Kingman Assault Attorney
Defending Against Accusations of Assault
Assault is a broad term which refers to physical harm against the victim. In some states, assault is defined as the threats of physical harm to a victim and battery is the carrying out of those threats. However, the laws regarding criminal offenses vary from state to state so it is imperative that you understand what the specific laws are in your state. It would also be in your best interests to contact a legal representative regarding this issue so that you can be assured that everything is being done to protect your best interests.
According to the Arizona Revised Statutes §13-1203 (2011), assault is defined as intentionally causing physical injury to another individual or causing the individual to fear that they will be harmed. It also includes purposefully touching another with the intention of causing injury or insult to them, even if they are not harmed by the physical contact. If the physical contact causes injury, it will be charged as a Class 1 misdemeanor. Class 2 misdemeanor charges will be brought against those who place the victim in fear of injury and a Class 3 misdemeanor charges will be brought against those who touched an individual with the intention of injuring them or insulting them.
In more serious cases of assault, the suspect could be charged with aggravated assault rather than just misdemeanor assault. Aggravated assault has to include the same aspects as simple assault but with added factors. Simple assault becomes aggravated assault when the following is true:
- Serious injury was caused to the victim
- The use of a deadly weapon was involved
- Temporary disfigurement was caused
- The victim was physically restrained during the attack
- The suspect entered the victim’s private home to commit the assault
- The suspect was an adult and the victim was a minor under the age of 15
- The victim was a peace officer, constable, firefighter, teacher, healthcare practitioner, etc.
The individual could also be facing charges of aggravated assault if they attempted to take a police officer’s firearm or any other weapon they were using. If the suspect was in custody or imprisoned at the time of the assault, the charges will again be enhanced to that of aggravated assault. To learn more about these charges, see the Arizona Revised Statutes §13-1204 (2011).
Penalties of Assault & Aggravated Assault
One of the questions which will undoubtedly be on your mind if you were accused of aggravated assault is what the possible penalties could be. As assault is charged as varying degrees of misdemeanors, the fines will vary based on the level of the charge. For example, a class 1 misdemeanor could result in a $2,500 fine, a class 2 misdemeanor could result in a $700 fine, and a class 3 misdemeanor could result in a $500 fine. Aggravated assault is charged as a felony and the fine for a felony conviction could be up to $150,000. In regards to imprisonment, those accused of assault could be sent to jail from a period of thirty days up to six months. However, for aggravated assault, the prison sentence could range from 4 months up to 12.5 years.
Due to the heavy penalties which can result from an assault or aggravated assault conviction, it is highly recommended that anyone facing these charges retain the services of a strong defense counsel. Even if your case appears to be hopeless, there are numerous ways in which you could defend yourself. Please do not hesitate to contact our team at Dwane Cates Law Group, P.L.L.C. Call today for a free case evaluation!
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Dwane Cates Law Group PLLC
Address: 4425 N 24th St.
Phoenix, AZ 85016