Assault Attorney Explains The Statute:
Our specialized team of assault attorneys have had the honor and responsibility of handling many assault cases throughout the state of Arizona. If you or a loved one have been arrested for an assault case, we would like to meet with you today to see how we can help you through the process. We understand that for many, if not all, the criminal process can be confusing and intimidating. Having said this, we strongly encourage and advise you to contact our assault lawyers BEFORE your first court date. This will give us the best opportunity to have the necessary time in order to look at the facts of your case, prepare a defense and finally to ensure that we do everything in our power to win your assault case.
The state of Arizona has various types of charges when it comes to a crime such as assault. Likewise, there are also a variety of factors come into play when determining how an assault case should be classified or categorized. Some cases may be considered as simple as a misdemeanor. Other cases that seem similar in retrospect may be considered and charged as a serious felony cases.
Our assault attorneys advise you to consider some basic questions that we ask in order to to determine the classification and seriousness of your assault case.
Here are some of the factors that are likely going to make an assault case more serious.
- Was the victim seriously injured? (broken bones)
- Was the assault potentially deadly? (choking)
- Was the victim a child?
- Was the victim a police officer or school official?
- Was a weapon used? (knife, bat, gun, auto…)
The previously mentioned factors can significantly impact the way the government charges and prosecutes an assault case. Obviously cases involving deadly weapons and/or children are far more serious.
Misdemeanor or Felony?
One of the most common questions that individuals ask in regards to their assault case is if their charge is a misdemeanor or a felony. Chances are if you have to go to a city court, then you are probably being charged with a misdemeanor.
However, if the victim of the alleged assault was a public official or police officer, some sort of weapon was used, or there was serious bodily injury, assault can be charged as a felony. Having said this, if you have to go to superior court, you are likely being charged with a felony.
Domestic Violence Charges:
There are cases in which an assault charge can also be a domestic violence charge. This occurs when the alleged victim of the assault lives at the same address as the individual who has been accused. Domestic violence is a separate designation, and can lead to serious consequences for anyone who is found guilty.
There are a couple of defenses that can be used in an assault case. One defense would be that the assault was in self defense and defense of others.
Another defense to assault is that the crime did not take place at all. There are oftentimes where assault cases are successfully defended due to the fact that eyewitness testimonies are confusing and contradictory.
Let Our Attoneys Help you Today