State v. Almeida arose when the defendant was driving a car carrying his four-year-old son and fiancée. The victim was driving by himself. The defendant made a turn that cut off the victim, who hit the brakes. According to the testimony of the defendant’s fiancée, the victim responded by honking and tailgating them. She also said that the victim waved a gun. In the moment, she told the defendant about the victim’s gun.

When the cars pulled up to a stoplight, the defendant got out and stood next to the car with his own gun. The light changed to green, and the defendant got in his car and kept driving. Instead of letting it go, the victim gave chase, running two red lights.

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The victim called 911, and the dispatcher told him to stop chasing, but the victim continued for a while. The dispatcher then sent a police officer to meet the victim in a nearby shopping center. The victim went to the wrong place in the center but eventually met up with the officer. The officer searched the victim’s car and didn’t find a weapon. The victim claimed he never had one.

The defendant was arrested and put on trial. The trial court gave instructions on self-defense, defense of others, and defensive display of firearms. The trial court refused to give the defendant’s requested instruction on A.R.S. § 13-411, the crime prevention justification, on the grounds that there was no evidence to support it. The defendant was convicted and sentenced.

On appeal, the defendant argued that the judge should have given the jury instruction he requested on A.R.S. § 13-411.The state argued that the meat of the instruction was already covered by other instructions, so it didn’t matter that the trial court denied the request.

The instruction requested would have told the jury that his threat of deadly physical force was justified if he reasonably believed it was necessary to to stop an imminent aggravated assault. More importantly, the instruction also would have told the jury that a defendant is presumed to have acted reasonably if he is acting to stop what he reasonably thinks is imminent aggravated assault (or one of the other listed crimes).

The appellate court explained that a defendant is entitled to a jury instruction as long as it was on a theory supported by some small amount of proof. The court found that looking at the evidence that supported the defendant’s version of events, a rational jury could decide the victim acted as an aggressor. In this case, the defendant might reasonably have believed he needed to display the gun, while he was in the “zone of danger” in order to stop an aggravated assault.

The appellate court further explained that it didn’t matter if a jury might not find the defendant’s evidence believable. When deciding whether to give a jury instruction requested by the defendant, the trial court must look at evidence in the light that supports the defendant.

The appellate court also explained that the state was wrong that the requested crime prevention instruction was substantively covered by the self-defense and defense of third-person instructions. The crime prevention justification lets a jury know that a defendant is presumed to be acting reasonably in acting to stop an imminent aggravated assault. The state has the burden of proving the lack of justification. If the state fails to prove the defendant was unreasonable, the defendant must be acquitted. In this case, if the crime prevention instruction was given, it would have let the jury know about the presumption in favor of the defendant.

The appellate court reversed the conviction and sentence. Because of the presumption that the defendant acted reasonably and the burden on the state to prove otherwise, the crime prevention justification is an important one for defendants. However, a petition for review was filed to the Arizona Supreme Court, so this issue may still be in flux.

If you are charged with aggravated assault, the penalties are severe. It is important to retain an experienced criminal defense attorney who understands the nuances of all possible defenses. James Novak provides a free consultation for active criminal charges and serves Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale, Arizona. Call today for a confidential and free consultation at (480) 413-1499.

Additional Resources A.R.S. § 13-411 (Crime Prevention justification)

A.R.S § 13-1204 (Aggravated assault)

A.R.S. § 13-404 (Self defense justification)

Requirements and Exceptions to Lawful Search Warrants in Arizona Other Articles of Interest Violations of “Search and Seizure” Laws: How they Impact Prosecution, July 23, 2013

U.S. Supreme Court Rules No Warrant Needed To Collect DNA If Arrested, June 9, 2013

Yes, You Have Constitutional Rights At An Arizona Checkpoint, July 5, 2014

According to the facts discussed in the recently decided appellate opinion, the defendant was charged with aggravated assault, endangerment, disorderly conduct with a weapon, and misconduct involving weapons after an incident in June 2021 when he allegedly fired shots inside a crowded bar, injuring two patrons. The defendant was convicted after a seven-day jury trial. Despite raising several issues in his appellate brief, the court, after careful review, found no error in the proceedings.

Forensic Testing:

The defendant argued that insufficient forensic testing and a potential misidentification warranted a reversal of his conviction. However, the court emphasized the sufficiency of evidence presented during the trial, including eyewitness accounts and video surveillance, corroborating the bouncers’ testimony.

Credibility of Witnesses:

The defendant challenged the credibility of various witnesses, a common tactic in appeals. However, the court reiterated that witness credibility is a matter for the jury to decide during trial, and the defendant had the opportunity to impeach witnesses during proceedings.

Impartial Jury:

The defendant claimed bias due to the absence of African-American jurors, but the court clarified that defendants don’t have a right to a racially composed jury. Furthermore, the defendant’s argument about jurors’ beliefs on defendants testifying was debunked by a review of juror questionnaires and voir dire transcripts.

Double Jeopardy:

The defendant asserted that using his prior felony conviction as a sentence aggravator violated double jeopardy. However, the court referenced Arizona precedent, affirming that such use was permissible and that the defendant’s sentences were influenced by multiple factors found by the jury.

The defendant’s case underscores the challenges defendants face when appealing criminal convictions. The court’s thorough examination of each issue raised by the defendant highlights the complexity of the appellate process and the high burden of proving reversible error. While the legal system allows for appeals, successfully challenging a conviction demands a meticulous and compelling legal strategy. If you’re facing criminal charges, seeking experienced legal counsel before trial is crucial to avoid the need of a costly appeal.

Are You Facing Criminal Charges in Arizona?

If you or someone you know is facing criminal charges in Arizona, it is important to retain a qualified phoenix criminal defense attorney to get a fair shot at fighting the charges against you. The dedicated Arizona criminal defense attorneys at the Law Office of James E. Novak are experienced in handling many types of criminal charges, including violent crimes and felonies, and with our assistance, you can be confident you’ll have the best chances of reaching a desired result, whether that’s a favorable plea agreement, a dismissal, or a verdict of not guilty. To schedule a complimentary consultation to discuss your case, call 480-413-1499.

Facts of the Case

According to the opinion, the defendant was originally charged after his three-year-old daughter was killed in 2015. When the daughter originally came to the emergency room for treatment, she had lacerations on her head, infections, a swollen knee, and wounds on her chest. She was also significantly malnourished, and it appeared as though she had been both dehydrated and abused.

The defendant was charged with child abuse, kidnapping, and first-degree felony murder of his daughter. His case went to trial, and a jury unanimously found him guilty. The defendant then promptly appealed.

The Decision

The defendant’s main argument on appeal was that it was unfair for the trial court to keep him from introducing expert testimony at trial. He had hoped to bring in the testimony of a psychologist who would have said that the defendant is significantly mentally disabled, which prohibits him from doing basic things like reading, buying food, and cooking. According to the defendant, this testimony would have shown that he was physically unable to fully protect his daughter.

Reviewing the trial court’s decision to prohibit this testimony, the higher court determined that the defendant’s argument was without merit. The testimony about the disability, said the court, was irrelevant to whether or not the defendant had harmed his daughter. The defendant was not alleging that the disability made him act involuntarily – he was not claiming he had some kind of epileptic fit or unconscious episode that made him hurt the girl. Thus, there was not enough of a connection between the disability and the abuse to find that the trial court had made an error, and the lower court’s judgment should remain in place.

Are You in Need of a Criminal Defense Attorney in Arizona?

At the Law Office of James E. Novak, we stand our ground in the face of tough circumstances because we believe strong legal strategy can make all of the difference when your freedom is on the line. If you or a loved one is facing in Arizona child abuse, the best thing you can do for yourself is call a qualified, aggressive lawyer to make sure you are doing all in your power to fight back. For a free and confidential consultation with our firm, call us today at 480-413-1499. You can also fill out our online form to tell us about your case and have someone reach back out to you as soon as possible.

Facts of the Case

According to the opinion, two neighbors were talking outside of their homes one day when one of the individuals asked the other if he wanted a cigarette. The second individual, the victim in the case, said yes, and the first individual, the defendant, went inside to get the cigarette. The victim approached the defendant’s door and immediately heard yelling from inside the house.

The defendant came to the door, at which point he pulled out what looked like a gun. He pointed it in the victim’s direction and hit him in the head. The victim broke out of the defendant’s headlock and started moving away slowly. Officers arrived at the scene and discovered that the defendant appeared to be under the influence of an unknown substance. They brought him to the police station, and they charged him with two kinds of assault as well as disorderly conduct.

