Tempe Assault Lawyer - Board Certified Criminal Defense Attorney
Serving Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa & the Entire
Assault charges may arise subsequent to an argument, a physical altercation,
or in connection with other crimes, such as
Disorderly Conduct or
Domestic Violence. An allegation of assault is a serious matter, and in Arizona, an assault
is considered a violent crime. An assault charge could be a felony or
a misdemeanor depending upon the circumstances, but in any case, requires
an aggressive defense to challenge the evidence and mitigate the associated
penalties with this type of conviction.
An allegation of assault is often accompanied by an accusation of battery.
In Arizona both Assault and Battery have been merged into one statute.
Assault includes merely a threat of the use of force. Battery means actually
touching the other person. Assault and Battery can include the use of
an object or a weapon to intimidate or cause physical injury to another.
The more severe the injury caused, the more serious the charges and penalties
can be if you are convicted.
If you are facing an assault charge, contact an
experienced Criminal Defense Attorney who will vigorously defend your rights and seek to achieve the best possible
outcome in your case. This Firm represents clients facing all types of
assault charges, including (but not limited to),
Aggravated Assault, Endangerment, Threatening and Intimidating, Resisting
Arrest, Disorderly Conduct, and Misdemeanor Assault. Mr. Buckallew is a
Board Certified Criminal Defense Attorney with nearly 20 years’ experience in litigating all types of Assault
cases in just about every Court in the Valley.
Domestic disputes can result in false accusations of assault, and law enforcement
officers may feel compelled to believe the statements of the alleged victim.
Even if the alleged victim later decides that he or she no longer wants
to move forward with the case, this alone will not result in a dismissal
by the prosecutor, as it is the State who brings the charges, not the
victim. It is crucial that you have the assistance of an aggressive and
dedicated assault criminal defense lawyer to help you navigate through
our often-complicated criminal justice system.
Arrested For Aggravated Assault?
In Arizona an Aggravated Assault is a simple assault that is enhanced by
the unique nature of the facts of the case. An assault can become an
Aggravated Assault if:
- It results in serious physical injury
- A weapon is used
- The assault causes a fracture or temporary loss of use of a bodily organ
- If the victim is under 15 and the aggressor is over 18
Aggravated assault can also occur if one commits a simple assault upon
certain protected classes such as:
- Police officers
- Correctional officers
- Health care providers
- Code enforcement officers
- Park rangers
- Court appointed attorneys
Some of the more common types of Aggravated Assaults include assaults that
result in serious injury, result in a fracture or where a weapon was used
– including a car. For example, if a person is involved in a car
accident while impaired that results in injury to another, the charge
will normally be Aggravated Assault (as opposed to
DUI). Under this theory of prosecution, the vehicle becomes the weapon/dangerous
To add more complexity to this already complicated statutory scheme the
government can add
allegations of "dangerousness" to the charge. If the offense involves any type of weapon or dangerous
instrument (including a car) the Aggravated Assault will be alleged to
be a "dangerous" crime which then means if a person is convicted
the penalty is mandatory imprisonment, and the length of that prison sentence
is enhanced as compared to a non-dangerous crime. "Dangerous"
crimes are not probation eligible but can become probation eligible if
the "Dangerous" allegation is dismissed – a common strategy
in plea negotiations.
The potential sentence for an Aggravated Assault (felony) charge will be
dependent on the facts of the case, and under which type of Aggravated
Assault one is charged with – but the range of penalty can be anywhere
from a designated misdemeanor offense with no jail all the way to mandatory
imprisonment in the Arizona State prison for up to 21 years for a first
offense class 2 dangerous felony. Generally speaking all Aggravated Assault
charges will start out as felony charges but not all will be labeled as
"dangerous" offenses. Some types of Aggravated Assault charges
can be reduced to misdemeanor offenses even though they are charged initially
as felony crimes.
If you have been charged with Aggravated Assault it is important that you
seek out competent legal advice. The Firm represents individuals charged
with ANY felony charge in the State of Arizona and has handled countless
cases involving Aggravated Assault over the years.
Contact the Firm and speak to a Board Certified Criminal Law Specialist for a free evaluation
of your assault case.