Recently in Assault Laws Category

July 18, 2010

Scottsdale Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. A Scottsdale Assault Defense Attorney will tell Your Side of the Story."

In Scottsdale, Arizona there are two classes of assaults-a "misdemeanor assault" and "felony aggravated assault". Each possesses a range of sentencing and penalties based on the circumstances of the charges. Scottsdale Arizona, views both of them as serious crimes. The Scottsdale Assault laws, and punishments are dictated by the 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 an Assault of any kind in Scottsdale, AZ, you ill face harsh penalties if convicted. You should contact Scottsdale criminal defense or an assault Attorney who defends clients frequently in Scottsdale Courts. A Free Consultation from a Scottsdale Assault Lawyer is easy to find and very important. The following is short summary of the two assault types:

Scottsdale, Arizona Misdemeanor - Assault:
Misdemeanor Assaults are charged in Scottsdale when a defendant's actions caused a person bodily harm or fear of bodily harm; physical contact with another individual with the intent to cause bodily injury, or actually causing physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical danger and injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted, of a Scottsdale 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.

Scottsdale, Arizona Felony- Aggravated Assault:
An Aggravated assault in Scottsdale, Arizona is a Felony. These are far more serious charges than misdemeanor assaults, and consequently penalties are extremely serious. Certain additional circumstances if presented, will elevate a misdemeanor assault up 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.

Scottsdale Assault and Aggravated Assault Defenses:
Your Scottsdale criminal defense attorney will work with you to gain evidence, and build an effective defense. It is essential that you provide whatever details or information your attorney requests, in an effort to build the best defense case possible for your assault charges. The Attorney will then gather, evaluate, build and mount what they feel will bring you the most successful outcome in your case. Assault defenses can be complex. Your criminal defense attorney will draw from their extensive training, education, prior defense cases, litigation experiences, and case law that may exist and apply to your unique set of circumstances.

Here is a sample list defenses an experienced Scottsdale Criminal Defense Attorney might consider using depending on the charges and circumstances of the case
• You Feared for your life.
• Your actions were in self defense
• Your actions were in response to what you perceived was life threatening
• Circumstances surrounding State of Mind of both you and the victim
• Necessity Defense
• Lack of adequate evidence
• No witnesses
• No weapon used or found or proved to be used
• Other persons were involved in the altercation
• The assailant who hurt the victim was not you
• Questionable testimony by the victim - history of false allegations by the victim
• Your Constitutional Rights were violated during pre-indictment investigation, search, seizure or arrest.
• You were provoked or intimidation by the victim
• The situation was an accident, completing occurring outside your control
• The situation was unforeseen, or unexpected situation
• Proof that your prudently and actively did everything possible to help avoid threat, injury, or harm to the victim

There are two sides to every story. A Scottsdale assault lawyer will tell your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. The attorney's job is to find out what defenses can be used based on your unique set of circumstances; protect your rights, freedom, and future; and in every case do what ever is needed to attempt to get the charges dismissed or in the alternative charges reduced, evidence suppressed, to get the best possible outcome for you.

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

Continue reading "Scottsdale Assault Laws" »

July 2, 2010

Mesa Criminal Defense Lawyers Fight Assault Charges

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

In Mesa, AZ there are two categories of assault charges. The first is a "misdemeanor assault". The second is a "felony aggravated assault. Each has different levels of penalties based on the circumstances surrounding the incident that led to the charges. Both are viewed as very serious crimes in the Mesa Arizona. The Mesa Assault Laws, Sentencing and Penalties are dictated by the strict assault laws in the criminal code 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 face Mesa assault charges, you will potentially face serious penalties if convicted. You should immediately consult a Mesa criminal defense or Mesa Assault Attorney if you have been charged of any assault offense. A Free Consultation from a Mesa Assault Lawyer is easy to find. Consider it a necessity not an option. The following is a brief outline both Mesa assault types.

Mesa, Arizona Misdemeanor Assault:
Misdemeanor Assaults Mesa are charged when a defendant's actions involve putting someone in fear or jeopardy of bodily harm, physical contact with another individual with the intent of causing physical 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 Mesa AZ misdemeanor assault you could be sentenced to up to one year in prison, fines up to $2,500, fees and restitution to the victim.

"A Free Consultation from a Mesa Assault Lawyer is easy to find...Consider it a necessity not an option".

Mesa, Arizona Felony Aggravated Assault:
An Aggravated assault in Mesa, AZ is a Felony. These charges are far more serious than misdemeanor assaults. There are several circumstances that if present will elevate an assault to the "aggravated" assault level. They 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.