The Decision

The defendant’s case proceeded to trial. During the trial, the defendant tried to present evidence of the victim’s “violent history” to convince the jury that he was acting in self-defense. He stated that he had proof of previous bad acts that the victim had committed, and he thought this evidence would help his case. The trial court denied the defendant’s request to present this evidence, and the defendant was eventually found guilty.

On appeal, the defendant argued he should have been able to introduce evidence regarding the victim’s history. The court, however, saw things differently. According to the rules of criminal procedure, a defendant is very rarely allowed to introduce evidence regarding a victim’s prior bad acts. In addition, the defendant had failed to offer any substantial details about what evidence he wanted to admit, which precluded the trial court from being able to assess whether the evidence should have been able to come in.

With this in mind, the court denied the defendant’s appeal.

Are You Looking for a Criminal Defense Attorney in Arizona?

If you are facing assault charges in Arizona, give us a call at the Law Office of James E. Novak. Our team draws from our extensive experience and brings to each case a strong understanding of all factors that can have a significant effect on the case’s outcome. For a results-driven attorney with your best interests in mind, call us today at 480-413-1499. You can also fill out our online form to set up your free and confidential consultation.

Facts of the Case

According to the opinion, law enforcement received a service call to investigate the defendant’s fifth-wheel trailer in a backyard. A police officer arrived at the scene, knocked on the trailer door, announced that he was from the police department, and ordered the defendant outside to talk.

The officer informed the defendant that he was under arrest. When the officer began putting the defendant in handcuffs, the defendant threw his elbows out, pulled away, and turned on the officer. A fight ensued. At one point, the defendant struck the officer with several solid objects. The officer then drew his pistol and fired a single round into the defendant’s neck.

Additional officers arrived at the scene, and the defendant continued to resist arrest. After a few minutes of this altercation, the defendant became somewhat limp, and the officers were able to handcuff him. The officers searched the defendant and ended up finding methamphetamine on his person. The officer that the defendant had struck was taken to the hospital, where he received a stitch on his forehead and eight staples on his head.

The Decision

The defendant was charged and later found guilty of aggravated assault on a police officer. On appeal, the defendant argued that the lower court should have informed the jury that they could have found that the defendant was acting in self-defense. According to the defendant, he was not convinced that the person knocking on his door was a police officer. Thus, it was reasonable for him to resist arrest. The jury should have been told that this was a real possibility, which might have led them to conclude that the defendant was not guilty, given that he was acting in legitimate self-defense.

The court rejected the defendant’s argument. Importantly, said the court, the officer was dressed in uniform and had clearly identified himself as an officer. There was no evidence that a reasonable person in similar circumstances would have thought that the person arresting him was not a real police officer. Thus, the self-defense instruction was not necessary, and the defendant’s appeal was denied.

Are You Facing Criminal Charges in the State of Arizona?

At the Law Office of James E. Novak, we understand what it takes to successfully litigate a criminal case in Arizona. If you or a loved one is facing criminal charges, the best thing you can do for yourself is to speak with a qualified, aggressive attorney that will take the time to walk you through your options moving forward. To take the first step, call our office for a free and confidential consultation at 480-413-1499.

Facts of the Case

According to the opinion, the defendant in this case was charged with aggravated assault after he approached an acquaintance in the drive-through of a restaurant and punched him in the face. The acquaintance responded by punching the defendant back, which led the defendant to grab a knife, cut the acquaintance’s finger and wrist, and slice through the acquaintance’s shirt.

Eventually, others in the drive-through intervened, and the defendant ran from the scene. The acquaintance himself caught up to the defendant and brought out his own knife, but then put it down before taking any action. Officers came to the scene and the defendant was arrested. The acquaintance went to the hospital and received seven stitches on his finger and one on his wrist.

The Decision

The defendant’s jury trial resulted in a guilty verdict, and the defendant appealed. On appeal, he argued that the trial court did not instruct the jury sufficiently on what exactly they were looking for when making their decision. According to the defendant, there are different types of aggravated assault, and the court only spoke generally about the assault when instructing the jury on what they needed to decide. If jury members had known about the specific types of assault, said the defendant, they might have disagreed on what type of assault the defendant had committed, therefore creating the risk of a non-unanimous jury decision. This, in turn, would have changed the outcome of the entire case.

The higher court acknowledged that the trial court did fail to give specific instructions on the types of assault. The kinds of assault are substantially different – for example, one is defined as intentionally causing any injury and another is defined as touching another person with the intent to injure. Given these differences, it is true that the jury could have reached a different conclusion if they had been sufficiently educated on the definitions of these kinds of assault.

The higher court also concluded, however, that even if the lower court had given the jury information about the specific kinds of assault, the jurists would have found the defendant guilty of at least one of the three variations. Given the nature of the fight between the defendant and his acquaintance, it was clear that the defendant was guilty of some kind of aggravated assault, and even if properly instructed, no reasonable jury would have acquitted the defendant on any of the specific types of assault.

Given this conclusion, the court denied the defendant’s appeal.

Have You Been Charged with Aggravated Assault in Arizona?

If you are facing criminal charges for aggravated assault in the State of Arizona, it is important to know that you have options moving forward. At the Law Office of James E. Novak, we have over a decade of experience in criminal defense and will walk you through the options that make the most sense for your individual case. For a free and confidential consultation, call us at 480-413-1499. You can also send us a message online to have your questions answered.

Profiling evidence and “cold” expert witness testimony is not always admissible. The decision about admissibility is a decision for the court. When making this determination the court will consider the rules of criminal evidence, content, relevance and objectivity of the testimony.

If improper witness testimony is admitted, it can potentially lead to an unfair guilty verdict. Therefore, proper challenges should be made as to the admissibility of planned expert witness testimony.

The Arizona Supreme Court recently ruled on a case in which the state sought to provide the jury with perspectives of why victims often change their stories about the incident that led to the charges. In it, the Court allowed general testimony from a “cold” expert witness, but restricted the testimony to a list of general questions.

The defendant was found guilty of aggravated domestic violence, kidnapping and influencing a witness. On appeal the defense argued that the expert’s testimony shouldn’t have been admitted because it was impermissible profiling evidence

Case Overview

The charges were brought against the defendant after his girlfriend was assaulted.

The victim initially reported that the defendant assaulted her at her hotel, after he found texts on her phone, which led him to believe she was cheating on him.

She stated that he strangled her, and that there was physical evidence to prove it. The defendant was later arrested for the incident.

Soon after the defendant was arrested, the victim wrote two letters in which she retracted her earlier statements that included allegations of assault and domestic violence.

In the letters she stated that her injuries resulted were the result of a bar-fight, not domestic violence. But she indicated that she was unable to recall details of the incident.

The prosecution moved to admit testimony by a doctor who had expertise on domestic violence. The purpose of the expert’s testimony according to the state, was to help the jury understand why the victim had continued her relationship with the defendant, provided contradictory statements after the initial report.

The defendant objected to the proposed testimony arguing that it would not help the jury, and would instead serve as unfair profiling. Following a hearing on the issue, the court decided to allow the doctor’s testimony on a limited basis, by admitting only answers to a list of questions.

At trial the prosecution used incriminating evidence of the defendant’s recorded telephone conversations with the victim. In the phone calls, the defendant apologized to the victim, and gave her a different story to tell the police. He also promised to marry her after his release from custody. In the recordings the victim told him that he should not have tried to kill her. The victim later testified at trial that she didn’t know who beat her up because she had been drinking. She also testified at trial that the defendant acted out of jealousy because she cheated on him.

The expert testified that she hadn’t reviewed any evidence in this particular case, but could provide general information into behavioral tendencies observed in some victims of domestic violence. One question posed to the expert was whether or not it was usual for a victim assaulted by a domestic partner to continue the relationship with the abuser. She replied that it was common, and that there were a number of reasons for this depending on the circumstances of the relationship.

The doctor noted that typically victims continued their relationship with the assailants due to threats, retaliation or fear. She explained that some would stay with the abuser because other family members might pressure them to stay. The doctor also testified that it was common for victims to blame themselves, and change their story about the actual events that took place. The same factors applied in those situations where the victim would later attempt to help the defendant get their criminal charges dismissed.

In final remarks, the prosecution instructed the jury to make no comparison of of the expert’s opinion and the facts of this case, and that the jury was not be bound to the expert’s testimony. The jury was instructed only to give it the weight they believed it deserved.

The jury found the defendant guilty of aggravated assault, aggravated domestic violence, influencing a witness, and kidnapping. The decision was affirmed by the Arizona Appeals Court.

The Arizona Supreme Court agreed to review the case and whether the expert’s testimony served as improper profiling.

