Phoenix Assault Attorney

Last Modified: July 10, 2024
Phoenix assault attorney

When you face assault charges in Phoenix, AZ, the stakes are high, and the situation can feel overwhelming. Our law firm specializes in defending clients accused of all types of assault, including everything from misdemeanor assaults to felony assault charges.

We understand the nuances of the legal system and our team is committed to protecting your rights and achieving the best possible outcome. Our Phoenix assault attorney brings experience, skill, and dedication to your defense, ensuring you receive top-notch legal representation.

At Genesis DUI & Criminal Defense Lawyers, we approach each case with a detailed, personalized strategy. Our assault lawyer is well-versed in handling cases involving serious physical injury. This includes aggravated assault and domestic violence charges.

Criminal assault and aggravated assault penalties are stiff. If you face aggravated assault charges, learn more below. Then, contact us to schedule a free case consultation.

Our Phoenix Assault Attorney Vigorously Defends Your Rights

Our Phoenix assault attorney vigorously defends your rights

Our Phoenix assault attorney understands the critical nature of assault charges and the impact they can have on your life. From the initial consultation through every stage of the legal process, we fight to protect your rights and your future.

We ensure you understand your charges, the potential consequences, and available legal options. We aim to reduce or dismiss the charges against you through a proactive and aggressive defense strategy.

Our experienced assault lawyer evaluates every piece of evidence. We challenge inaccuracies and relentlessly advocate for your rights.

Overview of Assault Charges in Phoenix

Assault charges in Phoenix can range from misdemeanors, such as minor physical altercations, to felonies involving serious injuries or the use of weapons. The severity of an assault charge often depends on factors such as the presence of a weapon, the degree of injury to the other person, and the defendant's intent.

According to Arizona Revised Statutes §13-1203 and §13-1204, assault is defined as intentionally, knowingly, or recklessly causing any physical injury to another person. It includes intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure, insult, or provoke.

Aggravated assault includes more severe circumstances, like assault battery causing serious physical injury or using a deadly weapon.

Types of Assault

Types of assault

Assault charges vary widely in their nature and severity, ranging from verbal threats to physical attacks involving deadly weapons. Each type of criminal assault charge carries its legal implications and penalties. Here are the main categories of assault:

  • Simple assault. This is often considered a misdemeanor assault involving minor physical contact or threats without serious injury. Simple assault does not involve weapons or result in serious harm.
  • Aggravated assault. When an assault involves a weapon, results in serious physical injury, or is committed against certain protected classes, like a police officer, it is classified as aggravated. This type of assault is treated as a felony with more severe penalties.
  • Sexual assault. This type of assault involves any non-consensual sexual act or behavior. It is a serious felony and carries severe legal consequences.
  • Domestic Violence Assault. Assaults within a domestic setting, such as between family members or partners, fall under this category. Domestic violence charges also come with stiff consequences.
  • Assault on a public official. Assaulting a public servant, such as a police officer, while they are performing their duties is often treated more harshly and can lead to felony charges.

Misdemeanor vs. Felony Assault

The key difference between a misdemeanor and a felony assault lies in the severity of the act and the consequences for the victim.

Misdemeanor assaults involve less serious harm or threats without the intent to cause serious injury. These offenses can still result in jail time and fines, but the penalties are less severe than those for felonies.

Felony assault is charged when the defendant's actions result in serious physical injury. Examples of felony assault include cases that involve the use of a deadly weapon or are directed against certain protected individuals.

The legal penalties for felony and misdemeanor assault charges can include long-term imprisonment and substantial fines. You could also lose the right to vote. Understanding these distinctions is essential for anyone facing assault charges.

Legal Penalties for Assault in Phoenix

Legal penalties for assault in Phoenix

The penalties for assault in Phoenix vary based on the severity of the assault-related crime, the offense, and the circumstances involved. For misdemeanor assaults, penalties might include short-term jail sentences, fines, and community service. The possible jail time is as follows:

  • A conviction for a class 1 misdemeanor could lead to up to six months in jail.
  • A conviction for a class 2 misdemeanor could lead to up to four months in jail.
  • A conviction for a class 3 misdemeanor could lead to up to 30 days in jail.

The consequences of felony assault are much more severe. Under Arizona law, as outlined in Arizona Revised Statutes §13-1204, aggravated assault can lead to lengthy prison sentences, larger fines, and more extensive probation periods. For example, a class 2 felony could lead to up to five years in jail, and a class 6 felony could lead to up to one year.

