Phoenix Assault, Aggravated Assault, Assault Battery Defense Lawyer
In Arizona, there are two specific categories of assault crimes. 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 speak with an experienced defense attorney immediately about your case.
In Arizona many people believe that one time skirmishes like bar fights, shoving matches, or roadside scuffles are minor events. However, in the eyes of Arizona State Law, the police, courts, and prosecutors, they are considered serious criminal violations. Whatever your intention or motivation, if you have been charged with an Arizona assault or Arizona Aggravated Assault the result may include jail or prison, fines, and a criminal record that follows you through life.
James Novak, has a vast amount of experience with Arizona assault case. As a former Arizona Prosecutor he handled and litigated many assault cases. His criminal practice is devoted 100% to handling criminal cases including assault. James Novak will provide a vigorous defense, and educate the prosecution, judge or jury, your side of the story. Many times the police and prosecutor only get the facts from the "victims" point of view. James Novak will examine all evidence, evaluate your history, criminal record, and circumstances surrounding your assault charges, and prepare the best defense strategy to present to the court your assault defense. James Novak will if necessary interview witnesses, and gather evidence surrounding circumstances to build a strong defense. Events that may affect the outcome of your case include issues involving self–defense, reaction to a perceived threat, and one's state of mind. Your story is important and the real story must be understood and told for your defense. 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 crime with which you were charged.
James Novak will examine all possible defenses and exhaust all options available to get a dismissal of your assault charges or in the least, minimize and mitigate the impact of a conviction. Examples of some defense include self–defense, necessity defense, lack of evidence or weapon, or defense of a third person, wrong person.Arizona Assault, Aggravated Assault Crimes Laws
Arizona Assault: A.R.S. S 13–1203: classification
- A person commits assault by:
- Intentionally, knowingly or recklessly causing any physical injury to another person; or
- Another person is in fear of immediate physical harm; or
- Knowingly touching another person with the intent to injure, insult or provoke such person.
- Assault with knowledge or intent commits acts in section A (1), charges are categorized as a Class 1 misdemeanor which is the most serious of misdemeanor charges. Class 1 misdemeanors expose a person to serve up to 6 months maximum in jail, maximum fines of $2500.00, or $20,000.00 for enterprises.
- A person who commits assault recklessly under section A (1) or A (2) is a Class 2 misdemeanor, exposing a person to up to 4 months in jail, $750.00 fines per person, or up to $10,000.00 fines for enterprises.
Arizona Aggravated Assault: A.R.S. S 13–1204: classification
- A person commits Felony assault if a person carries out a misdemeanor assault as described under 13–1203 under any of the following circumstances:
- If the person causes serious physical injury to another.
- If the person uses a deadly weapon or dangerous instrument.
- If the person commits the assault by any with force that results in temporary but considerable disfigurement; loss or loss of use of a body part or function including fracture part.
- 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.
- If the person commits the assault following entry into a private residence, with the intent to carry out a assault.
- If the person is 18 years old or above, and carries our an assault on a child who is fifteen years of age or under.
To provide an immediate assault defense to avoid a harsh sentence that go along with an assault crime conviction, Contact Phoenix Assault Crime Defense Attorney James Novak today to discuss your drug charges and receive your Free consultation at (480) 413–1499.
The Law Office of James Novak proudly serves the greater Phoenix area Valley–wide. His office is located conveniently in Tempe, Arizona right off of US 60 and Rural Road cross streets, Mr. Novak serves criminal cases in municipal and state courts in Phoenix, Tempe, Scottsdale, Gilbert, Chandler, Mesa and the surrounding areas in Maricopa County Arizona. If you need a Phoenix, Arizona criminal defense attorney, please visit this website Contact page and contact him at (480) 413–1499.