The Court explained that profile evidence is submitted to show a defendant has one or more of a group of characteristics that are typically shown by someone engaged in a certain activity. The prosecution is prohibited from providing profile evidence as substantive proof of guilt. Doing so presents a risk of conviction not for the defendant’s own actions but for actions of others.

Expert testimony which explains inconsistencies by the victim is permissible for the purpose of judging the victim’s credibility. In this case, the questions were asked of the expert to help the jury understand the counter intuitive behaviors sometimes observed in victims involved in abusive relationships.

The Arizona Supreme Court explained any prejudice from the doctor’s testimony was slight, and didn’t outweigh its probate value. The evidence revealed some traits about which the doctor had testified. It noted that Arizona courts should consider the prejudicial effect of the testimony as a whole as well as each statement.

The Court advised that significant caution should be used to deciding to admit this type of evidence and admitted only on a limited basis. It affirmed the convictions and sentenc

What is a “Cold” Expert?

A “cold” expert describes a witness that provides testimony on a subject in order to give the jury insight into a particular topic, without applying it to the facts of a case.

Arizona’s Rule of Criminal Evidence 702 allows for testimony by a witness who has expertise that will help the jury understand certain topics in order to serve the purpose of fact finding.

In Arizona v. Salazar- Mercado, 2014, the Arizona Supreme Court decided that testimony of a “cold” expert was permitted in domestic abuse cases.

The Court examined this issue citing State of Arizona v. Haskie Jr., 2017 to clarify that admissibility of “cold expert” testimony should not be automatic. It held that it should only be allowed with analytical support; should be restricted to testimony within the scope witness’s expertise; be unbiased; and apply within the boundaries of Arizona Rules of Criminal Evidence.

What is Criminal Profile Evidence?

Profiling evidence is information or testimony that is offered by an expert witness that points to patterns, characteristics, or behaviors typically observed in offenders who commit certain crimes.

The nature of the evidence may vary. Examples of common profiling evidence include psychological, forensic, or physiological evidence.

Profiling evidence may be provided by psychologists, forensic psychologists, crime scene investigators, or drug enforcement officers, and other law enforcement officers. The expert witness provides information on common behaviors or characteristics observed in an individual that are typical to those displayed by other offenders of a specific type of crime.

The practice of profiling is often used by police and drug enforcement agencies to target drug couriers. The state often seeks to seek to admit the profiling evidence in some fashion with drug crimes, domestic violence, assault, sexual assault, and other violent crimes.

When is Offender Profiling Evidence Admissible?

In Arizona, testimony from an expert may be admitted as long as it is not unfairly prejudicial or misleading. It must also be relevant, and fitting for the purpose it serves.

In this case, the Arizona Supreme Court held that the testimony from the expert was admissible because its purpose was to prove a different element of the charges. That is, the state used the testimony to educate the jury about why victim in abusive relationships sometimes change their testimony or decide not to testify against the defendant.

The Arizona Supreme Court emphasized that careful consideration is needed when considering whether or not to admit cold expert testimony. It advised that even though the testimony was allowed in this case, there was still a risk that it would imply that the defendant was guilty.

The Court held that if the testimony is found to be admissible, the defense can move to restrict jury instructions by explaining the limited reasons for introducing the expert testimony.

In this case the Court cited decades of precedent cases holding that expert profiling testimony cannot be used as a deciding factor to determine a defendant’s guilt or innocence.

It also held that expert that offer general testimony without knowing the facts of the case, are prohibited from generalizing about typical incidents without verifiable backing.

The Court allowed for restrictive testimony based on a list of questions for a cold expert testimony to offer reasons why victims sometimes change their story.

Other holdings in this case included the fact that even if an expert’s testimony has the possible impact of profiling, it should not automatically be inadmissible.

In determining the admissibility of expert testimony court must rely on the Arizona Rules of Criminal Evidence, the context of the testimony, and use exceptional care to make sure it is not inappropriate.

The expert’s profiling testimony must be relevant. If the testimony is relevant, it may still be inadmissible if its bias considerably outweighs the purpose it serves as well as its impact on the entire case.

Decisions in this case may be cited as precedent in Arizona Courts in deciding similar questions in future cases that arise.

Why do I need Criminal Defense for Domestic Violence Charges in Mesa AZ?

Domestic violence charges occur frequent but can involve serious underlying crimes. Under Arizona Law A.R.S. 13 – 3601 Domestic Violence is a charge used to describe a relationship involving two or more persons involved in a dispute that results in a crime. Some offenses the commonly occur in domestic dispute situations include disorderly conduct, assault, aggravated assault, kidnapping, and weapons misconduct.

The mere accusation of domestic abuse, can have serious consequences. Often when police arrive on scene of a domestic violence charge, they get conflicting stories from witnesses or those involved. As a result, they sometimes will arrest both parties even though one of the individuals involved is innocent.

When the City of Mesa AZ police are called on to a domestic violence scene, they will conduct a background check to see if there is a trend of domestic violence calls to the residence. If so, the chances increase that they will make an arrest of one or both of the individuals involved in the dispute.

In any case it is important to retain an experienced domestic violence criminal defense attorney to represent you, make sure your rights are protected and defend your charges.

As an alternative to trial the state may offer diversion programs to help you avoid a conviction or incarceration. If eligible, in the case of domestic violence or assault, Maricopa County may offer you the opportunity to participate in anger management classes as an alternative to prosecuting the charges. When the rehabilitation program is completed successfully, the charges may be dismissed.

If you are not eligible for a rehabilitation program or one is not otherwise available based on the charges, you still have the right to take your case to trial.

A number of defenses may be available to get your charges dismissed or resolved to avoid being convicted of the crime.

For example some people charged with domestic violence coupled with assault charges might have been acting in self-defense due to the imminent threat of physical harm to themselves or a third party who was unable to protect themselves.

Occasionally there are situations in which the victim’s testimony contradicts audio or video recorded facts.

If your rights were violated, or the evidence against you is weak, your criminal defense attorney may file a motion with the court to prohibit the evidence from being used against you.

If favorable evidence or circumstances exist it may support your innocence, or lesson the charges or sentencing.

In order for a person to be convicted of domestic violence or assault, their actions must be intentional. If the victim’s injury was purely the result of an unintended accident, no criminal liability exists.

The defenses that can be used in your case will be based upon the circumstances and evidence surrounding your charges.

An arrest or criminal charges are merely the beginning of the criminal justice process, not a conviction. If you face domestic violence charges you should seek legal representation for your charges as soon as possible.

James Novak of The Law Office of James Novak is a domestic violence defense attorney who represents clients with active domestic violence charges in Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale, Arizona.

If you were arrested for domestic violence contact or call the Law Office of James Novak today for experienced and proactive legal representation (480) 413-1499.

Additional Resources

• A.R.S § 13-3601.02 (Aggravated Domestic Violence)
• A.R.S § 13-2802 (Influencing a Witness)
• A.R.S § 13-1204 (Aggravated, Felony assault)
• A.R.S § 13-404 (Self- defense justification)
• A.R.S § 13-1304 (Kidnapping)
• Maricopa County Adult Probative Domestic Violence Program
• Maricopa County Domestic Violence Resources
• City of Mesa Police – Family Violence Unit
• Arizona Department of Economic Security – Domestic Violence Program
• City of Phoenix Police – Domestic Violence FAQs
• Arizona Rules of Evidence – 105
• Arizona Rules of Evidence – 401
• Arizona Rules of Evidence – 403
• Arizona Rules of Evidence – 703

Additional Articles of Interest

• 4 Deadly Charges that Arise from Domestic Disputes
• What You Should Know about Threats, Guns and Assault Laws
• How to Protect Your Rights in Plea Deals and Deferred Prosecution
• U.S. Supreme Court Rules No Warrant Needed To Collect DNA If Arrested

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

It was reported that the woman threatened to shoot herself and a friend who was still inside the home with another person.

The officer allegedly believed that the woman was aiming a handgun at him. As a result, he shot, and killed her.

This unfortunate ordeal ended horribly wrong. It was the very worst possible scenario for the suspect.

Other adverse consequences occur. These include the high risk of criminal charges being brought against those involved in the domestic dispute.

The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

In this article, we will discuss four types of criminal charges often associated with domestic disputes, that put a person at risk for harm or fatality, as well as risk factors, and criminal defense for the charges.

Any one or more of these criminal charges, in absence of injury can be life altering.

Convictions can jeopardize your freedom, leaving you with a long standing criminal record.

1) Aggravated Assault Charges

An aggravated assault is a felony in Arizona.

