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 (i.e., a car) to intentionally place somebody in eminent fear of serious physical injury. However, Aggravated Assault 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. The car qualifies as a "dangerous instrument". Another way to commit Aggravated Assault is if the person commits a misdemeanor assault on a police officer, teacher, prosecutor, health care provider, or prison guard (it then automatically becomes a felony). Lastly, a person can commit Aggravated Assault if they are eighteen (18) years of age or older and commit a misdemeanor assault on a child who is at the age of fifteen (15) or younger (it then automatically becomes a felony). All of these situations carry varying penalties.
If any Aggravated Assault is committed while using a deadly weapon or dangerous instrument (i.e., a car), then the mandatory range of punishment on a first offense class three (3) "dangerous" felony is five (5) years minimum; seven and one half (7.5) presumptive; and fifteen (15) years maximum. 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) presumptive and twenty-one (21) years maximum.
If the Assault does not involve the use of a deadly weapon or dangerous instrument (i.e., if a Jury determines your car is not a dangerous instrument), then the prison ranges drop. If the assault involves serious physical injury or substantial disfigurement (without a weapon or dangerous instrument), then the range of punishment on the class three (3) "non-dangerous" felony 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 incarceration. 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 the range of punishment on this class four (4) "non-dangerous" felony 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). 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 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 key to defending a vehicular Aggravated Assault charge normally lies within a proper accident reconstruction. It will be important to show that, first and foremost, the accident was the other person's fault. In addition, it must be shown that the Defendant was not "reckless". The standard of "recklessness" in Arizona is that the Defendant was aware of and consciously disregarded a substantial and unjustifiable risk that the result would occur or that a dangerous circumstance existed. The risk must be of such a nature and agree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. The key is demonstrating that the Defendant did not ignore a "substantial and unjustifiable risk" and that his conduct was not a "gross deviation from the standard of the norm". If the Prosecutor is claiming that speed was a factor, then we must show that the speed was not a "gross deviation from the norm". Speeding does not become criminal, by statute, until it exceeds twenty-one (21) miles or more over the posted speed limit. If alcohol was a factor, then we must utilize all of the standard DUI defenses to show that breath / blood testing devices were inaccurate in their measurements. Lastly, we would use an engineer to check the car for any vehicle defects which may account for the accident.
Click Here... For the DUI section if your case also involves alcohol.
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; 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.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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