Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to rise in 2013. Incident reports and service calls for criminal violations in and around ASU are taxing Tempe and ASU Police resources.

Police report that the type of crimes that have increased include violent crimes, assaults, binge drinking, underage drinking, disorderly conduct, and criminal property damage. At least two deaths this year were reportedly linked to violence between fraternity rivals, while many others were seriously injured. Many of these are crimes against victims and carry the harshest sentencing of any crimes in Arizona. Tempe officials are proposing ordinance changes making it easier to crack down on off-campus parties, while local police agencies seek out and making arrests for underage drinking laws, assaults, and other violent crimes.

Assault Crimes may be charged as Misdemeanors under A.R.S. 13-1203 or Aggravated Felonies A.R.S. 13-1204, depending on circumstances and nature of the offenses. A person may be found guilty of misdemeanor assault in Arizona if they do one of the following:

(1) Intentionally, knowingly or recklessly injure someone else’s body; (2) Intentionally give someone else a reason to fear they will be harmed; (3) Knowingly touch another person in order to provoke, injure or insult the person.

Misdemeanor assault may be punished with up to one year in prison and maximum fines of $2,500. You may also have to pay restitution to the victim.

A prosecutor may elevate a misdemeanor assault to an aggravated (felony) assault charge in eleven different circumstances. Felony aggravated assault carries significantly greater penalties than misdemeanor assault. For example, felony aggravated assault may be punished with 15 years of imprisonment, as well as the stigma of a felony conviction, loss of a professional license, ineligibility to own or possess a firearm and many other harsh consequences.

A few of the eleven circumstances in which a defendant who is 18 years old or older may be charged with aggravated assault include those where he: causes “serious bodily harm”, uses a weapon or dangerous instrument, enters a private home with the intent of committing the assault, assaults someone who is 15 years old or younger, or assaults people of certain professions while they are working (including teachers, nurses, prison officials, fire department members, and paramedics).

Felony aggravated assault may also be charged if someone commits one of the forms of simple assault described above and also intentionally or knowingly prevents “the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument”, and a domestic relationship exists. In other words, this special type of aggravated assault can be charged against someone who attempts to strangle a domestic partner.

A few weeks ago, the Court of Appeals ruled on a case involving both simple assault and aggravated assault. In the case, a couple was arguing via text messages. When the male partner came home, he grabbed the woman, knocked her head, and squeezed her neck. Later he pressed his arm against her throat and told her to leave.

The male partner was charged with aggravated assault for strangling her, simple assault for knocking her head, and also for trying to stop her breathing a second time. The jury convicted him of the first and last charge. He was sentenced to eight years in state prison.

The defendant appealed on the grounds that the charge of aggravated assault related to strangulation was unconstitutionally vague (among other reasons). He claimed that nobody in Arizona could know what the statute meant by “normal” breathing or circulation and he referred to the state’s own expert who testified that it was difficult to say what “normal” breathing was, even in medicine.

The defendant also argued that his due process rights were violated because all three forms of simple assault were included within the aggravated assault charge. He further argued that the jury should have been instructed as to which type of assault he had committed.

The appellate court explained that even though “normal” is a relative term, it is not unconstitutionally vague. Plainly read, the statute prohibits stopping another person’s normal or typical breathing. The court also explained that this type of aggravated assault is a unique offense, not just another variation on the eleven circumstances that turn simple assault into felony aggravated assault. Ultimately the court affirmed the defendant’s sentence.

In many cases, these crimes have been serious and resulted in felony charges. Penalties are severe if convicted. Criminal penalties can include jail or long term prison sentencing; large fines, fees, assessments; restitution; counseling, probation, or community services, victim restitution, and other court ordered penalties. But the consequences are much broader than criminal penalties. A student may be suspended or expelled from school or athletic teams, lose scholarships, residency status as a US Citizen, termination from their job or lose opportunities for future employment, become ineligible for school loans, and have a criminal record, lose driving privileges, and lose other rights that they currently enjoy.