Misdemeanor assaults and aggravated assaults are differentiated in that they are either felonies or misdemeanors.

While both types of assault are serious, aggravated assault convictions carry very harsh punishments.

Like weapons misconduct, felony assaults charges can be brought in a number of situations. Any assault that involves the use of a deadly weapon may also be charged as aggravated assault.

A deadly weapon includes any object designed for lethal use, including unloaded firearms.

This does not include permanently inoperable firearms. The definition of firearms also does not include a toy weapon.

The prosecution will have to show that a deadly weapon was used to intentionally, recklessly, or knowingly cause a physical injury to somebody else; placed someone else in reasonable apprehension of being physically injured; or knowingly touch somebody else with the intent to injure, provoke, or insult that person.

Any misdemeanor assault against a peace officer who is engaged in performing official duties can also be charged as an aggravated assault.

When an aggravated assault is based on an assault on a peace officer engaged in his job, charges are brought as class 2 felonies. A presumptive term for a class 2 felony is five years, and an aggravated term is 12.5 years.

2) Weapons Misconduct Weapons misconduct refers to criminal offenses that involve a deadly weapon.

Weapons crimes can be brought when a person knowingly carries a concealed deadly weapon other than a pocket knife, while committing a serious offense or felony.

They can also be brought when a person fails to respond correctly, as to whether or not they are carrying a concealed deadly weapon, upon inquiry by a police officer.

There are numerous ways weapons misconduct can result in a criminal record under Arizona Revised Statute section 13-3102.

In the former situation, weapons misconduct is charged as a class 6 felony.

While, these are not punished as harshly as other felonies in Arizona, they still call for prison time.

The presumptive term for a first-time offender’s conviction for a class 6 felony is one year, while an aggravated term is two years.

However, depending on the circumstances, it is sometimes possible to negotiate to get the felony turned into a class 1 misdemeanor with a lighter sentence.

Failing to answer a police officer accurately about a concealed deadly weapon is a class 1 misdemeanor.

The penalties are not as serious, but you can still end up with a criminal record that affects your ability to secure employment, professional licenses, and housing and it could affect the outcome of future criminal charges.

3) Domestic Violence Charges

In Arizona, according to statistics from the National Coalition for Domestic Violence (NCAVD), the presence of a gun, in the home, increases the chance of fatality by 500 percent. Domestic violence can be a felony or misdemeanor. This determination is made based on the actual crime that was committed.

Some examples include assault, sexual assault, criminal trespassing, violation of a restraining order, neglect, delinquency of a minor, stalking, harassment, incest, and other crimes against a child.

Whether or not the crime is one of domestic violence is determined by the nature of the crime and the relationship between the victim and the accused.

Relationships described in Arizona Revised Statutes 13-3601 include, but are not limited to those between current or former spouses, parents, children, grandparents, siblings, those involved in a romantic relationship, co-habitants, those either related, or in a present or former relationship that do not live together.

In Arizona when charges are brought for a third domestic violence incident, within 7 years, the charges are raised to a felony. This is the case, even if the violation was a misdemeanor.

If a deadly weapon such as a gun is displayed in a domestic dispute, while a person under the age of 15 is present, the suspect will be arrested.

This is the case, whether or not the weapon was used.

It is also the case, whether or not the police officer actually witnessed the display of the weapon. In any event, probable cause would be needed in order to make a lawful arrest.

Under Arizona’s domestic violence law, the police officer’s discretion, they have may seize a firearm temporarily if they learn that one is on the premises, and feel it poses the threat of harm under the circumstances.

In some situations one or more parties will turn on police.

When police are not sure which person is the aggressor, they will often arrest both individuals involved in the dispute.

For the victim, this is adds insult to injury causing a person to become angry and combative towards police.

4) Failure to Obey Police Orders

Arizona Revised Statute section 28-622 prohibits someone from failing to comply with a police officer who has the authority to direct, control, or regulate traffic.

In the incident described above, the woman could have been charged with a failure to comply if the police officer had asked her to put the toy gun down, even though it was not a real firearm.

A failure to obey a police officer is a class 2 criminal misdemeanor.

A class 2 misdemeanor can be punished with a term of imprisonment for a maximum of four months.

High Risk Factors in Domestic Disputes

A recent report was issued by the National Law Enforcement Officers Memorial Fund, which concluded that the deadliest police encounters involve domestic disputes.

Following a recent 5 years study, 684 officer deaths in the line of duty were analyzed. Of those, twenty percent of the officers died of rifle gunshot wounds.

Some of the reasons for this include an escalation of emotions, which is often accompanied by a decrease in logical thinking and reasoning, those involved.

Officers often find it necessary to arrest, or remove one or more of those involved from the home following a heated argument, for the safety of the occupants.

An order from police for one of the parties to leave their own home is often met with resentment and opposition. This alone, can be dangerous for both police and the suspect.

When alcohol and drug abuse is involved, judgment is impaired, which results in increased risk of harm or fatality.

According to statistics from the National Coalition for Domestic Violence, 72% of all murder-suicides in the United States involve intimate partners.

Further, statistics indicate that the existence of an accessible firearm, in the home increases the chance of fatality by 500 percent.

That risk increases to 2,000 percent if there has been a prior history of domestic violence among the individuals.

The officers are well aware of these dangers and exercise vigilance. They often call for back-up officers, for their own protection when called to a domestic dispute.

The police investigation into a domestic dispute begins before they even arrive on scene. When they receive a dispatch for a domestic violence call, one of the first things they do is a background check to see if police have been to the house in the past or if there are prior convictions.

When officers feel threatened, they generally will not take any chances.

Police officers are trained to use force if needed to defend themselves.

This can happen even if what they perceive as a threat, later ends up not being a real threat of harm to the officer.

Criminal Defense Attorney for Aggravated Assault, Weapons Misconduct, Failure to Obey Police Orders, Domestic Violence Charges in Phoenix AZ

If you simply plead guilty, without the guidance and retention of a qualified criminal defense attorney, you will be exposed to a swift conviction and harsh penalties.

It is important in all of these situations to retain experienced legal advocate who can fight for your rights, and provide a strong criminal defense.

No matter how serious your charges may be, you have the right to defend them.

In addition, to protecting your rights, and making sure you are treated fairly, an effective criminal defense attorney may be able to apply specific defenses in your case.

Depending on the circumstances, and strength of the evidence surrounding them, defense strategies can be mounted which can lead to a favorable outcome of your case.

Often, there are mitigating circumstances or facts that can be used to negotiate with the prosecution for a plea deal. In some cases, it may be possible to win at trial by establishing a reasonable doubt.

If your rights were violated or evidence was obtained unlawfully, it often can be suppressed to that it cannot be used to prosecute you.

James Novak, of the Law Office of James Novak, is an experienced criminal defense attorney, and former Maricopa County prosecutor.

Attorney, James defends charges of aggravated assault, failure to obey police orders, domestic violence, and weapons misconduct charges on a regular basis.

If you face active criminal charges in Phoenix, Mesa, Tempe, Chandler, Gilbert or Scottsdale Arizona, James Novak will can provide you with a free and confidential consultation regarding your matter.

If retained, he will tailor and provide a strong defense on your behalf and work to resolve your charges.

Call (480) 413-1499, or contact James Novak today to personally discuss your options for your defense.

Additional Resources:

• Arizona Revised Statutes section 13-3102 (misconduct involving weapons)
• Arizona Revised Statutes section 13-1204 (aggravated assault)
• Arizona Revised Statutes section 28-622 (failure to comply with a police officer)
• Arizona Revised Statutes section 13- 3601 (domestic violence)
• Phoenix Superior Court
• National Law Enforcement Officers Memorial Fund | Police Deadly Encounters

More Articles:

• Aggravated Assault: The High Cost of Harming a Police Officer,
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”
• Failure to Comply with Police Orders and Constitutionality Challenges

Most people visiting a bar in Maricopa County, don’t intend to commit a crime, or get in a fight with another customer, it often ends up that way. Alcohol or drugs can easily impact judgment and behaviors, and things can quickly get out of hand, and escalate to violence, assault, and worse.

As part of the Safe and Sober Campaign efforts still underway in Tempe, and East Valley Cities, Police and Maricopa County Deputies are monitoring bars closely to prevent violence, and other crimes, and make arrests.

Earlier this year, the actor Jason London (perhaps best known for his role in Dazed and Confused) got into a bar brawl in Scottsdale, Arizona and punched a bouncer as well as police officers. He was left with visible injuries and claimed he was the victim.

