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Aggravated and Simple Assault Charges
Simple assault, ARS Sec. 13-1204, in Arizona is a Class 1 or Class 2 Misdemeanor, punishable by up to six months in jail, three years probation and a fine including surcharges over $5000. Possibly even including restitution to the victim. A simple assault on Law Enforcement, a Minor, Medical Personnel performing their job or a detention officer performing their job, turns this into a felony, simply because of their enumerated status.
This includes an offensive touching of another, causing physical injury to another, either intentionally (CL1), knowingly (CL 1) or recklessly (CL2). A conviction on any one of these with a Domestic Violence/DV label will result in your gun rights (2nd Amendment Right to Bare Arms) being revoked under Federal and State law. Even the sealing of your conviction will not restore your gun rights at the Federal level.
Aggravated assault is a felony in Arizona and may mandate prison time, if labeled a Dangerous Offense. A dangerous offense is defined under ARS Sec. 13-105 as an offense involving a discharge, use, or threatening exhibition of a deadly weapon, or dangerous instrument, or the intentional, or knowing inflection of serious physical injury on another person. This could involve a vehicle accident, where your automobile is considered a dangerous instrument. This could also be a situation involving a fist fight, and one of the parties sustained a serious physical injury.
This is a serious offense. If convicted of any Dangerous Offense, YOU GO TO PRISON!
We at Chuck Franklin Law represent adults, college students and minors/juveniles charged with aggravated assault in Arizona. My experience with dangerous crimes defense means that I understand that you may be facing severe penalties. After investigating the case and examining the evidence, I will discuss your options with you. If you believe a plea agreement is best, I will pursue one. However, if your best interests are served by taking the case to trial, I will do so.
You Will Be Charged With A Felony
You can be charged with aggravated assault for numerous reasons. A few of the most common reasons include:
- Causing serious physical injury or temporary disfigurement
- Using a deadly weapon or dangerous instrument, including motor vehicles
- Committing assault after entering the private home of another person with intent to assault
- An adult assaulting a minor under age 15
- Assaulting a law enforcement officer, prosecutor, firefighter, teacher or health care worker when doing their job
- Committing assault in violation of an order of protection
In some cases, self defense is a valid defense to an assault charge. In others, errors in police procedure, including a violation of your Miranda rights, may allow us to argue for the suppression of evidence. When possible, I seek to reduce or dismiss charges. If that is not possible, I will work hard to minimize the penalties or proceed to trial.
I also represent people charged with crimes involving simple assault, bar fights, street fights, domestic violence, aggravated domestic violence, aggravated DUI/DWI and aggravated assault with a motor vehicle.
Experienced Aggravated Assault Lawyers
Our team of Aggravated Assault Lawyers have been practicing Criminal Defense Law locally in the Phoenix Area since 1987. Fighting Aggravated Assault and other Violent Crime charges requires an experienced team of criminal defense lawyers. Don’t leave your charges in inexperienced hands, chose the experienced team who have been defending the rights of Arizona’s citizens for over 30 years.
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