As you can see, assault is a serious offense in Arizona, particularly if it is charged as aggravated assault in Tempe AZ and other cities within Maricopa County. 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
• Arizona Coalition Against Domestic Violence

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

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

Assault charges in Scottsdale AZ are serious. You should consult an experienced criminal defense attorney who defends assault charges on a regular basis in Scottsdale, AZ criminal justice system and Scottsdale Court. Many top assault defense lawyers and Scottsdale criminal attorneys who defend cases in Scottsdale AZ offer free consultations for assault charges if you have been arrested for a Scottsdale Assault or charged with any type of assault in Scottsdale AZ.

Criminal and DUI charges in Scottsdale AZ are governed by the rule of law of the State of Arizona. Arizona law differentiates assault charges into two main classifications:

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 carry harsh penalties if convicted in Arizona. For these reasons it is strongly recommended that you consult a Scottsdale criminal lawyer or criminal attorney who defends assaults in Scottsdale Court and is familiar with the Scottsdale criminal justice system, to discuss your charges. You should be able to get insight on severity of the charges, potential sentencing if convicted, and defense options legal representation and defense by that Attorney for Scottsdale assault charges.

Misdemeanor Assault Laws in Scottsdale AZ: A misdemeanor assault in Scottsdale 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 proof that a defendant’s actions were intentional, and purposeful. Misdemeanor assault penalties in Scottsdale 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 Scottsdale AZ: Felony or aggravated assaults in Scottsdale, AZ, are far more serious than misdemeanor assaults. Additional aggravating factors exist that elevate a misdemeanor assault charges to an “aggravated” or “felony” assault charge. Here are some examples of aggravating factors. (This list is not all inclusive):

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.

Criminal Lawyers in Scottsdale | Assault Defense Scottsdale Arizona Felony and Aggravated Assault charges are extremely serious, offenses. If convicted of Felony Assault or Aggravated Assault charges in Arizona, Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime; exorbitant fines, and fees; court ordered counseling programs; and restitution to the victim; other punishments the Scottsdale court determines is necessary and appropriate. 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. You should resist the temptation to “tell your side of the story”. Once the Scottsdale police have decided to arrest you for assault charges, they rarely if ever change their mind. It would be wise to exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Scottsdale, AZ. You may unknowingly harm your case verbally or by actions that you take. Instead contact a good Scottsdale criminal defense attorney or assault defense lawyer who defends assault charges frequently in Scottsdale Court.

A qualified criminal defense 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 circumstance

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.

Assault charges in Mesa AZ can be serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Mesa, AZ in the Criminal Justice System to discuss your charges, potential penalties if convicted, and options for Mesa Arizona assault defenses. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Mesa AZ offer free consultations for assault charges if you have been arrested for a Mesa Assault or charged with any type of assault in Mesa AZ.

Assault Charges in Mesa fall under the rule of law of the State of Arizona. Arizona law separates assault charges into two categories:

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 a person or others, and are viewed as serious offenses with harsh in Arizona. For these reasons it is highly recommended that you consult criminal defense lawyer who defends assaults in Mesa Municipal Court frequently to discuss your charges, potential penalties, and defense options for your Mesa assault charges.

Misdemeanor Assault Laws in Mesa AZ: A misdemeanor assault in Mesa includes but is not limited to the following criteria: 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 AZ prosecution bears the burden of proving that the defendant’s actions involved “intent” and knowledge and were purposeful. Misdemeanor assault penalties in Mesa 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 Mesa AZ: Felony or aggravated assaults in Mesa, AZ, are far more serious than misdemeanor assault charges. Several, aggravating factors exist that cause a misdemeanor assault to be elevated to “aggravated” or “felony” assault charge. Here are a few examples and 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 Mesa, 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 Mesa court determines is necessary and appropriate.

You should resist the temptation to “tell your side of the story”. Once the police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain good legal representation for assault charges. You may unknowingly and unintentionally harm your case. Instead contact a good criminal defense attorney or assault defense lawyer defends assault charges frequently in Mesa 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.

If you have been charged with any Mesa AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Domestic Assault, Sexual Assault, 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 Tempe, Mesa, Scottsdale, Chandler, Gilbert, Phoenix Arizona and surrounding areas valley-wide within Maricopa County.

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 Tempe fall under the laws of the State of Arizona. Arizona law separates assault charges 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 or persons, and both are viewed as serious offenses with severe penalties in the state of Arizona. For this reason it is highly recommended that you contact a Tempe, AZ criminal defense lawyer to discuss your case and legal representation for your assault charges.