Mesa Assault and Aggravated Assault Defenses:
There should be no secrets about what your criminal defense attorney will do for you if retained. An open line of communication should exist. A private criminal defense attorney works for you, not the state, not the public defender's office, not the city---just you. And together you will work 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 Mesa Criminal Defense Attorney might consider, based on the circumstances of your case:

• You feared for your life or well being
• You acted in self defense
• You reacted to a perceived threat
• Circumstances surrounding both you and the victim's state of mind
• Necessity Defense - such as in the case of a mother protecting her child from imminent danger or harm
• No evidence exist
• No witnesses exist
• No claimed weapon exists or was found
• Other parties or entities were involved
• You were accused wrongly. The assailant was someone other than you.
• The victim is not credible and character is in question
• Your Constitutional right were violated during search, seizure, arrest, or thereafter
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accidental nature v. intentional nature
• Unforeseen, or unexpected situation
• The proximate cause of the injury involved circumstances outside your control such as an unexpected act of nature, or caused by someone other than yourself.
• Proof of significant efforts or actions that you did everything within your means to avoid the victim's harm or endangerment. And these actions were consistent with that of a prudent person in the same situation.

There are two sides to every story. Let a Mesa 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 Mesa 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. The attorney's job requires they do everything possible under the law to protect your rights, freedom, and future. Their 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.

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

Continue reading "Mesa Assault Attorney" »

June 27, 2010

Mesa Assault Lawyer will Fight Your Assault Charges

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

In Mesa, AZ there are two categories of assault charges. The first is a "misdemeanor assault". The second is a "felony aggravated assault. Each has different levels of penalties based on the circumstances surrounding the incident that led to the charges. Both are viewed as very serious crimes in the Mesa Arizona. The Mesa Assault Laws, Sentencing and Penalties are dictated by the strict assault laws in the criminal code 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 face Mesa assault charges, you will potentially face serious penalties if convicted. You should immediately consult a Mesa criminal defense or Mesa Assault Attorney if you have been charged of any assault offense. A Free Consultation from a Mesa Assault Lawyer is easy to find. Consider it a necessity not an option. The following is a brief outline both Mesa assault types.

Mesa, Arizona Misdemeanor Assault:
Misdemeanor Assaults Mesa are charged when a defendant's actions involve putting someone in fear or jeopardy of bodily harm, physical contact with another individual with the intent of causing physical 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 Mesa AZ misdemeanor assault you could be sentenced to up to one year in prison, fines up to $2,500, fees and restitution to the victim.

"A Free Consultation from a Mesa Assault Lawyer is easy to find...Consider it a necessity not an option".

Mesa, Arizona Felony Aggravated Assault:
An Aggravated assault in Mesa, AZ is a Felony. These charges are far more serious than misdemeanor assaults. There are several circumstances that if present will elevate an assault to the "aggravated" assault level. They 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.

Mesa Assault and Aggravated Assault Defenses:
There should be no secrets about what your criminal defense attorney will do for you if retained. An open line of communication should exist. A private criminal defense attorney works for you, not the state, not the public defender's office, not the city---just you. And together you will work 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 Mesa Criminal Defense Attorney might consider, based on the circumstances of your case:

• You feared for your life or well being
• You acted in self defense
• You reacted to a perceived threat
• Circumstances surrounding both you and the victim's state of mind
• Necessity Defense - such as in the case of a mother protecting her child from imminent danger or harm
• No evidence exist
• No witnesses exist
• No claimed weapon exists or was found
• Other parties or entities were involved
• You were accused wrongly. The assailant was someone other than you.
• The victim is not credible and character is in question
• Your Constitutional right were violated during search, seizure, arrest, or thereafter
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accidental nature v. intentional nature
• Unforeseen, or unexpected situation
• The proximate cause of the injury involved circumstances outside your control such as an unexpected act of nature, or caused by someone other than yourself.
• Proof of significant efforts or actions that you did everything within your means to avoid the victim's harm or endangerment. And these actions were consistent with that of a prudent person in the same situation.

There are two sides to every story. Let a Mesa 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 Mesa 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. The attorney's job requires they do everything possible under the law to protect your rights, freedom, and future. Their 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.

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

Continue reading "Lawyer Defending Mesa Assaults " »

June 23, 2010

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).

Continue reading "Gilbert Assault Lawyer " »

June 8, 2010

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.