The law specifies enhanced penalties for assaults involving deadly weapons, serious injuries, or victims who are minors or public officials. The exact penalties depend on the case's specifics, including prior convictions and aggravating factors.

Steps to Take if Accused of Assault

  1. Contact an assault lawyer immediately. As soon as you are accused of assault, it's critical to get legal representation. A skilled attorney can help you understand your charges and form a defense.
  2. Do not speak to the police without your attorney. It's important to exercise your right to stay silent until you have a lawyer. Anything you say can be used against you.
  3. Preserve any evidence. If you have any evidence that could support your defense, such as texts, emails, or videos, keep them safe. They may be vital for your case.
  4. Avoid contact with the accuser. To prevent further complications, do not contact the accuser. All communication should go through your attorney.
  5. Attend all required legal proceedings. Show up for all court dates and legal appointments. Your lawyer can help you figure out what to expect at each stage.
  6. Discuss defense strategies with your attorney. There are countless potential defenses to assault charges, depending on the circumstances. Work closely with your lawyer to determine the best approach.
  7. Stay informed and involved. Keep informed about the legal process and actively participate in defense planning. Understanding your situation fully will help you make better decisions.

How We Defend Against Assault Charges

How we defend against assault charges

Our approach to defending against serious assault and battery charges is comprehensive and proactive. We start by thoroughly reviewing the case against you, including the evidence and circumstances of the alleged incident. We aim to spot any weaknesses in the prosecution's case. Then, we develop a strong defense strategy that challenges their claims.

Self-Defense and Defense of Others

In many assault cases, self-defense, or the defense of others, is a valid and powerful argument. This defense might apply if you acted to protect yourself or another person from imminent physical harm. We work to substantiate your actions as justified under the circumstances.

Lack of Intent and Accidental Harm

Another common defense in assault cases is the lack of intent to cause harm. Demonstrating that any substantial risk of harm caused was accidental and not intentional can substantially weaken the prosecution's case. This approach requires detailed evidence and, often, expert testimony.

Alibis and Witness Testimonies

Alibis and witness testimonies can be important in proving that you were not present at the scene, which is considered aggravated assault, or did not commit the assault. We diligently collect and present evidence that supports your alibi or contradicts the accuser's version of events.

Why You Need Our Phoenix Assault Attorney To Defend You

Facing assault charges can be one of the most challenging times in your life, and the outcome can seriously affect your future. This is why having an experienced Phoenix assault attorney is essential. We provide more than just legal representation. We offer a strategic defense tailored to your specific assault case and circumstances.

Case Evaluation and Strategy Development

Our first step in defending you is thoroughly evaluating your case's aspects. We develop a defense strategy that considers your situation's unique elements. This might involve challenging the prosecution's evidence, presenting alternative narratives, or negotiating for reduced charges.

Evidence Collection and Witness Interviews

Collecting evidence and interviewing witnesses form the backbone of a successful defense strategy. We meticulously gather all available evidence to support your case, including surveillance footage, GPS data, and witness statements. This thorough approach ensures we have a strong defense to present on your behalf.

Representation in Negotiations and Trial

Whether your case is resolved through negotiations or goes to trial, you need skilled representation every step of the way. Our attorneys are experienced in negotiating plea deals and representing clients in court. We aim to achieve the best possible outcome, whether a reduced sentence, lesser charges, or a complete dismissal.

FAQs for Phoenix Assault Attorney

What should I do immediately after being accused of assault?

If accused of assault, it's important to avoid making any statements to the police without a lawyer present. You should document any evidence or witness information. Then, contact a qualified assault attorney immediately.

Can assault charges be dropped or reduced?

Yes. A skilled attorney sometimes negotiates with a prosecutor to drop or reduce assault charges to a reasonable level. We can challenge the evidence or prove valid defenses such as self-defense or lack of intent.

What are the possible consequences of an assault conviction in Phoenix?

Consequences include prison time, probation, fines, and a permanent criminal record. They also include negative impacts on employment, housing, and educational opportunities.

Contact Our Phoenix Assault Attorney for a Free Case Consultation

Contact our Phoenix assault attorney for a free case consultation

If you or someone you know is facing assault charges, it's important to act quickly and seek professional legal help. At Genesis DUI & Criminal Defense Lawyers, we offer a free case consultation to discuss your situation and how we can help.

Don't face these charges alone—our Phoenix assault attorney is here to help you. Contact us today to schedule a free case consultation.

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