Arizona prosecutors charged him with assault–assaulting a peace officer is a serious felony. However, before trial, he reached a plea deal with prosecutors who dropped the assault charge in exchange for him pleading guilty to the much lighter charge of disorderly conduct. He was ordered to attend an alcohol treatment program and pay fees.

What constitutes disorderly conduct in Arizona? This subjective charge describes all kinds of behavior that law enforcement officers believe are inappropriate for a particular public setting. It can include scenarios like the drunken bar brawl described above. Arizona Revised Statutes (ARS 13-2904) lists these other acts as disorderly conduct:

• Engages in fighting or violence or disruptive behavior
• Makes an unreasonable amount of noise for the situation
• Employs abusive communication such that it’s likely to provoke another person to retaliate physically
• Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession
• Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency • Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

The prosecutor must also prove that the person who is accused of disorderly conduct had either the intent to disturb the peace of a neighborhood, family or person or knowledge that he or she was disturbing the peace.

Charges similar to disorderly conduct include loitering and public intoxication. When disorderly conduct is charged from the outset of a case, it is often charged alongside another charge, like domestic violence or assault. But as you can see from Jason London’s case, prosecutors use disorderly conduct as a way to negotiate a plea with a defendant who could be charged with something more serious, in order to ensure that the perpetrator serves a sentence of some kind.

Most disorderly conduct charges are simply Class 1 misdemeanors. Although this is a lighter charge than a felony, it is the most serious type of misdemeanor and can result in up to six months imprisonment and fines of up to $2,500, plus an 84% surcharge. In many cases, a judge will permit probation, rather than actual imprisonment. Disorderly conduct can become a Class 6 felony, if a firearm is involved. This means that a defendant could serve up to two years in prison for non-dangerous behavior or three years maximum for a dangerous felony. In Jason London’s case, if he had waved a gun around during the fight, he might not have gotten a plea deal.

Since it’s a misdemeanor, you may be tempted not to retain an attorney for a disorderly conduct charge. However, a skilled criminal defense attorney can make various arguments on your behalf. For example, you may have been acting in self-defense, exercising freedom of speech, or provoked by the other person’s conduct.

Any kind of criminal conviction, including a misdemeanor, can affect you adversely. It can affect your right to carry a gun, affect your employment, affect your social standing, and even affect your educational opportunities. You should contact an experienced criminal defense attorney to fight the charge.

If you or a loved one is accused or charged with disorderly conduct or a more serious charge, contact knowledgeable criminal defense attorney James Novak at (480) 413-1499. We may have a defense strategy that can help you.

Additional Resources

• Arizona Revised Statutes section 13-1204
• Arizona Judicial Branch – Rules of Criminal Procedure
• Arizona Superior Court – Case Procedures

MORE BLOGS

• Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

Crime Suppression Operation Details Alcohol related crimes including DUI, underage drinking, drug crimes disorderly conduct, Aggravated Assaults, and other criminal offenses have plagued ASU, and Tempe. Among them, the most serious crimes have ended in death. These crimes, especially violent and dangerous crimes have become so problematic that the Police Chief, Tom Ryff has requested assistance and resources from the Maricopa County Sheriff’s Office (MCSO) Sheriff Joe Arpaio has agreed to provide resources and to team up with Tempe Police to combat the out-of-control crime in Tempe AZ. Beginning this evening The Maricopa County Sheriff’s Department will begin a “Crime Suppression Operation” But this time with the help of Deputies and Officers from MCSO. There is even talk that the campaign will last the remainder of the fall 2013 semester.

If you thought you saw a lot of police officers in the area, during last months “Safe and Sober” campaign which was said to include an historical number of officers, prepare to see a lot more than that in this sting. One can expect to see Tempe Police Officers and MCSO Deputies on many streets, sidewalks, horseback, bicycles, motorcycles, squad cars, vans, in and around bars, and parties. They will be looking to prevent violence, disorderly conduct, alcohol related offenses and to make as many arrests as possible.

The command post for the operation will be set up at the Tempe Fire Station Training Facility near the cross streets of University and Dorsey, beginning Thursday September 12, 2013. Sheriff Joe Arpaio vows to continue the sting “as long as it takes to get campus partying under control”.

Law Enforcement Focus: Underage Drinking, Disorderly Conduct, and Violent Crimes

Aggravated Assault is a Felony and considered a violent crime against a victim. All victim crimes call are serious and call for harsh punishments if convicted in Arizona. Violent Crimes have become rampant in Tempe AZ. Assault and Aggravated Assaults involving students and Tempe residents have been alarming and on the rise. Last week, for example, a 19-year-old male student was assaulted near Apache Boulevard and Rural Road, in Tempe AZ.

A surveillance video shows that several young men encountered the student in a lobby and then three of them forced him to get into an elevator. Two of them stepped inside the elevator. The student tried to fight back, but he was brutalized. When the door opened a few floors up, a witness saw two young men standing over the victim with blood on their hands. The victim was left unconscious and ultimately needed to have his broken jaw wired shut.

The victim, believed to be a member of a fraternity on probation, was also very drunk when the police contacted him at the hospital. He couldn’t remember much about what had happened nor who had beaten him. The Tempe police department has made statements suggesting that the rise in violent activity on the ASU campus is linked to alcohol use. The fraternity to which the victim belonged was on probation because officials believe a fraternity member threw a bottle of liquor into a fire and burned two girls. One of the perpetrators in this case is also believed to be a member of a different fraternity.

The Link between Alcohol and Violence

The link between alcohol and violence is not entirely clear. However, a number of separate findings suggest that young people especially should be very conscious of how much alcohol they consume. For certain personality types at least, there is a risk of more severe violence as a result of drinking.

According to the National Institute on Alcohol Abuse and Alcoholism, there is a greater risk for violence among young adults ages 18-30 than in any other age group. Lab research dating back 15 years shows that intoxicated persons are more aggressive than sober people. While alcohol was not found to be an instigator of violence, the more drinks a male consumed in the study, the more severe the injury to himself and to others. Alcohol may be a facilitator of particularly aggressive behavior though it may not cause it.

Aggravated Assault Laws and Criminal Penalties in Arizona

The beating such as the one described in this article would likely to be charged as felony aggravated assault. While many assaults are misdemeanors, under Arizona law, a person can be charged with aggravated assault if someone “knowingly, recklessly, or intentionally” causes a serious physical injury to someone. There are a number of other specific circumstances that elevate an assault to aggravated assault, including use of a deadly weapon, causing disfigurement or impairment or a bodily organ, or committing assault while a victim is bound.

Criminal Charges of Aggravated Assault in violation of A.R.S. 13-1204 can range of charges from Class 6 felony (least severe) to Class 2 felony (most severe). A Class 6 aggravated assault conviction can lead to prison terms from 18 months to 3 years. A Class 2 aggravated assault conviction, however, can lead to a prison term of 7 to 21 years. Class, 5, 4, and 3 aggravated assault offenses are punished with terms of imprisonment between these two poles. Aside from imprisonment, a perpetrator of aggravated assault can be fined up to $150,000 and, depending on the severity of the injuries caused, victim restitution.

Other Consequences of violent crime convictions

Legal battles are just the tip of the iceberg when it comes to consequences of a conviction. The severity of the punishments in an aggravated assault conviction can affect you if you are a college student or any other person. A felony conviction can affect your ability to finish college and go to graduate school, reduce your employment opportunities, particularly in professions where background checks are conducted such as law and teaching, impact your ability to possess a gun, and result in significant social stigma. Felony criminal records follow a person for many years into the future. They also result in loss of some civil rights that person who otherwise enjoy such as loss of the right to vote, and the right to possess or carry a firearm. A person convicted of an aggravated assault many also be ordered by the court to pay restitution to the victim in the form of medical bills, or property damage. The defendant may also be sued in civil court by the victim for damages or by the victim’s family in the event the incident leads to death of the victim.

Defending Felony Assault Charges in Tempe AZ

There is a great deal at stake. A conviction for Felony Assault can ruin a person’s life. But no matter how serious a crime, a person has the right to defend their charges, and retain legal representation in their case. If you face these types of charges, it is extremely important to retain an experienced criminal defense attorney to represent you. Tempe AZ criminal defense attorney will protect your rights, defend your charges, advocate your side of the story, tailor a defense based on the facts of your case, , defend you at trial, and work to get the best outcome in your case. Contact the Law Office of James Novak to receive a strong defense from an experienced criminal defense attorney.

Additional Resources:

• Arizona Aggravated Assault Statute
• Arizona sentencing for serious, violent or aggravated offenses
• Phoenix Superior Court

MORE BLOGS

• Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

An assault charge may be brought as a Misdemeanor or Felony (Aggravated). A person may be guilty of misdemeanor assault if they put someone in fear of bodily harm, touch someone with the intent of physical injury, or cause any physical injury to someone.

An assault charge will be elevated to a felony assault, a more serious charge, if they commit simple assault and any of eleven enumerated circumstances are present. Among these circumstances include: a serious personal injury results, a deadly weapon is used, or the assault is made on a law enforcement officer.

Recently in Arizona, a man allegedly threatened to kill a couple during a home invasion. Fortunately, neither was hurt. It was reported in the news, that the man broke into the house wearing only blue jeans and a blonde wig and carrying a gun. At some point the husband was able to retrieve his own gun and he shot the man who broke in.

The suspect ran from the scene and hid in a woman’s house nearby before the authorities caught him. He will face two counts of aggravated assault with a deadly weapon or dangerous instrument, two counts of kidnap-apprehension of injury and one count of burglary.

If the man in this case had come in without a gun, threatening to kill the husband and wife, he would be facing fewer potential penalties. In such a case, he might be charged with simple assault and burglary for placing the couple in fear for their life. In cases where a deadly weapon is involved, penalties can be very severe depending on the defendant’s prior record.

Many aggravated assaults are charged in spite of no actual injury to the victim. If convicted, a person guilty of committing an offense such as the this one described, will still be exposed to long term mandatory prison sentencing, despite the fact they were not injured. Even a first-time offender may face 5-15 years in prison. However, someone who had been convicted of a “dangerous offense” even once before could face 10-20 years in prison For a third conviction, a defendant could be penalized with a prison term of 15-25 years.

Arizona has followed a mandatory sentencing scheme for decades. It requires mandatory prison for people found guilty of a second felony or people who are guilty of “dangerous crimes”. A person may be guilty of a “Dangerous Offense” under A.R.S. 13-105 (13) if a deadly or dangerous weapon is used, or displayed as a threat in a criminal offense. This includes, of course, guns, but also knives and cars and anything else intended to be used as a dangerous weapon.

In addition to mandatory minimum sentences for crimes like aggravated assault with a deadly weapon, a court may consider aggravating or mitigating factors in meting out a sentence. Mitigating factors might include a lack of a criminal record, good character, or model background. For example, if the man described above was a straight A college student with no prior felony or misdemeanor arrests and a background of charitable work, an experienced criminal defense attorney could argue that he should receive the minimum sentence for aggravated assault available to him. Similarly, a defense attorney who was able to show a connection between a troubled childhood and the aggravated assault might also be able to argue for the lowest possible sentence.

Sentencing in Arizona can be quite complex, particularly in a case where multiple felony charges are involved. If you or a loved one is accused of assault, contact knowledgeable criminal defense attorney James Novak at (480) 413-1499.

Additional Resources

• Arizona Revised Statutes section 13-1204
• Arizona Judicial Branch – Rules of Criminal Procedure
• Arizona Superior Court – Case Procedures

MORE BLOGS

• Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious injury or death involving auto accidents.

While drowsy driving is not a crime itself, it could lead to the commission of serious vehicular crimes such as DUI charges, reckless endangerment, aggravated assault, or vehicular homicide.

Warning signs of both driving drowsy and DUI are often similar in nature. Drowsy driving can lead to DUI charges, even if a person was not in fact, impaired to the slightest degree due to intoxicating alcohol or drugs.

How to avoid Drowsy Driving

• Recognition of warning signs and prevention;
• Get adequate sleep. Drivers should ensure that they get enough sleep (7-9 hours)
• Be aware of increased risks such as commercial driving, long shifts or nightshift work;
• Seek medical attention for untreated sleep disorders;
• Do not drive while under the influence of sedating medications;
• Do not drink spirituous liquor prior to or while driving;
• Take precautions and prepare for days or nights of long distance driving such as getting extra rest and sleep before driving;
• If you are a high risk driver due to your work hours, arrange for alternative rides home with a friend or family member, bus, taxi, or other trusted and responsible person.
• If you are in a high risk group for driving get enough rest and sleep before and after your shift.
• If you are driving and unexpectedly find you are driving drowsy, pull over in a safe place will lit location; preferably a rest stop or motel if possible, to sleep until you are feeling alert enough to drive again.

Warning Signs of Driving Drowsy

• Frequent yawning;
• Frequent blinking;
• Difficulty remembering the past few miles you drove;
• Missing planned exits;
• Drifting from one’s lane;
• Hitting rumble (wake-up) strips;
• Staring or tunnel vision;
• Inability to remember recently past road signs;
• Drifting or weaving across lanes without realizing it.

DUI v. Drowsy Driving

The National Highway and Traffic Safety Administration (NHTSA) researchers identified at least 100 driving cues that have been found to be associated with a Drunk Driving, or impaired. The signs or driving behaviors identified were presented and separated into four main categories:

• Weaving or drifting, and problems maintaining proper lane position;
• Speeding or difficulty braking when needed;
• Vigilance problems such inattentiveness;
• Difficulties with Judgment and decision making skills

Many of these signs are displayed by motorists who are driving while drowsy or tired. As result, a police officer could mistakenly suspect that a driver is under the influence of intoxicating alcohol or drugs. If the officer has probable cause to conduct a DUI blood test and trace compounds of a drug defined under Arizona law, in the person’s system, they are at risk of a DUI. Further if a person had only one drink of intoxicating liquor, which did not result in driving impaired to the slightest degree, they could be mistakenly determined to be driving impaired. A non-underage 21 person will be forced to defend their charges in court, even though they were driving drowsy and not impaired due to blood or alcohol.

DUI Defense Attorney for Charges in Gilbert AZ If you have been arrested for DUI, or any vehicular criminal offenses in Arizona, you should retain a qualified and experienced criminal attorney to defend your charges. DUI laws and penalties are among the harshest in the country. Your criminal defense lawyer will defend your charges, and protect your rights. There may be defenses you are not aware of that could lead to a dismissal of charges or other favorable outcome in your case.

Additional Resources:

• Gilbert Arizona Traffic and DUI Unit

• Gilbert AZ Criminal Court Processes

• DUI and Drowsy Driving – Laws and Criminal Defense in Arizona

• National Centers for Disease Control – Drowsy Driving Report January 2013

• National Highway Traffic and Safety Administration (NHTSA)

If you “Like” this article please let us know with “+1”. Feel Free to subscribe and “Share”! Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Initial Consultation Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ Maricopa County

A person is guilty of aggravated assault if they commit assault as defined in A.R.S. § 13-1203

• Assault, and knows or has reason to know that the victim is a police officer, or peace officer professionally engaged in their official duties; and
• A person causes serious physical harm or injury to the officer; or
• A person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment, body organ or part or a fracture of any body part; of the officer; or
• A person uses a deadly weapon or dangerous instrument against the officer; or
• A person takes or attempts to gain control of a police officer’s firearm or other weapon.

Penalties for Felony Assault

Charges for Felony Assault may range from a Class 6 felony to a Class 2 felony which is more severe. The only charges higher than Class 2 are Class 1 felonies which are reserved for the most serious of crimes, homicide.

Depending on the seriousness of the assault, and number of offenses, and other factors, sentencing may include prison terms of 1.5 to 3 years for a Class 6 felony; and 7 to 21 years in prison for a Class 2 felony.

Fines for conviction may be ordered as high as $150,000.00, plus victim restitution, costs; fees; assessments, counseling, probation or parole; community service; and other harsh penalties.

If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Tempe court determines is necessary and appropriate.

Criminal Defense Attorney Felony Assaults Phoenix AZ It is imperative to consult an experienced criminal defense attorney if you face aggravated assault charges. You can discuss your matter, and they will provide you with options for defense. If retained, they will protect your rights; make sure you are treated fairly; defend your charges; and look for evidence in your favor. They will represent you through the proper channels of the criminal justice system. There may be defenses that can be used, could lead to dismissal of charges; reduction in penalties or other favorable outcomes. For charges of this serious nature you should retain qualified legal representation as early as possible so they may begin working on your defense. This will also help you to avoid any unintended self-incrimination that could harm your case.

Resource Links:

Arizona Revised Statutes Law Office of James Novak – Assault Laws and Penalties

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation! Call (480) 413-1499

Prohibited Weapon Laws in Phoenix AZ

ARS § 13-3101 (8) (a)(i)(vi)(vii)(viii)(ix): Prohibited Weapons:

Simulated explosives are considered Prohibited Weapons and include (list not all inclusive:

• Improvised explosive devices (IEDs);
• Bombs; grenades, Propellant charged rockets with charges of more than 4 ounces Explosive mine; or other poisonous or incendiary gas;
• Breakable container containing flammable liquids or gases that flash at 150 degrees
• Chemical or combination of chemicals, compounds or materials, that generate gas causing rupture or bursting of a container;
• Any combination of materials designed with the purpose of making any of the items listed above.

Prohibited Weapons Classifications and Sentencing:

ARS § 13-3102. A. (3) Misconduct with Prohibited Weapons:

Simulated explosives are considered “prohibited weapons”. A person may be guilty of Prohibited Weapons charges if they manufacture, possess, transport, sell; or transfer a “prohibited weapon”.

A person guilty of assault by a Prohibited Weapon is a class 4 felony And Misconduct with a Prohibited Weapon. Under A.R.S. § 13 -702 Prison Sentencing for Sentencing for Misconduct with a “Prohibited Weapon”

• 0.1.5 Years Minimum to 3.0 Maximum
• 0. 1 Year Minimum Mitigated to 3.75 Years Maximum Aggravated

Simulated Explosive Devices

ARS § 13-3101. A (3) Explosives Include (in part):

• Dynamite;
• Nitroglycerine
• Black powder;
• Plastic explosives;
• Materials used with the intent of making explosives

ARS § 13 – 3110. (A) (B) Misconduct involving simulated explosives:

A person may be guilty of Misconduct involving explosives if with the knowledge and intent to intimidate, threaten, harass or terrify another person if they:

• Send or place a simulated explosive device in a public or private place; or
• Display, place or send the simulated explosive in a conspicuous location for collectible, curio, or show purposes without proper labeling; clear and immediate warning, or written notice of its hazard or danger

Simulated Explosive Offenses Classification and Penalties

Misconduct involving simulated explosive devices is a class 5 felony, whether or not injury or. Harm Under A.R.S. § 13 -702 Prison Sentencing for Convictions for Misconduct with simulated explosives may result in:

• 0.75 Years Minimum to 2.0 Maximum
• 0.5 Years Minimum Mitigated to 2.5 Maximum Aggravated

Criminal Defense Attorney for Prohibited Weapons Charges Phoenix AZ

If you have been arrested or charged with possession, use, misconduct or assault with a Prohibited Weapon, you should contact a criminal defense attorney to discuss your matter. You will need to strong legal representation to protect your rights, defend your charges, and help you avoid conviction and prison terms.

Resources Links:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Scottsdale, Phoenix, Gilbert AZ. Free Consultation!

Assault charges may be brought as Misdemeanor or Felony charges. Both are serious offenses in Arizona if convicted. If you were arrested, you have the right to defend your charges. This is the most effective, if you retain an attorney to protect your rights, and provide a defense on your behalf. In order to prosecute the State will need to prove beyond reasonable doubt that you purposefully; intentionally, or recklessly assaulted another person.

Definitions A person may be guilty of Misdemeanor Assault under A.R.S. § 13-1203 if their conduct knowingly, intentionally or recklessly:

1. Causes physical injury to another person;

2. Places another person in reasonable apprehension of present physical injury; or

3. Touches another person with the intention to insult, provoke or harm them.

Misdemeanor Classifications for Assault

• A.R.S. § 13-1203 1. Class 1;
• A.R.S. § 13-1203 2. Class 2;
• A.R.S. § 13-1203 3. Class 3

Sentencing for Assault in Phoenix AZ

Prison terms to do apply to Misdemeanor convictions in Arizona. However, under A.R.S. § 13 – 707 sentencing can include jail terms of six months in jail for a Class 1 Misdemeanor; Four months in jail for a class 2 Misdemeanor; and thirty days in jail for a class 3 misdemeanor.

Fines and Penalties for Misdemeanor Assaults

Fines for A.R.S. § 13 – 802 Misdemeanor will be ordered by the court of not more than the following amounts for individual convictions (excluding enterprises): A. Class 1 – up to $2,500.00; B. Class 2 – up to $750.00; C. Class 3 – up to $500.00 Other penalties may include assessment fees;, court costs; restitution to the victim; terms of probation; community service and/or anger management counseling.

Burden of Proof

For the Police to make an arrest, they must have “probable cause” to believe that a crime of assault was committed and that the suspect was the one who committed it. An arrest, however is not a conviction. In order to prosecute a person for assault the state of Arizona and its prosecution must prove “beyond a reasonable doubt” that a person’s conduct was purposefully intended; with knowledge; or recklessness harmed another person. This means that objective evidence will be needed. Such evidence can include consistent eye witness statements, photos, surveillance footage, DNA testing results and other material evidence.

Assault Lawyer for Defense Phoenix AZ

It is critical that you retain experienced legal representation if you face any type of assault crime. There may be defenses that you are not aware of that if used may lead to a partial or complete dismissal of charges, or reduction of sentencing. Every case has its own set of circumstances, for which certain defenses are effective. You should consult an attorney who defends assault charges on a regular basis, in the jurisdiction where you were arrested, to discuss you matter and defense options. They will advise you further if retained.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation! Call (480) 413-1499

A.R.S. § 13- 1208. Assault; vicious animals:
A. Person (s) who intentionally or knowingly causes a dog to bite and inflict serious physical injury on a human being; or cause serious physical injury to another person is guilty of a Class 3 felony; B. Person (s) who own a dog that the owner knows has a history or propensity to bite or cause injury or endangers another’s safety; in absence of provocation; or has been declared a “vicious animal” by a court of law; that bites, inflicts physical injury; or attacks a human being while the dog is unrestrained, or considered at large is guilty of a Class 5 felony; C. Person (s) who own or are responsible for a dog; that knows it’ history or propensity to bite or cause injury to a human being, in absence of provocation; or declared “a vicious animal” by a court of law, who does not take reasonable care (ordinary and prudent care) to restrain the dog, or prohibit it from escaping outside of an enclosed structure, residence, yard or safely leashed, is guilty of a class 1 misdemeanor.

Exceptions to A.R.S. 13-1208 violations:

• This section does not apply to law enforcement dogs owned or used by police or law enforcement agencies used in the performance of police work, at their direction;

• It is a valid defense it a person is found to be justified in using physical force or deadly force in self-defense; or in the defense of a third person pursuant to Chapter 4 “Justification Laws” of A.R.S. Title 13 criminal laws.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) classification

If a person’s dog is declared a vicious animal by a court of law, or has a known history of attacking or biting a human under A.R.S. § 13-1208 they may be charged with a felony aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person under the following circumstances: The animal attack or bite:

• Causes serious physical injury to another;

• Causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;

• A victim is restrained; or does not have the capacity to resist the assault is substantially impaired; Under any of the above situations, the owner, or person responsible for the dog may be charged Class 3 or Class 5 felony exposing them to prison terms of 2 to 15 years; victim restitution, fines, fees, and other penalties ordered by the court.

Criminal Defense for Aggravated (Felony) Assault in Phoenix AZ

If you face any assault charges in Arizona, you should consult a criminal defense lawyer to discuss your case and defense options. The State and prosecution egregiously pursues convictions for crimes involving victims. You will need a legal advocate who will you’re your side of the story; protect your rights and defend your charges, and seek the best possible outcome in your case.

Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation

Assault charges in Gilbert AZ are serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Gilbert, AZ in the criminal justice system. The best assault defense lawyers and criminal defense attorneys who defend cases in Gilbert AZ offer free consultations for assault charges if you have been arrested for a Gilbert Assault or charged with any type of assault in Gilbert AZ.

Assault Charges in Gilbert are governed for the rules of Arizona State Laws. Arizona law separates assault charges into two main categories:

1) Misdemeanor assault; Arizona Criminal code A.R.S. 13-1203 2) Felony Assault or “aggravated assault; Arizona Criminal code A.R.S. 13-1204 Both involve harm or intent to harm another or others, and are viewed as serious offenses with harsh penalties in Arizona. For these reasons it is highly recommended that you consult criminal defense lawyer who defends assaults in Gilbert Court frequently to discuss your charges, potential penalties, and defense options for your Gilbert assault charges.

