Defend Against Aggravated Assault Charges in Arizona
When you are facing charges of aggravated assault with serious physical injury or disfigurement, the stakes are high, and getting the right lawyer is crucial to your defense. Our Phoenix defense attorney understands the gravity of these charges and the life-altering consequences they entail.
With our deep understanding of the legal intricacies and our relentless dedication to protecting our clients’ rights, Snader Law Group provides comprehensive Arizona criminal and family legal services aimed at providing you with the best defense. We offer a free case evaluation to discuss your case and provide you with an honest assessment of your legal options.
What is aggravated assault with serious physical injury or disfigurement?
A charge of aggravated assault with serious physical injury or disfigurement refers to a specific type of assault that involves intentionally causing severe bodily harm or disfiguring another person. The severity of the victim’s injuries makes it a serious criminal offense as opposed to simple assault.
Arizona defines aggravated assault with serious physical injury or disfigurement as an assault with the following elements:
- Intent: The offender must have intended to cause harm to another person. This can include the intent to cause serious physical injury or to disfigure the victim.
- Severity of Injury: The resulting physical injury inflicted upon the victim must be significant, causing substantial harm that goes beyond minor injuries. This can include injuries such as broken bones, severe lacerations, internal injuries, or other injuries that require extensive medical treatment.
- Disfigurement: Alternatively, the assault may involve intentionally causing disfigurement, which refers to permanently altering the victim’s physical appearance, such as through scarring or mutilation.
What counts as a serious physical injury under Arizona law?
Under Arizona criminal law, an assault charge that results in serious physical injury may be elevated to aggravated assault.
According to ARS 13-105, a physical injury is considered serious if it causes a reasonable risk of death, serious and permanent disfigurement, serious health problems, or the loss or long-term impairment of the function of any body organ or limb.
This definition covers a wide range of injuries. Even something like a cut to the ear that leaves a permanent scar, such as in State v. Pena, 209 Ariz. 503, 505 (Ariz. Ct. App. 2005), can be considered a serious physical injury.
What are the penalties for an aggravated assault resulting in serious physical injury?
Individuals who are found guilty of aggravated assault in Arizona are generally sentenced to a presumptive prison term, according to Chapters 7 and 8 of Title 13 of the Arizona Revised Statutes. However, prison sentences can range from a minimum term of imprisonment to a maximum term of imprisonment, depending on a variety of factors. These factors can include:
- Whether a weapon or dangerous instrument was used during the assault;
- Whether the alleged offender has prior convictions;
- Whether the assault involved a minor under the age of 18;
- Whether the assault resulted in death or serious bodily injury;
- Whether the assault was mitigated; and/or
- Whether the victim was pregnant at the time of the assault
Aggravated assault that causes serious physical injuries or disfigurements is a felony in most jurisdictions and carries severe penalties. For first-time felony aggravated assault offenders, the sentencing guidelines are as follows:
- A class 6 felony aggravated assault offense can result in 18 months to three years of imprisonment, with a presumptive term of imprisonment of 27 months.
- Class 5 felony aggravated assault offenses can result in prison sentences ranging from two to four years, with a presumptive term of imprisonment of three years.
- