesis DUI & Criminal Defense Lawyers, we always put the needs of our clients first. We also believe that everyone is innocent until proven guilty. We aim to dismiss your case or put reasonable doubt in the jury's minds.

Contact us today to schedule a free case evaluation.

Genesis DUI & Criminal Defense Lawyers - Gilbert, AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295 (480) 757-8900

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