Aggravated Assault

Tempe prosecutors aggressively pursue charges against those who have injured others. The charges against you are particularly likely to be serious if the prosecutor believes your violence resulted in serious physical injuries to another. They are also likely to be harsh if you’re accused of perpetrating violence against those who work in certain fields such as law enforcement. If you are concerned with defenses to aggravated assault charges, you should call our seasoned Tempe assault lawyers. James E. Novak uses insights gleaned from his prior career as a prosecutor to build strong strategies for the defense of the accused.

Under Arizona Revised Statute section 13-1203, you can be convicted of assault when you’ve touched someone in a harmful way. One way a prosecutor can prove the state’s case is if it can show beyond a reasonable doubt: (1) you intentionally, recklessly, or knowingly, (2) physically injured another. A prosecutor can also establish its case if it can prove beyond a reasonable doubt: (1) you knowingly, (2) touched someone else with intent to insult, provoke, or injure him. You could also be convicted if you place another in fear of immediate physical injury. Aggravated assault, however, may be charged when your simple assault of another person results in serious physical injury.

Different circumstances can result in these extremely serious charges. You could be convicted if you assault someone using force that results in substantial disfigurement or impairment that is temporary. You can also be convicted if you used a dangerous instrument or deadly weapon to perpetrate assault. A prosecutor may pursue aggravated assault charges if you are at least 18 years old and the victim is under age 15. You could face aggravated assault charges if the victim was a peace officer, constable, firefighter, or paramedic among other professions.

If you’ve been accused of aggravated assault, it is important that you consult a lawyer who understands how prosecutors think. The appropriate defense depends on the situation. It may be appropriate to raise reasonable doubt about one or more elements of the charge. There are situations in which it might work to raise reasonable doubt about the element that elevates the charge as “aggravated.” That way we may be able to secure a plea deal for the lesser offense of assault.

However, there are also situations in which it is possible to negate an element of the assault charge altogether. For instance, if you were charged with aggravated assault for recklessly causing another’s serious bodily injuries, but we can raise reasonable doubt about whether your actions were “reckless,” as the law defines that term, we may be able to defeat the charge.

Self-defense is commonly asserted in situations where someone has used proportionate force to defend against violence directed at himself or herself. For instance, if somebody was mugging you at gunpoint and you kicked him hard in the ribs and you’re then charged with aggravated assault, we may be able to raise self-defense.

Defense of others can also be a sound defense, depending on the circumstances. As with self-defense, you must have used proportionate force in defending another person in order to receive the protection of this defense. For instance, if you used a knife and cut somebody’s arm because he touched your girlfriend’s arm and you were angry, it is unlikely defense of others would apply because your reaction was out of all proportion to his actions.

If you were charged with aggravated assault in connection with your use of a deadly weapon or dangerous instrument it may be appropriate to raise the defense that the object you used was not deadly or dangerous. If our lawyer was successful on this score, we may be able to secure a plea deal for simple assault; with a first offense, we may be able to persuade the prosecutor you are a good candidate for a diversionary program rather than incarceration.

Every situation is different. The best defense for aggravated assault depends on the specific situation you face, which is why it is important to consult experienced Tempe violent crimes lawyer James E. Novak. He develops the strongest available strategies for those accused of aggravated assault in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at undefined or complete our online form.