Misdemeanor Assault Laws in Gilbert AZ: A misdemeanor assault in Gilbert includes but is not limited to the following: 1) Intent to harm or subject a another person to fear of being harmed; 2) It may include actual physical injury or contact with intent of causing physical injury; 3) Provocation; 4) Causing another person to reasonably feel that physical injury in imminent. The Arizona prosecution bears the burden of proving that the defendant’s actions involved “intent” and knowledge and were purposeful. Misdemeanor assault penalties in Gilbert AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault or Aggravated Assault Gilbert AZ: Felony or aggravated assaults in Gilbert, AZ, are far more serious than misdemeanor assaults. Other aggravating factors exist that may elevate a misdemeanor assault to “aggravated” or “felony” assault charges. Here are some examples of aggravating factors. This list is not all inclusive of those circumstances:

1) Causing “serious physical injury” to another person, that creates a reasonable risk of death; 2) Use of a deadly weapon; 3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist; 4) Assault that causes substantial disfigurement or impairment, temporary or permanent; 5) Someone commits assault while violating a valid order of protection or restraining order; 6) A person takes or attempts to gain control of a police officer’s firearm or other weapon; 7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; 8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Assault Charges Defense Lawyer Gilbert, AZ If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime, exorbitant fines, fees, court ordered counseling programs, restitution to the victim. Indirect impacts of a conviction on your life include loss of freedom, adverse effects on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Gilbert court determines is necessary and appropriate.

You should resist the temptation to “tell your side of the story”. Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ. You may unknowingly and unintentionally harm your case. Instead contact a good criminal defense attorney or assault defense lawyer defends assault charges frequently in Gilbert Courts. They will be your voice, tell your side of the story and present compelling arguments in your defense, through the proper legal channels. This includes attempting to get evidence suppressed, negotiating with the prosecution, filing the proper motions, fighting for your at hearings and trial if necessary. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

more For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com If you have been arrested for any Scottsdale Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to defending 100% DUI, Drug & criminal charges in Scottsdale, AZ and within Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Phoenix Assault, Aggravated Assault Criminal Justice System A natural human response to being charged or arrested for assault or aggravated assault is to tell your side of the story to the police. However, Police, Prosecution, and State don’t want to hear your side of the story, at least not the way you want to tell it. Once the police make the decision to charge or arrest you for assault, it is too late for your verbal side of the story. The police rarely, if ever, will change their mind once the arrest is made. Now to maintain your freedom and prevent a conviction, you will need a good Arizona Criminal Defense Attorney who defends Arizona Assault cases on regular bases to defend you. They will build and mount a strong defense through the appropriate legal channels via the Arizona Criminal Justice System. The Phoenix court system can be a maze of procedures and complicated protocol. That is why it is important to make sure your attorney defends assault charges often within the Phoenix AZ courts Assault and Aggravated Assault Defenses in Phoenix AZ Your assault defense lawyer in Phoenix, AZ will be your voice, tell your story and present compelling arguments through the criminal justice system in negotiations, hearings, filing motions or trial. You have the constitutional right to a private criminal defense attorney. In the case of assault charges, it is an extremely advisable that you do so.

Here are just a few defense strategies you can expect to see an experienced litigation and qualified Assault Defense lawyer to use in Phoenix AZ depending on the circumstances of you case: • Your actions were in self defense or out of fear • You were reacting to a perceived threatening situation • State of mind of the victim and you at the time of the incident • “Necessity” Defense • Lack of evidence by the Prosecution • If claim exists that you used a weapon, but there was no proof of that weapon • The involvement of outside parties or persons • Lack of witnesses • Interview or depose the police and or witnesses • You were not the person who committed the act • Victim has a history of making unfounded claims, and is not a credible. • The police violated your Constitutional rights during charges, arrest, or thereafter • The victim provoked, threatened or intimated you to force a response • The event was completely accidental, and in no way intentional • The circumstances were unforeseen, unexpected or unpreventable • Proof exists of efforts you made to protect the victim from the unexpected or unavoidable harm or endangerment. Once your Arizona Assault Attorney gathers and examines evidence in your case, the will build and mount an effective defense. The court and prosecution will then be educated about your story, from the facts and evidence your Arizona Criminal Defense Attorney has presented. You will need a criminal defense attorney with a great deal of experience; one that understands your story and one that has the ability defend your rights and get the best possible outcome in your case be it suppression of evidence, reduction of charges or a total dismissal of your case.

If you have been charged with any Arizona Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Assault charges in Phoenix AZ are serious. They should be taken very seriously. It is important for you to consult an experienced criminal attorney who defends assault charges in Phoenix on a regular basis to discuss your case, potential penalties if convicted, and options for Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Phoenix AZ offer free consultations or assault charges or if you have been arrested for a Phoenix Assault offense.

Assault Charges in Phoenix fall under the rule of Arizona State Law for which they are separated into two classifications: 1) Misdemeanor assault; Ref: Arizona Criminal code A.R.S. 13-1203 2) Felony or “aggravated assault; Ref: Arizona Criminal code A.R.S. 13-1204 Both involve harm or intent to harm another person, and both are viewed as serious offenses with severe penalties. For this reason it is highly recommended that you contact an Phoenix, AZ criminal defense lawyer to discuss your case and legal representation with an Attorney who frequently defends and litigates all types of assault cases in Phoenix AZ Courts.

Misdemeanor Assault in Phoenix AZ: A misdemeanor assault in Phoenix involves but is not limited to the following: 1) Intent to harm or subject a another person to fear of being harmed; 2) It may include actual physical injury or contact with intent of causing physical injury; 3) Provocation, causing another person to be reasonably apprehensive that physical injury in imminent.

The Arizona prosecution bears the burden of proof on the Arizona prosecution to prove intent and knowledge of their actions. Sentencing for convictions of Phoenix AZ misdemeanor assaults carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Phoenix Felony or Aggravated Assault: Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that will elevate an assault to elevated “aggravated” or “felony” assault charges. Here are a few examples, not all inclusive of those circumstances:

1) Causing “serious physical injury” to another person, that creates a reasonable risk of death; 2) Use of a deadly weapon; 3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist; 4) Assault that causes substantial disfigurement or impairment, temporary or permanent; 5) Someone commits assault while violating a valid order of protection or restraining order; 6) A person takes or attempts to gain control of a police officer’s firearm or other weapon; 7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; 8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Assault Charges Defense Lawyer Phoenix, AZ If convicted, punishments can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, , exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Court determines is necessary and appropriate.

You should resist the temptation to “tell your side of the story”. Once the police have decided to make the arrest for assault charge, you should exercise your constitutional rights to remain silent and retain good legal representation. You may unknowingly harm your case. Instead contact a good Phoenix AZ criminal defense or assault defense lawyer defends assault charges frequently in Phoenix will be your voice, tell your side of the story and present compelling arguments in your defense. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

If you have been charged with any Phoenix AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Assault of Police Officer, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

AZ Assault, Aggravated Assault Criminal Justice System A natural human response to being charged or arrested for assault or aggravated assault is to tell your side of the story to the police. However, Police, Prosecution, and State don’t want to hear your side of the story, at least not the way you want to tell it. Once the police make the decision to charge or arrest you for assault, it is too late for your verbal side of the story. The police rarely, if ever, will change their mind once the arrest is made. Now to maintain your freedom and prevent a conviction, you will need a good Arizona Criminal Defense Attorney who defends Arizona Assault cases on regular bases to defend you. They will build and mount a strong defense through the appropriate legal channels via the Arizona Criminal Justice System.

Assault and Aggravated Assault Defenses in Phoenix AZ Your assault defense lawyer in Phoenix will be your voice, tell your story and present compelling arguments through the criminal justice system in negotiations, hearings, filing motions or through trial. You have the constitutional right to a private criminal defense attorney. They expect you to use it, and in this case, it is an extremely important that you do so.

Here are just a few defense strategies you can expect an experienced litigation and qualified Arizona Assault Defense lawyer to use depending on the circumstances of you case: • Your actions were in self defense or out of fear • You were reacting to a perceived threatening situation • State of mind of the victim and you at the time of the incident • “Necessity” Defense • Lack of evidence by the Prosecution • If claim exists that you used a weapon, but there was no proof of that weapon • The involvement of outside parties or persons • Lack of witnesses • Interview or depose the police and or witnesses • You were not the person who committed the act • Victim has a history of making unfounded claims, and is not a credible. • The police violated your Constitutional rights during charges, arrest, or thereafter • The victim provoked, threatened or intimated you to force a response • The event was completely accidental, and in no way intentional • The circumstances were unforeseen, unexpected or unpreventable • Proof exists of efforts you made to protect the victim from the unexpected or unavoidable harm or endangerment. Once your Arizona Assault Attorney gathers and examines evidence in your case, the will build and mount an effective defense. The court and prosecution will then be educated about your story, from the facts and evidence your Arizona Criminal Defense Attorney has presented. You will need a criminal defense attorney with a great deal of experience; one that understands your story and one that has the ability defend your rights and get the best possible outcome in your case be it suppression of evidence, reduction of charges or a total dismissal of your case.

If you have been charged with any Arizona Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.