Phoenix DUI Lawyer Blog

A Phoenix Assault Defense Attorney will make sure your own rights have not been violated
"In Phoenix Arizona, there are two main categories of assaults charges: Misdemeanor "Assault," and felony "Aggravated Assault." Each category of assaults carries different levels of penalties depending on the facts surrounding your charges. Both are types are considered serious offenses in the eyes of Phoenix, Arizona and the Prosecution and you will potentially face serious penalties if convicted. You should immediately consult a Phoenix Assault Attorney if you have been charged of any assault offense. You can easily get a Free Consultation from a Top Phoenix Assault Attorney. If the first attorney you contact requires payment for a consultation, it is highly recommended that you continue to look for another Phoenix Assault Lawyer. Most Phoenix Assault Lawyers will not charge you for an initial consultation. The following is a brief discussion of the two different Phoenix Arizona Assault types:

Phoenix Arizona Misdemeanor Assault:
Simple assaults in Phoenix Arizona are those that involve the putting someone in fear of bodily harm, physical contact with another person with the intent of causing physical injury, or causing actual physical injury to someone, or the intent to harm or provoke another person; you intentionally placed another person in reasonable apprehension of imminent physical injury; you intentionally, knowingly, or recklessly caused physical injury to another person If charged and convicted of a Phoenix Arizona misdemeanor assault you can be sentenced to up to one year in prison, fines up to $2,500, fees plus restitution to the victim.

Phoenix Arizona Felony Aggravated Assault:
An Aggravated assault in Phoenix Arizona is a Felony. These charges are far more serious than simple assaults. There are several circumstances that can elevate an assault to the "aggravated" level. The following is not an exhaustive list. But to give you an idea, some crimes are considered felony assaults in the following situations: "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 is unable to resist; if the assault causes substantial disfigurement or impairment, temporary or permanent; if the person commits the assault while violating a valid order of protection; if the person takes or attempts to gain control of a police officer's firearm or other 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.

Phoenix Arizona Assault and Aggravated Assault Defenses:
Some Phoenix Assault Defenses include just some defenses that a top Phoenix Assault Defense Lawyer may use depending on circumstances surrounding your charges:
• Fear and Self Defense
• Reaction to a perceived threat
• The state of mind of both the victim and the defendant
• Necessity Defense
• Lack of evidence
• Lack of weapon
• Third Party entities' involvement
• No witnesses
• Wrong person being accused
• Victim's credibility questionable
• Your Constitutional right were violated
• Provocation, threat or intimidation by the victim
• Accidental nature of injury or events v. intentional nature
• Other justifiable circumstances
• Unforeseen, no fortuitous, unexpected events involved
• Proof of assertive efforts by the Defendant avoid victim's endangerment

When you hire a good Phoenix Assault Defense Lawyer, with a great deal of experience, they understand that your story is important, from your point of view. Your Phoenix Arizona Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. If hired, your defense attorney will interview witnesses, turn stones regarding circumstances surrounding the events, and use all defenses that may apply to your Phoenix Assault charges.

If you have been charged with any Phoenix 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.