An assault charge in Arizona is defined as intentional, knowing, or reckless acts that may cause physical harm in any capacity to another human being. It is also possible to commit assault if a person is placed in a situation of imminent physical injury. If a person knowingly touches another human being with intent to injure, assault, or provoke, this is another form of assault.
Typically, assault charges in Arizona will be classified as class 1 misdemeanors. If you face an assault charge, some consequences may include a maximum penalty of six months jail time, three years of probation, and a fine of $2,500 which includes surcharges. Aggravated assault is a different type of assault that could be introduced in a future case depending on the situation. If a person intentionally causes serious physical injury to another human being or has used a deadly weapon or dangerous object to commit the assault, it is defined as an aggravated assault.
For someone who intentionally assaults a member of law enforcement, a school official, a firefighter, a constable, a judge, a prosecutor, a teacher, a healthcare practitioner, or a park ranger, there will be an aggravated assault charge. Aggravated assault is considered a felony charge as opposed to regular assault. If you’re a Scottsdale resident and have recently been charged, you will need an assault charges attorney in Scottsdale, Arizona.
How to Enhance Or Aggravate An Assault Charge
Aggravated assault causes severe injury to another person using a deadly weapon or another dangerous instrument. However, aggravated assault charges may also occur if:
- the assault causes physical disfigurement
- the victim is bound or restrained
- the minor who is 15 yrs. old or younger
- a person enters a private home to commit assault
- a police officer, firefighter or other members of law enforcement are assaulted
For assault charges in Scottsdale, Arizona, a victim doesn’t have to be physically injured to file charges against the assaulter. If there is reasonable proof that there was an intentional insult or the person was provoked, the assaulter may be charged with assault. For assaulters, having no physical contact with a person may not be enough to face charges as long as they have reasonable proof they have been assaulted.
Defense Strategies I Can Use in My Assault Case
There are many defense strategies to be used when charged with assault.
- Actions were in self-defense or out of fear
- It was a reaction to a perceived threatening situation
- You and the victim’s state of mind at the time of the incident
- “Necessity” Defense
- Prosecution’s lack of evidence
- Outside parties or persons’ involvement
- Little to no witnesses
- You didn’t commit the act
- A history of non-credible claims has been made by the victim
- The victim’s constitutional rights during charges, arrest, or thereafter were violated by law enforcement
- A response was forced as a result of being provoked, threatened or intimated by the victim
- The event was in no way intentional and completely accidental
- There were unforeseen, unexpected or unpreventable circumstances
Laura J. Killham is a strong legal representation in the courtroom. She is the assault charges attorney in Scottsdale, Arizona that you are looking for. If you want to solve your case and see the best possible outcome in your case, call Killham Law Office today for a FREE quote. Proper representation under Killham Law could save you from conviction.
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