Gilbert Assault & Aggravated Assault Lawyer

Charges of assault and aggravated assault come with serious penalties upon conviction. If you or someone you care about are facing any kind of assault charge, let the team at AZ Defenders get to work on your behalf. Our Gilbert assault attorneys have the resources and experience you need to fully investigate your case and build a quality defense on your behalf.

Why Do You Need an Attorney From AZ Defenders?

When you are facing an assault charge in Gilbert, you need to turn to an attorney with extensive experience in criminal defense cases. AZ Defenders is here for you.

• You can count on having an aggressive defense team by your side. We do have no problem taking a case to trial to defend your rights.
• Every client gets personalized attention for their case. We will never put you on the backburner because we know how much is at stake.
• Our legal team brings over 20 years of combined legal experience to every case that we take on.

What Are Different Types of Assault In Arizona?

There are two types of assault charges that a person can face in Arizona, both of which can lead to serious penalties for the accused.

Simple Assault (A.R.S. 13-1203) is charged as a misdemeanor offense. Under state law, these charges are applied if:

• Someone put another person in fear of bodily harm
• Another person is touched in any way with the intention to cause physical injuries
• Someone causes actual physical harm to another person

Aggravated Assault (A.R.S. 13-1204) charges are more serious and can range from Class 2 to Class 6 felony charges. These charges are appropriate under the following conditions:

• A serious physical injury was caused
• The assault involved a deadly weapon
• The victim of the assault was physically restrained
• The victim sustained temporary but significant disfigurement or fracture
• The assault occurred after entering a person’s private residence
• The victim was a police officer, prison guard, medical professional, firefighter, teacher, or other protected victim according to the law

Depending on the facts of the case, a person charged with assault could face prison time ranging from 18 months to 21 years as well as fines of up to $150,000.

What Penalties Could You Face for an Assault or Aggravated Assault Charge?

If you are convicted of assault or aggravated assault, you could face a variety of penalties that can make your life harder now and in the future. You could receive a jail or prison sentence, for example, as well as have to pay a hefty fine. You could also be subject to probation and community service. The potential penalties will depend on the charge and your circumstances. Examples include:

• Assault touching with intent to injure or provoke: class 3 misdemeanor. Up to 30 days in jail and a fine of up to $300.
• Assault involving threat of injury: class 2 misdemeanor. Up to four months in jail and a fine of up to $750.
• Assault involving bodily injury: class 1 misdemeanor. Up to six months in jail and a fine of up to $2,500.
• Misdemeanor assault upgrade: class 6 felony. Probation with no jail up to two years in jail.
• Aggravated assault causing temporary but substantial disfigurement: class 4 felony. Probation with no jail time up to 3.75 years in jail.
• Aggravated assault resulting in serious physical injury: class 3 felony. Probation with no jail time up to 8.75 years in prison.
• Aggravated assault using a deadly weapon or dangerous instrument: class 3 felony. A minimum of 5 years and a maximum of 15 years in prison.
• Intentional aggravated assault on a peace officer or victim under the age of 15: class 2 felony. Prison time of 10.5 to 21 years for a first offense.

If you have a prior assault or dangerous offense conviction, you can generally expect to receive a sentence that is typically used for an offense that is one degree more serious than yours. For example, with a prior conviction, the punishment for class 2 aggravated assault in Arizona can be increased to up to 35 years of incarceration.

Consequences of Felony Assault in Arizona

Even after you have served your sentence for felony aggravated assault in Arizona, the consequences of this conviction can follow you for life. A felony on your criminal record can have a variety of long-term ramifications, including:

• The loss of your voting rights
• The loss of the right to bear arms
• Inability to sit on a jury
• Inability to hold public office
• Inability to join the U.S. Armed Forces
• Ineligibility for a commercial driver’s license
• Ineligibility for certain professional licenses
• Difficulty finding employment or housing 
• Family law and child custody consequences
• Restrictions on where you can travel
• More severe penalties for new charges in the future

Having your assault record expunged in Arizona could alleviate some of the burden of a felony conviction. However, only certain individuals are eligible to have felony crimes expunged or set aside. The best way to protect your future is by hiring a skilled defense attorney from the very beginning of your case.

