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Glendale Aggravated Assault Lawyer

Glendale Aggravated Assault LawyerHave you been charged with aggravated assault in Glendale, AZ? A simple fight, disagreement, or dispute might have devolved into serious felony charges. You deserve an experienced Glendale aggravated assault lawyer prepared to fight for your freedom. 

Orent Law Offices has represented residents of Maricopa County facing violent criminal charges for more than 33 years. Contact our experienced lawyers for a free case review.

How Orent Law Offices Can Help if You’re Arrested for Aggravated Assault in Glendale, AZ

The criminal justice system can be intimidating, especially when you are facing serious felony assault charges. You deserve an elite Glendale criminal defense lawyer with the experience and insight you need for the strongest defense possible.

Our founding attorney Craig Orent is a Certified Criminal Law Specialist and a Top 100 Trial Lawyer. He has more than three decades of experience successfully defending clients in Glendale, Arizona, against life-changing felony aggravated assault. 

Choose Orent Law Offices to represent you, and we will:

  • Investigate your case to determine if your rights were violated during your arrest 
  • Listen to your legal issues and help you build a strong defense
  • Offer sound legal advice and guidance at every stage of your case
  • Dispute the validity of evidence, police procedure, and forensics
  • Discredit witness testimony by addressing any motives for false allegations or inconsistencies
  • Fight for a dismissal or reduction of the charge against you
  • Seek a fair plea deal with the prosecutor
  • Present a strong case in court to seek an acquittal
  • If the prosecution has a strong case, seek the minimum sentence possible such as probation 

You are innocent until proven guilty. At Orent Law Offices, we will make it as hard as possible for the prosecution to meet the burden of proof they face. Contact our law group today for a free case review with a Glendale criminal defense attorney to get started on your case.

What Is Aggravated Assault in Arizona?

Assault and aggravated assault account for most violent crime in Arizona. In 2017, aggravated assault accounted for 8.5% of crime in the state and 63% of the violent crime. Do not assume the crime of aggravated assault is not serious. It is a felony violent crime.

Some states group assault and battery together. Under Arizona law, assault is defined as knowingly, recklessly, or intentionally causing another injury. It may also be defined as touching someone (without injury) with the intent to provoke them. It can even be defined as acting in a way that places someone else in reasonable fear of imminent harm. 

This means you can face an assault charge without actually touching someone or causing physical harm. There are several forms of assault under Arizona law. Simple assault is a misdemeanor. Aggravated assault is a more serious type of assault that is charged as a felony.

Aggravated Assault in Glendale, AZ

Under ARS § 13-1204, aggravated assault is defined as an assault that is aggravated when certain factors are present during the assault. This includes the weapon used, the injury caused, the victim’s home, and the victim’s status.

Assault becomes aggravated in any of the following circumstances:

  • Serious injury
  • Use of a deadly weapon like a knife or gun, dangerous instrument, or a simulated deadly weapon
  • Temporary but significant disfigurement or the loss or impairment of a body part or organ
  • Fracture
  • The assailant was at least 18, and the victim was under 15
  • Assault committed against a bound or physically restrained victim
  • Assault committed after entering a private home to commit assault
  • Assault committed by someone with an order of protection against them which caused injury or involving touching with intent to provoke
  • Assault that occurred while under custody or imprisoned

There are also several protected categories of people. Assault committed by someone who had reason to know the victim was a member of a protected category can constitute aggravated assault.

The protected persons are:

  • First responders such as EMTs and firefighters
  • Peace officers
  • Teachers on school grounds, near the school, on a vehicle used for school purposes, or where an organized classroom activity is occurring
  • Licensed healthcare providers engaged in professional duties
  • Judicial officers, including public defenders and prosecutors engaged in professional duties
  • Code enforcement officers engaged in professional duties
  • State and municipal park rangers performing a professional duty or on the job 

It can be easy for assault charges to result from many circumstances, including heated disagreements and fights in which both parties are mutual aggressors. While even a misdemeanor assault charge can be serious, criminal charges for felony aggravated assault are far more serious.

Domestic Violence and Aggravated Assault in Arizona

Aggravated assault is already a felony, but the penalties can be enhanced if the crime is considered domestic violence. Aggravated assault cases can fall under Arizona’s domestic violence statute depending on the relationship between both parties.

Arizona created a new form of aggravated assault in 2010 to address domestic violence. Under ARS § 13-3601, aggravated assault becomes a Class 4 felony and a Domestic Violence Offense if it involves suffocation or strangulation, common domestic violence acts, and a victim protected by Arizona domestic violence laws.

Aggravated domestic violence can also be charged for someone convicted of a third or subsequent domestic violence offense within 84 months. This is a Class 5 felony.

