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.