There are a number of factors that could change a basic assault to aggravated assault in the eyes of Arizona law. If a defendant is charged with aggravated assault, an experienced Phoenix aggravated assault attorney knows the fine points of the legal system, and how to best defend the case.
It can be confusing to try to understand the complexities of the court system. Different laws apply based on some situations but not others. A quality Phoenix aggravated assault attorney will help clients understand the different aspects of the Arizona assault law. For example:
* If an assault in Arizona results in a serious physical injury, the case can be elevated to aggravated assault. This is true even if the injuries to the victim are only temporary.
* Any time a deadly weapon, or any instrument that can be classified as a dangerous instrument, is used in an assault, it could lead to a charge of aggravated assault.
* If a person is assaulted by a person breaking into their home, the criminal could be charged with aggravated assault.
* If another person is injured when a defendant is driving under the influence, the defendant may be facing an aggravated assault charge.
* If a person injures, or threatens to injure, another person with a gun, he or she could be charged with aggravated assault.
The line between assault and aggravated assault is not always clear to the nonprofessional. For instance, if a person is involved in a bar fight, could they be charged with aggravated assault? An Arizona, if anyone suffers an injury, or is threatened with injury because of the bar fight, they can file suit against everyone that was involved. This is a good example of the complexity of Arizona laws regarding assault.
Assault charges have a severe penalty in Arizona. If someone is convicted of aggravated assault, the very least one can expect is a 5 years sentence. It is a lot of life to give up for what may have been a moment of anger or frustration.
On top of a criminal sentence, there may be a civil trial as well. Defendants should work closely with their attorney to determine where the strengths of their case lie, and how to increase the possibilities of acquittal.
A top-notch Phoenix aggravated assault attorney works with assault cases every day. They will explain how the law pertains to a client’s particular case. In addition, they can map the defense and explain the strategy and tactics.