How Does a Gilbert Assault Attorney Help?

Charges of assault and aggravated assault in Arizona require help from a skilled attorney. It is the job of your Gilbert criminal defense lawyer to investigate your case and formulate the best defense strategy based on the facts.

If you are not sure whether you need an attorney, consider the benefits of hiring one. An assault defense lawyer can strengthen your case in many ways, including:

• Explaining your legal rights and the charges against you.
• Investigating the incident and getting as many details about the case as possible.
• Exploring the potential strengths and weaknesses of your case.
• Analyzing the evidence that the prosecution has against you.
• Negotiating with the prosecutor or district attorney on your behalf.
• Coming to a satisfactory plea agreement, if this is in your best interests.
• Representing you during a criminal trial to fight for acquittal.
• Helping you in the future, such as by filing an appeal or seeking record expungement.

Your lawyer will have in-depth knowledge of the criminal justice system and how to navigate court procedures on your behalf. Your lawyer can take advantage of any inconsistencies or loopholes in the law that could work in your favor during your assault case. Hiring an attorney gives you the best odds of securing a positive case outcome if you’ve been accused of assault or aggravated assault in Phoenix.

Defenses to Assault Charges in Gilbert

The strength of your defense strategy can make or break your case as a criminal defendant. Having a strong, personalized defense strategy in place can give you greater peace of mind during this difficult and stressful time. At AZ Defenders, we take the time to customize our legal services for each client and case. We will explore all potential defense options for your assault or aggravated assault charge.

This could include showing that:

• You had no intention of committing the assault (particularly aggravated assault)
• The police did not follow proper procedure in your arrest
• You were defending yourself or your property
• Nobody was actually harmed by your actions
• You did not actually commit a crime at all
• The wrong individual has been arrested (mistake of identity/alibi)
• The prosecution does not have sufficient evidence for a conviction
• You were coerced or forced into committing the offense

Discuss the best possible defense for your assault case with one of our attorneys during a free consultation. We will analyze your case and use all of the resources at our disposal to craft your defense. Our criminal defense attorneys do not simply encourage all of our clients to accept plea deals – we will give you the advice and representation best suited to protect your future if you are facing assault charges.

What to Do if You’ve Been Arrested for Assault or Aggravated Assault

If the police arrest or detain you for an alleged assault or aggravated assault crime, try to stay calm and use your right to remain silent. The best way to protect yourself is not to say anything to the police until you have a criminal defense attorney present. Many defendants accidentally incriminate themselves by saying the wrong thing during an arrest or police interrogation. 

The only question you legally have to answer is to give your name. Otherwise, remain silent and contact a defense attorney right away. Do not resist arrest or fight with the officer. This could lead to further charges against you, even if the original assault charge was unfounded and you are innocent. Contact an attorney without delay to help you fight the assault charges the correct way.  

Do not attempt to contact the alleged victim. Even if you think it is just a misunderstanding, contacting the victim could lead to further evidence against you. Call AZ Defenders without delay to have an attorney by your side early on in your case. Your attorney can attend interviews with you to protect your rights, as well as go to pretrial conferences and preliminary hearings for you.

Let Our Legal Team Get to Work On Your Behalf

If you or someone you know has been charged with assault in Gilbert, you do not have to stand alone against the criminal justice system. The team at AZ Defenders is ready to provide a vigorous in your case. Our knowledgeable and experienced team will investigate every aspect of your charges, leaving no stone unturned. We believe everyone has the right to a fair hearing of their case. Let our Gilbert and Phoenix assault attorneys get to work on your behalf today. You can contact us for a free consultation of your case by clicking here or calling (480) 456-6400.