Continue reading "Phoenix Assault Lawyer Phoenix Assault Charge Attorneys Fight Your Assault Charges " »

May 28, 2010

ARIZONA FELONY AGGRAVATED ASSAULT
Aggravated assaults are far more serious than misdemeanor or simple assaults. There are several circumstances that can elevate an assault to the "aggravated" assault. Facing charges as serious as this can impact the rest of your life. With potential lengthy prison sentence, you want to be sure you have an Arizona Criminal Defense Attorney who is experienced at Defending Felony Aggravated Assault charges:

Under Arizona law a person can be charged with felony aggravated assault if they commit Assault under any of the following circumstances:

• If the person causes serious physical injury to another. A "serious physical injury" is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the person uses a deadly weapon or dangerous instrument. A "deadly weapon" is anything designed for lethal use, including a firearm. A "dangerous instrument" is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part. A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.

• If the person commits the assault while the victim is physically restrained or while the victim cannot resist. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault after entering another person's private home with intent to commit the assault. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is eighteen years of age or older and the victim is fifteen years of age or younger. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault while violating a valid order of protection. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

• If the person takes or attempts to gain control of a police officer's firearm or other weapon or implement. An "implement" is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs. If the object is the officer's firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the object is the officer's weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. If the object is the officer's other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned. A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

To provide an immediate felony aggravated assault defense to avoid a harsh sentencing that a felony assaults charge carries with conviction, contact an experienced Phoenix Criminal Defense Attorney or Arizona Assault Defense Lawyer as soon as possible. The rest of your life and future are at stake.

Continue reading "ARIZONA ASSAULT LAWYER" »

May 27, 2010

Arizona misdemeanor assault, sometimes referred to as "simple assault" 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. If you have been charged with any type of assault, including misdemeanor assault you should consult an Arizona criminal Defense Attorney as soon as possible to regarding your assault charges and a defense.

There are three types of misdemeanor Assault under Arizona law, with increasing levels of severity:

• If you have been charged under A.R.S. § 13-1203(A)(3), in order to obtain a conviction, the State must prove that you knowingly touched another person with the intent to injure, insult, or provoke that person. A conviction under this subsection is a class 3 misdemeanor, and can result in a sentence of up to 30 days in jail.

• If you have been charged under A.R.S. § 13-1203(A)(2), in order to obtain a conviction, the State must prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. A conviction under this subsection is a class 2 misdemeanor, and can result in a sentence of up to 4 months in jail.

• If you have been charged under A.R.S. § 13-1203(A)(1), in order to obtain a conviction, the State must prove that you intentionally, knowingly, or recklessly caused physical injury to another person. A conviction under this subsection is a class 2 misdemeanor if you recklessly caused the injury, resulting in a potential sentence of up to 4 months in jail. If the State proves that you intentionally or knowingly caused the injury, the conviction is a class 1 misdemeanor, resulting in a potential sentence of up to 6 months in jail.

If the defense is not carefully and strategically prepared, all the evidence the court will have to consider is the victim's side of the story. In that event, you could find yourself on the receiving end of the maximum penalty allowed under law for the type of misdemeanor assault, with which you were charged. To provide an immediate assault defense to avoid a harsh sentence that go along with an assault crime conviction, Contact Phoenix Assault Charge Defense Attorney as soon as possible.

Continue reading "Phoenix Arizona Misdemeanor Assault Conviction " »

May 26, 2010

ARIZONA ASSAULT CLASSIFICATIONS
In Arizona, there are two specific categories of assault. The first is an Arizona misdemeanor "assault," and the second is an Arizona felony "aggravated assault." Each assault crime exposes you to different levels of punishment. If you have been charged with Assault or Aggravated Assault, it is important that you consult with an experienced criminal defense attorney immediately about defending your assault charges.

Arizona Assault, Aggravated Assault Crimes Laws

Arizona Assault: A.R.S. § 13-1203:
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

Arizona Aggravated Assault: A.R.S. § 13-1204:
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
(Cited in Part)

Continue reading "ASSAULT CHARGES IN ARIZONA " »

April 25, 2010

Phoenix Lawyer for Arizona Assault Laws and Aggravated Assault Criminal Charges

In Arizona, there are two specific categories of Arizona assault laws. The first is an Arizona misdemeanor "assault" laws and the second is an Arizona felony "aggravated assault" laws. Each assault crime exposes you to different levels of punishment. If you have been charged with Assault or Aggravated Assault, it is important that you consult with an experienced criminal defense attorney immediately about defending your Arizona assault laws criminal charges.

