Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1204 "Aggravated Assault" normally occurs in one of two ways: 1) the person either causes serious physical injury or substantial disfigurement to another, or 2) the person uses a deadly weapon or dangerous instrument to intentionally place somebody in eminent fear of serious physical injury. However, it can also occur if somebody is drunk behind the wheel of a car and has an accident which results in serious physical injury or substantial disfigurement.
Another way to commit Aggravated Assault is if the person commits any Assault, (even a misdemeanor) on a police officer, teacher, prosecutor, health care provider, or prison guard. Lastly, a person can commit Aggravated Assault if they are eighteen (18) years of age or older and commit any Assault (even a misdemeanor) on a child who is at the age of fifteen (15) or younger. All of these situations carry varying penalties.
If any Aggravated Assault is committed while using a deadly weapon or dangerous instrument, then the range of punishment on a first offense is five (5) years minimum; seven and one half (7.5) years presumptive; and fifteen (15) years maximum of incarceration. If the victim is under fifteen (15) years of age, or is a police officer, the prison time increases to seven (7) years minimum; ten and one half (10.5) years presumptive; and twenty-one (21) years maximum of incarceration. If a person has one (1) allegeable historical prior dangerous felony conviction, then the range of "prison only" range is fourteen (14) years minimum; fifteen and three quarters (15.75) years presumptive; and twenty-eight (28) years maximum of incarceration. If the person has two (2) allegeable historical prior dangerous felony convictions, then the "prison only" mandatory minimum punishment is twenty-one (21) years; the presumptive is twenty-eight (28) years; and the maximum is thirty-five (35) years of incarceration.
If the Assault does not involve the use of a deadly weapon or dangerous instrument, then the prison ranges drop and the following ranges apply: If the assault does involves serious physical injury or substantial disfigurement (without a weapon or dangerous instrument), then this is a class three (3) felony and the range of punishment is anywhere from probation with zero (0) days in jail up to one (1) year in jail; or prison from two (2) years to eight and three-quarters (8.75) years in custody. If the person has one (1) allegeable historical prior conviction then the "prison only" range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is seven and one half (7.5) years to twenty-five (25) years of incarceration.
If the Assault does not involve serious physical injury, but only involves temporary but substantial disfigurement, or a fracture of any body part, then this is a class four (4) felony and the range is probation with zero (0) days in jail to one (1) year in jail; or prison from one (1) year to three and three-quarters (3.75) years in custody. If the person has one (1) historical allegeable prior conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable prior convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
If the Assault is normally a misdemeanor Assault, but it was committed on a police officer, school teacher, prosecutor, health care provider or prison guard, then this becomes a class six (6) felony, which carries a punishment of anywhere from probation with zero (0) days in jail to one (1) year in jail, or prison of four (4) months to two (2) years in custody. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
The first defense utilized in defending Aggravated Assault is proof that the injuries claimed were not as serious and / or they did not leave any "substantial" disfigurement to the other party. Many times, alleged victims will exaggerate their injuries in order to lay the ground work for a civil lawsuit. It is important to review all of their medical records and interview the treating physicians in order to determine whether they were, in fact, seriously injured or substantially disfigured. Also, it is important to determine whether a deadly weapon or dangerous instrument was truly utilized as a weapon. For example, was the Defendant merely holding a beer bottle when a fight broke out, or did the Defendant utilize the bottle as a weapon.
The most often seen defense utilized with regard to Aggravated Assault is "Self Defense" or "Justification". In most assault situations, the alleged "victim" will often be the one who makes the first aggressive movement towards the person who has been charged. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol, and then attempts to push you or grab you, if you simply pull away they may lose their balance and seriously injure themselves. You now automatically become the prime suspect because you were not injured, but they were.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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