Misdemeanor Assault Laws in Tempe AZ: A misdemeanor assault in Tempe 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 proving that the defendant’s actions involved “intent” and knowledge and were purposeful. Misdemeanor assault penalties Tempe 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 Tempe AZ: Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that cause a misdemeanor assault to be elevated to “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 Tempe, AZ 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.

You should resist the temptation to “tell your side of the story”. Once the police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain good legal representation for assault charges. You may unknowingly and unintentionally harm your case. Instead contact a good Tempe AZ criminal defense or assault defense lawyer defends assault charges frequently in Tempe 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 Tempe 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 Tempe, Phoenix, 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.

In Arizona there are two classifications of assault charges:

1) Misdemeanor assault; Reference 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 crimes with harsh penalties. For this reason it is highly recommended that you contact an Arizona criminal defense lawyer to discuss your case and legal representation with an Attorney, who frequently defends and litigates all types of assault cases in Arizona.

Arizona Misdemeanor Assault: An AZ misdemeanor assault involves the following: 1) Intent to harm or subject someone to fear of being harmed. 2) It may or may not include 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 has the burden of proving 4) You intentionally, knowingly, or recklessly caused physical injury and intended to cause harm to another person.

The burden of proof falls on the Arizona prosecution to prove intent and knowledge of the above. Convictions of Arizona misdemeanor assaults can 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.

Arizona 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.

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.

Any assault charge should not be taken lightly. 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 right to remain silent. You may unknowingly harm your case. Many people feel that the Arizona Criminal Justice System is designed only to get convictions, and that the defendant’s side of the story is either disregarded or used against them. It is unfortunate, but there is some truth to this cold fact. Therefore, you best chance at a good outcome is to retain good Arizona criminal defense or assault defense lawyer who 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 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.

Whether you were in arrested in Phoenix AZ, Mesa AZ, Chandler AZ, Tempe AZ, Gilbert AZ, Mesa AZ, Scottsdale AZ, Maricopa County AZ or any other jurisdiction within Arizona, your Assault charges will fall under the rule of law of the State of Arizona criminal codes. Arizona law differentiates assault charges into two main classifications:

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 carry harsh penalties if convicted in Arizona. For these reasons it is strongly recommended that you consult a Chandler criminal lawyer or criminal attorney who defends assaults in Chandler Court and is familiar with the Chandler criminal justice system, to discuss your charges. You should be able to get insight on severity of the charges, potential sentencing if convicted, and defense options legal representation and defense by that Attorney for Chandler assault charges.

Assault Laws in Chandler AZ: A misdemeanor assault in Chandler 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 proof that a defendant’s actions were intentional, and purposeful. A good Chandler criminal defense Attorney can challenge this, under the appropriate circumstances. Misdemeanor assault penalties in Chandler 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 Aggravated Assault Chandler AZ: Felony assault or aggravated assaults in Chandler, AZ, are far more serious than misdemeanor assaults. Basically a felony assault or aggravated assault is an assault that involves additional aggravating factors. These factors elevate a misdemeanor assault charges to an “aggravated” or “felony” assault charge. Here are some examples of those aggravating factors. (This list is not all inclusive):

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

Assault Lawyer Chandler | Assault Defense Convictions for Felony Assault or Aggravated Assault charges in Arizona are severe. Penalties may include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime; exorbitant fines, and fees; court ordered counseling programs; and restitution to the victim; other punishments the Chandler court determines is necessary and appropriate. 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. You should resist the temptation to “tell your side of the story”. Once the Chandler police have decided to arrest you for assault charges, they rarely if ever change their mind. It would be wise to exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Chandler, AZ. You may unknowingly and unintentionally harm your case verbally or by your actions. that you take. Instead contact a good Chandler criminal defense attorney or assault defense lawyer who defends assault charges frequently in Chandler Court. A qualified criminal defense lawyer 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.

If you have been charged with any Chandler AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Domestic Assault, Sexual Assault, 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 Tempe, Chandler, Gilbert, Mesa, Scottsdale, Phoenix Arizona and surrounding areas valley-wide within Maricopa County. 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.