Phoenix Assault Lawyer

Is someone accusing you of committing assault or aggravated assault? Make The Law Office of Joshua A. Lopez, LLC your legal defense team to help you resolve the case smoothly and reduce its impact on your life should you be found guilty of the accusations.

Arizona has a very extensive definition of assault, which can be difficult to fathom if you are not familiar with the state’s criminal law. The penalties are also dependent on the severity of the crime committed and the previous record of the defendant, if any. Regardless of the defendant’s situation, it is crucial that they have an experienced Phoenix assault lawyer in order for them to understand the charges against them, the potential penalties, and the legal defense that can be used for their case.

At The Law Office of Joshua A. Lopez, LLC, you don’t have to worry about getting the legal defense you need to deal with the assault charges you are facing. Our team will work alongside you to create the right legal defense, and we will fight for the outcome that can help you pick yourself back up should the result not be in your favor. We will do our best to prepare you for the possible result of the case and help you avoid these charges in the future.

Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Assault Lawyer.

Definition of Assault in Arizona

In Arizona, assault or misdemeanor assault is defined into three classes that reflect the crime’s severity.

Class 1 Misdemeanor Assault

Class 1 misdemeanor assault pertains to a person who intentionally or knowingly commits a physical injury to another person. This action is considered the most serious form of misdemeanor assault, and the statutes further expound on the definition of this assault to ensure it is interpreted correctly.

For the first part, “intentionally causing physical injury” is as it implies: A person who commits the act truly intends to injure another person physically.

However, “knowingly causing physical injury to another person” is harder to explain as it does not require intent to cause injury to another person. A person ‘knowingly” does the act if they do specific actions that are considered criminal under the existing statute. For example, they have acted knowingly if they deliberately strike a person to try causing injury, even if the injury the victim gets is not what the suspect truly intended.

A person can also be charged with Class 1 misdemeanor assault even if they are not aware that their actions were unlawful.

Class 2 Misdemeanor Assault

This level of assault is committed by the person either by:

• Recklessly injuring a person physically
• Intentionally putting a person at risk of possible physical injury

When a person acts recklessly, they are aware of their actions and are consciously disregarding the risks they are taking for themselves and others. However, it is important that the behavior displayed by the suspect must be an extreme deviation from what is considered reasonable. For example, if a person throws a glass at a crowded dance floor below, it will be considered assault, even if they had no intention of hitting a person with the glass.

Class 2 misdemeanor assault can also occur even if the suspect did not touch the victim at all. This can happen if the suspect intentionally tries to scare the victim that they will hurt them, but they will not go through with it.

Class 3 Misdemeanor Assault

An assault was done if the suspect knowingly touched the victim with the intent to insult, provoke or injure them. Touching can also include using an object to reach another person.

If you are not sure if the actions committed are assault or what class of assault it is, our Phoenix assault lawyers will review the case. We will then determine how we can file the proper case in court and the defense needed to get the case resolved to your desired result.

Aggravated Assault

Meanwhile, the assault case becomes aggravated assault if the person does misdemeanor assault and one of the following acts:

• Cause serious injury
• Use a deadly weapon or instrument to cause injury.
• Cause temporary but visible impairment, disfigurement, or fracture.
• Commit assault to a victim who is restrained, bound, or has their capability to resist reduced significantly.
• Commit assault after trespassing on a private home with the goal of committing assault.
• Committing assault on a minor and the person committing the act is over 18 years old
• Commit assault while violating a protective order.
• Trying or taking a law enforcer’s firearms or weapons (handcuffs not included)
• Committing assault while they are an inmate or arrestees and committing it against a jailer or prison employee while they are doing their official tasks.
• Committing assault against any public official or employee while they are on duty. The Statutes also count an act as aggravated assault if a person injures an off-duty official or employee because of an act they did while on duty.

The Law Office of Joshua A. Lopez, LLC’s assigned assault lawyer for your case will check the charges to see if it truly is an aggravated assault case or not. We will then devise the right strategy to combat the charges and fight for a lighter sentence. You can also trust us to answer your questions about the case and prepare you accordingly so you can make the right legal decisions as the case progresses.

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Penalties for Assault in Phoenix, AZ

The Statutes highlight the specific penalties a person can face if they are found guilty of committing either misdemeanor assault or aggravated assault.

For misdemeanor assault, a convicted person may face one or more penalties depending on the assault class:

• Prison time – For Class 1 misdemeanors, prison time can be six months or more. For Class 2 misdemeanors, it can be up to four months, while Class 3 misdemeanors can include a 30-day prison term.
• Fines – Class 1 misdemeanors may include a $2,500 fine, while it will be a $750 fine for Class 2 misdemeanors and a $500 fine for Class 3 misdemeanors.
• Incarceration Reimbursement – Under certain circumstances, a court can order the convicted individual to reimburse the organization that will have to pay for their entire prison sentence.
• Probation – Depending on the severity of the misdemeanor assault, the court can order the convicted to be placed under probation. Probation conditions can vary from person to person, and their timespan can vary depending on the court’s assessment.
• Community service – In addition to probation, community service may be included in the penalty if one is found guilty of assault.
• Restitution – The court may also ask the defendant to pay restitution, which will be given to the victim to pay their legal fees and get the treatment they need to recover from the ordeal.

Meanwhile, aggravated assault cases in Phoenix, AZ, are classified into different classes – from Class 2, 3, 4, 5 to 6 felony – and they have different penalties. The penalties will increase depending on the offenses committed and if they are repeat offenders.

The penalties can include:

• Prison time – The time can depend on the facts surrounding the case, such as the age of the victim, the crime committed, the defendant’s history, and other related facts. Usually, it ranges from one year to 10 years.
• Fines – The court can fine a defendant up to $150,000 or more if found guilty
• Alternative sentence – Probation, community service, and restitution may be ordered by the court depending on the level of assault done by the defendant.

Whether you are facing misdemeanor assault or aggravated assault, you need to have a trusted defense attorney who can explain these charges, guide you through the case and fight for a lighter sentence. Without one, the penalties that may be given to you, if proven guilty, are the maximum penalties possible, and it may be difficult to prevent the conviction from affecting your life.

Your assigned Phoenix assault lawyer will do their best to fight for a lighter sentence so that you can restart your life faster after completing the sentence given to you. Let us know your side of the story, and we will look into all the details to create a strong case for you.

Comprehensive Assault Defense

Whether you are accused of committing assault or aggravated assault, you can trust The Law Office of Joshua A. Lopez, LLC to be your staunchest legal ally. We will be on the case immediately when you contact us and create the best defense to get the charges dropped or get a reduced sentence.

When facing assault charges, the severity of the charges can be dependent on the type of assault committed and how you acted when you were charged or arrested. Our dedicated assault lawyers will look into each aspect closely and do our best to fight for a favorable resolution to the case you have.

Here is a list of the assault charges we can help you with:

• Simple Assault and Battery
• Aggravated Assault
• Resisting Arrest
• Assault with a Deadly Weapon
• Armed Robbery
• Bar Fighting
• Criminal Assault
• Criminal Battery
• Domestic Assault
• Sexual Assault

No matter how the case proceeds, our assault defense attorney will be with you all throughout the case so you know your rights and interests are known in court. If there are any additional charges directed against you, The Law Office of Joshua A. Lopez, LLC’s lawyers will adjust the defense to counter these charges.

Trusted Phoenix Assault Defense Attorney