Phoenix DUI Lawyer Blog

Gilbert Assault Attorneys will Fight your Assault Charges

"There are two sides to every story. Let a Gilbert Assault Defense attorney protect your rights and educate the court on your side of the story."

In Gilbert, AZ there are two kinds of assault offenses. First, there is the "misdemeanor assault". The second is "felony aggravated assault". Each has varied penalties depending on the circumstances involved. They are both considered very serious crimes in the Gilbert Arizona. The Gilbert Assault laws, sentencing and punishments are dictated by the very strict assault laws of Arizona Criminal code A.R.S. 13-1203 - misdemeanor assault, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assault.

If you were charged with a Gilbert assault, you will face harsh penalties if convicted. You should contact Gilbert criminal defense or Gilbert assault defense lawyer as soon as possible. A Free Consultation from a Gilbert Assault Lawyer is easy to find. You have nothing to loose by getting a free initial consultation, in the least. The following is short summary of the two assault types:

Gilbert, Arizona Misdemeanor Assault:
Misdemeanor Assaults are charged in Gilbert when a defendant's actions put caused someone fear of bodily harm; physical contact with another individual with the intent of causing bodily injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Gilbert AZ misdemeanor assault sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Gilbert, Arizona Felony- Aggravated Assault:
An Aggravated assault in Gilbert, AZ is a Felony. These charges are far more serious than misdemeanor assaults. If the situation presents an additional set of circumstances the misdemeanor assault will be elevated to a felony aggravated assault. Just some of those factors include but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Gilbert Assault and Aggravated Assault Defenses:

Your Gilbert criminal defense attorney will work together with you as a team, to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Gilbert Criminal Defense Attorney might consider, based on the circumstances of your case:
• Feared for your life or well being
• Your actions were in self defense
• Your actions were in response to what you perceived was a threat
• State of Mind of victim and defendant
• Necessity Defense
• Prosecution could not produce adequate evidence
• There were no witnesses besides you and the victim at the scene
• There was no weapon involved
• A third party was involved in the dispute
• The assailant was someone else
• The victim's credibility is in question. (victim's history of false accusations.)
• Your Constitutional Rights were violated during pre-charge investigation, charge, search, or arrest.
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accident outside your control
• Unforeseen, or unexpected situation

There are two sides to every story. Let a Gilbert Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. Your Gilbert Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. The attorney's job is to find out what defenses can be used based on your unique set of circumstances. There job is to protect your rights, freedom, and future with the ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case. You will not get this help from the courts, prosecution, or anyone else. It is a very important decision to make. One that will affect the rest of your life. Choose wisely.

If you have been charged with any Gilbert assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).