When facing an aggravated assault charge, it’s essential to understand the potential defenses that can be used to fight the allegations. In this article, we’ll discuss possible defenses to an aggravated assault charge, and how the experienced team at Snader Law Group can help you build a strong case.
Self-defense under A.R.S. 13-404 is frequently used defense in assault cases, where it requires individuals to show:
The force used in self-defense must be reasonably compared to the threat posed by the victim.
Similar to self-defense, this defense requires an honest and real perceived fear of harm to another person. The same limitations as self-defense apply, including the need for reasonable grounds for their perceived fear.
Defendants may claim they acted solely in defense of their property against invasion or illegal withholding. This defense generally allows individuals to use reasonable force, particularly when their home is involved.
If an individual voluntarily consents to a specific act, consent may serve as a defense to an assault charge. This is common in contact sports like wrestling or football.
Duress applies when an individual is forced to engage in conduct (that is normally criminal) due to threats or immediate use of physical force that could result in serious physical injury.
Necessity can be used when an individual is forced to engage in conduct typically considered criminal, but no alternative was available to avoid greater public or private injury.
If an individual can prove they did not have the required mental state (knowingly, recklessly, or intentionally) when committing the alleged offense, they may be able to avoid criminal prosecution.
Aggravated assault falls under ARS §13-1204 in Arizona and essentially extends on the definition of assault (ARS §13-1203). This offense is considered more serious due to certain aggravating circumstances and hence, brings more severe penalties. The intention behind these stiffer penalties is largely prevention-focused. Even for first-time offenses, prison sentences are a definite outcome.
An assault can escalate to an aggravated assault under several conditions. These include:
Aggravated assault may also occur if a simple assault is committed against individuals belonging to certain protected classes, such as:
Some common examples of aggravated assaults include those resulting in serious injury, fractures, or involving a weapon – even a car. For instance, if a person causes an injury to someone else during an impaired car accident, the charge is typically aggravated assault instead of DUI. In this case, the vehicle is considered the weapon or dangerous instrument used in the assault.
Assault with a deadly weapon or dangerous instrument is considered an aggravated assault in Arizona. A deadly weapon is any object designed for lethal use, such as a firearm. A firearm must not be permanently inoperable for it to be classified as a deadly weapon.
A dangerous instrument is any object used, attempted to be used, or threatened to be used in a manner capable of causing death or serious injury. If an object is not inherently dangerous, it is up to the judge or jury to determine whether the defendant used it in a dangerous manner. The law considers an object a dangerous instrument only if it causes greater or different injuries than what might have been inflicted by an unaided human body part, or if it has been wielded as a weapon.
In the realm of aggravated domestic violence, assaults particularly relate to acts of strangulation and suffocation. These incidents escalate to the level of aggravated assault when the perpetrator:
Aggravated assault, depending on the severity and nature of the crime, can be categorized anywhere between a Class 6 felony (the least severe) and a Class 2 felony (the most severe). The following outlines the prison sentences for first-time aggravated assault convictions:
However, it’s crucial to note that charges for aggravated assault do not equate to an automatic conviction. The burden of proof lies on the prosecutor who must demonstrate that the defendant fulfilled each requisite aspect of the crime, beyond a reasonable doubt. Should there exist any uncertainties or skepticism from the judge or jury, the charges might be lessened or dismissed entirely.
Seek legal representation from our criminal defense attorney in Arizona is important to help you navigate the complicated court proceedings and build the most effective defense strategy.
When accused of assault in Arizona, it is paramount to have proficient legal assistance to guide you through the complexities of the legal system and ensure your rights are protected. Snader Law Group, spearheaded by Attorney Howard A. Snader, is an exemplary choice for several reasons:
Choosing Attorney Howard A. Snader and the Snader Law Group means entrusting your case to highly experienced legal counsel that is relentlessly devoted to minimizing legal repercussions and working towards the most favorable outcome possible for you.
If you’re facing an aggravated assault charge, Snader Law Group can help. Our legal team will carefully review your case and develop the best possible defense strategy tailored to your specific situation.
Our law firm can also provide legal guidance in the following areas:
Let us fight for your rights and protect your future. Contact Snader Law Group today!