Domestic violence refers to any assault or aggravated assault offense (and other types of violent crimes) against a current or former spouse or dating partner. It can also refer to other relationships such as roommates, people who have a child or are expecting a child together, parents, grandparents, stepchildren, children, and siblings.

Note that domestic violence isn’t a separate crime. Instead, it’s a classification that can be added to a criminal charge. Criminal cases classified as domestic violence come with enhanced penalties.

What Are the Penalties for Aggravated Assault in Glendale, Arizona?

The penalties for aggravated assault in Glendale depend on the circumstances of the offense. However, the penalties are harsher than simple assault because aggravated assault is a felony. It may also be classified as a “Dangerous Offense” or “Domestic Violence,” both of which come with sentence enhancements.

In most cases, aggravated assault is a Class 3 felony. It may rise to a Class 2 felony, such as if the assault was against a victim under 15. Class 2 felonies are only one step below homicide – the most serious felony charge. In some cases, aggravated assault is a Class 4, Class 5, or Class 6 felony. 

The prison sentence for aggravated assault can range from one to 35 years in prison, depending on criminal history and felony class.

If a person causes serious injury or uses a deadly weapon in the assault, the charge becomes aggravated assault with a deadly weapon. This charge is a Dangerous Offense in Arizona. Even without any prior criminal history, you must serve a prison sentence for a Dangerous Offense with no possibility of probation.

The crime may be classified as a Dangerous Crime Against Children (DCAC) offense if it involves a child under 15 and causes serious injury or involves a deadly weapon or instrument. In this case, probation is not possible.

If aggravated assault is classified as domestic violence, you may face additional penalties. This includes the loss of your right to own a firearm and a protective order against you.

Prior felony convictions also increase the penalties for aggravated assault.

The following are potential prison sentences you may face for aggravated assault:

  • Aggravated assault involving serious injury to an officer or prosecutor or the use of a deadly weapon against either is a Class 2 felony and Dangerous Offense. You face 7 to 21 years in prison with a presumptive sentence of 10.5 years.
  • Intentional or knowing aggravated assault on a peace officer has a minimum sentence of 10.5 years.
  • Aggravated assault classified as a Dangerous Crime Against Children has a presumptive term of 17 years. You face 10 to 24 years in prison.
  • A Class 3 aggravated assault may be charged if a person uses a deadly weapon or instrument or causes the victim serious injury. It is classified as a Dangerous Offense. This carries a sentence of 5 to 15 years with a presumptive term of 7.5 years.
  • A Class 3 aggravated assault is a Dangerous Offense if it results in temporary but serious injury to an officer or uses a simulated deadly weapon. You may be sentenced to probation or up to 1 year in jail. If prison is sentenced, there is a presumptive term of 3.5 years.
  • Class 4 aggravated assault involves strangulation or suffocation in a domestic violence case, any police officer injury, or temporary and substantial injury. This may be punishable by probation, up to one year in jail, or a presumptive prison term of 2.5 years.
  • Class 5 aggravated assault is charged if the victim was a police officer without injury or a prosecutor with any injury. It may be punishable with probation, up to one year in jail, or a presumptive prison term of 1.5 years.
  • A Class 6 aggravated assault is the least serious. It is charged when the victim is a protected class without serious injury. It can be punishable with probation, up to 1 year in jail, or up to 1 year in prison.

These penalties become more serious if you have one or more prior convictions for dangerous felonies. Aggravated assault can carry some of  the harshest penalties of all criminal offenses in Arizona. It’s crucial to consult with experienced Glendale aggravated assault attorneys as soon as possible.

What Defenses Can Be Raised if I’m Accused of Aggravated Assault?

When you are charged with aggravated assault, the prosecutor has the burden of proving you committed all elements of the crime beyond a reasonable doubt. An experienced aggravated assault attorney in Glendale will help you build the strongest defense possible to make it harder for the state to prove its case. 

Possible defenses to aggravated assault include:

  • Lack of intent. Carelessness or simple negligence is not enough to be criminally liable for assault.
  • The victim was not a protected classification. Your defense may be based on the fact that you had no reason to know the victim was a protected class.
  • Mistaken identity.
  • False allegations.
  • Self-defense or the defense of others. You have the right to use reasonable force to protect yourself and others. However, the force must be reasonable in self-defense.

We will also investigate whether your rights were violated. If you were the victim of illegal search and seizure, coerced into making incriminating statements, or not read your Miranda rights, we will fight to have evidence suppressed. Contact our glendale assault lawyers today.

Schedule a Free Case Evaluation with Our Glendale Aggravated Assault Lawyer

You do not have to face a serious aggravated assault charge alone. Contact Orent Law Offices today for a free case review with a Glendale aggravated assault lawyer ready to give you the vigorous legal representation you deserve.

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