Arizona Assault Laws, Aggravated Assault Crimes

Arizona Assault: A.R.S. § 13-1203: classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

Arizona Aggravated Assault: A.R.S. § 13-1204: classification
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
(Cited in Part)

Continue reading "ARIZONA ASSAULT LAWS " »

April 15, 2010

ARIZONA CRIMINAL LAWS - DEFINITIONS AND CLASSIFICATIONS

Some do not realize that threatening or intimidating another person (s) falls withinArizona State Law as a criminal charge of Assault. If convicted of such assault charges you can expect serious penalties under Arizona Criminal Law. If charged It is important that you consult an Arizona criminal lawyer experienced in defending Arizona Assault charges to defend your case.

Threatening or Intimidating ARS 13-1202

A person commits threatening or intimidating if the person threatens or intimidates by word or conduct to cause physical injury to another person or serious damage to the property of another. Communicating threats also falls under the heading of assault. If you threaten bodily harm to another person or threaten their property, you may be charged with a class 1 misdemeanor. If the 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.

13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
2. The person is a criminal street gang member.
C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Any experienced Arizona Criminal Defense Attorney well versed in handling Assault Cases will advise you such laws if violated can result in serious criminal charges which should not be taken lightly. And you should consider retention of an Arizona Criminal Lawyer in such event.

Continue reading "ARIZONA ASSAULT - THREATENING OR INTIMIDATING" »

April 14, 2010

Aggravated Assault Arizona ARS 13-1204

An Arizona Aggravated Assault is an extremely serious charge with extremely serious consequences if convicted. If charged, it is important that you are defended by an Arizona Criminal Lawyer well versed and experienced in handling aggravated assaults. In general, Assault is generally characterized as the act of putting someone in fear of harm by threat of force or actual force, physically harming the person or simply touching the person with the intent to cause harm or injury to that person. When an assault crime elevates to an "aggravated assault" level, it usually involves the use of a deadly or dangerous weapon. A deadly weapon doesn't have to be a gun or other firearm. A deadly weapon can be things like a baseball bat, pipe, hammer, kitchen knife, sharp glass or other similar object.

Arizona Criminal Law includes many factors that elevate a physical assault to an aggravated assault, including but not limited to:

• Serious physical injury to another resulting from the assault
• Use of a deadly weapon during the assault
• Entering a private home for the purpose of committing the assault
• Assault by an adult against a child aged 15 or younger
• Assault knowingly committed against a peace officer

Aggravated assaults
are far more serious than simple assaults. There are several circumstances that can elevate an assault to the "aggravated" level. An aggravated assault is a felony in Arizona and carries with it the possibility of a lengthy prison sentence.

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 criminal history and the circumstances of the crime will determine where in this range the Arizona 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.

13-1204. Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
(Cited In Part)

A serious offense such as an Arizona aggravated assault requires a strong Arizona Criminal Defense. This is not something you want to go at alone.

Continue reading "ASSAULT - ARIZONA AGGRAVATED ASSAULT" »

April 13, 2010

CRIMINAL LAW RELATING TO MISDEMEANOR ASSAULT IN ARIZONA

Arizona Assault ARS 13-1203


Arizona criminal laws
regarding assault 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 with Assault in Arizona you should immediately contact an experienced Arizona Criminal Defense Attorney. These are serious charges. Even a conviction of a misdemeanor assault can result in sentences that include jail, fines, community service, counseling, or other penalties.

There are three types of Misdemeanor Assault under Arizona Criminal Law, with increasing levels of severity:

If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(3), in order to obtain a conviction, the State must prove that you knowingly touched another person with the intent to injure, insult, or provoke that person. A conviction under this subsection is a class 3 misdemeanor, and can result in a sentence of up to 30 days in jail.

If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(2), in order to obtain a conviction, the State must prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. A conviction under this subsection is a class 2 misdemeanor, and can result in a sentence of up to 4 months in jail.

If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(1), in order to obtain a conviction, the State must prove that you intentionally, knowingly, or recklessly caused physical injury to another person. A conviction under this subsection is a class 2 misdemeanor if you recklessly caused the injury, resulting in a potential sentence of up to 4 months in jail. If the State proves that you intentionally or knowingly caused the injury, the conviction is a class 1 misdemeanor, resulting in a potential sentence of up to 6 months in jail.

13-1203. Assault; classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

If you are charged with an assault in Arizona no matter how serious you should consult a Criminal Defense Attorney in Arizona who is experienced in handling all types of assault charges.

Continue reading "ASSAULT - ARIZONA CRIMINAL DEFENSE" »