Phoenix DUI Lawyer Blog

A Tempe Assault Lawyer will protect your rights and educate the court on your side of the story.

In Tempe AZ there are two classifications of assault charges. The first is that of a
misdemeanor assault. The second is a felony or what is known as "aggravated assault. Each possesses varied levels of punishments, based on the circumstances surrounding your case and the incident. There are two things they have in common: 1) Both involve harm or intent to harm another person, and 2) Both are viewed as serious crimes with serious penalties subject to the laws and sentencing of Arizona Criminal code A.R.S. 13-1203 (misdemeanor assault) and Arizona Criminal code A.R.S. 13-1204 (felony aggravated assault). Due to the serious penalties involved in a conviction, you it is highly recommended that you contact a Tempe Criminal Attorney, who regularly defends and litigates all types of assault cases in Tempe Arizona. It is easy to find highly experienced Attorneys who provide Free Initial Consultation for your assault charges in Tempe Arizona. A Free Consultation from a Tempe Assault Defense Attorney is well worth your time - in fact, it's a must.

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 defense 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:

Tempe Arizona Misdemeanor Assault:
A misdemeanor assault is one that involves subjecting or intending to harm another person for which they are in fear. It may include physical contact with another person with the intent of causing physical injury, provocations, or causing another person reasonable apprehension of imminent physical injury; The prosecution must prove you intentionally, knowingly, or recklessly caused physical injury, or intended to cause harm to another person If convicted of a Tempe misdemeanor assault you may face up to one year in prison, fines up to $2,500, fees plus reimbursement of medical bills or other restitution to the victim.
"A Free Consultation from a Tempe Assault Defense Attorney is well worth your time -in fact it's a must..."

Tempe Arizona Felony Aggravated Assault:
A Tempe Felony or aggravated assault charges are far more serious than a misdemeanor assaults. Several circumstances exist that elevate an assault to the "aggravated" or "felony" level. Here are examples, not all inclusive of those circumstances: Causing "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; committing an assault while a victim is being held against their will, restrained or is for some reason 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. If convicted, punishments can include (not in any order) fines, fees, counseling, restitution to the victim, lengthy prison sentences, long term felony criminal records that will follow you in some cases for the rest of your life.

Tempe, Arizona Assault and Aggravated Assault Defenses:
So you're probably wondering "what can a Tempe Assault Defense Attorney do for me?"
Unfortunately, the Police, Prosecution, and State don't want to hear your side of the story. The police made a decision to charge or arrest you for assault. After that it was too late for your verbal side of the story. The police rarely, if ever, change their minds once the arrest is made. Now all they want is a conviction. It is important that you get a strong Tempe Criminal Defense Attorney who defends Tempe Assault cases on regular bases to defend you. They will be your voice, your sword, and your shield from the prosecution. That's just the way it is and the way the legal system is set up. You have the constitutional right to a private criminal defense attorney. They expect you to use it, and in this case, it is an extremely wise choice. Here are just a few defense strategies you might expect a good Tempe Assault Attorney to do for you, based on the unique circumstances of our case:

• You acted in self defense or out of fear
• You were reacting to what you perceived as a threatening situation
• Both the state of mind of the victim and you at the time of the incident
• "Necessity" Defense: For example, the victim was in the process of harming your child or an elderly parent
• Lack of evidence by the Prosecution
• If claim exists that you used a weapon, but there was no proof of that weapon
• The involvement of outside parties or persons
• Lack of witnesses
• Interview or depose the police and or witnesses
• You were not the person who committed the act
• Victim has a history of making unfounded claims, and is not a credible.
• The police violated your Constitutional rights during charges, arrest, or thereafter
• The victim provoked, threatened or intimated you, forcing your response
• The event was completely accidental, and in no way intentional
• The circumstances were unforeseen, unexpected or unpreventable
• Proof exists of efforts you made to protect the victim from the unexpected or unavoidable harm or endangerment.

Once your Tempe Assault Attorney gathers and examines evidence in your case, the will build and mount an effective defense. The court and prosecution will then be educated about your story, from the facts and evidence your Tempe Criminal Defense Attorney has presented. You will need a criminal defense attorney with a great deal of experience; one that understands your story and your freedom is extremely important; one that will over turn every stone of evidence to defend your rights and get the best possible outcome in your case be it suppression of evidence, reduction of charges or a total dismissal of your case.

If you have been charged with any Tempe 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 Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).