Assault charges are very serious under Arizona criminal laws. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process.
Assaults range from the simple threat of violence to inflicting bodily harm on someone. Depending on the charge, your potential sentence also varies greatly. You could be facing merely fines or a lengthy prison sentence.
The first step in determining what the future holds is to understand the charges against you.
Of course, these guidelines don’t offer a lot of insight into what is going on with your exact case. Please call me for a free consultation and legal case evaluation on any Arizona assault charge.
Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500.
Ref: Arizona ARS 13-1203
Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the “aggravated” level. Facing charges as serious as this can be nerve-racking. With the possibility of a lengthy prison sentence, you want to be sure you have all the help you can get- let us help you.
- results in “serious physical injury”
- is committed with a deadly weapon
- causes temporary but substantial disfigurement or fracture
- if the victim is restrained
- is committed after entering the private home of someone
- if the victim is a police officer, prison guard, firefighter, prosecutor, teacher, or medical professional.
Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. If this is your first offense you may be facing a range of 5-15 years in prison. Your history and the circumstances of the crime will determine where in this range the judge sentences you.
If this is your second conviction of a dangerous offense the sentencing possibilities leap to 10-20 years. If it is your third conviction you could be sentenced to a prison term of 15-25 years.
Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence.
Ref: Arizona Revised Statues ARS 13-1204
Threatening or Intimidating
Communicating threats also falls under the heading of assault. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. However, if this threat is regarding is in an effort to get someone involved in gang activity, it is elevated to a class 3 felony and can carry 3 ½ years in prison.
Ref: Arizona Revised Statues ARS 13-1202
If you have recklessly put someone at risk of imminent death or physical injury, you may be facing endangerment charges. Only the risk must be present, no actual physical injury has to occur.
Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. This carries with it a potential prison term of up to one year and fines of $2,500.
Felony endangerment involves the risk of “imminent death”. This offense is more serious and carries a potential sentence of up to one year, but also labels you as a convicted felon and further affects your future and reputation.
Ref: Arizona Revised Statues ARS 13-1201
Assaults happen quite frequently under a variety of circumstances. Sometimes assault charges are filed against people who were merely defending themselves. Don’t try to feel your way through the criminal justice process alone.
Get legal help from Arizona attorney who is experienced in defending assault cases like yours.
Please call me for a legal consultation today.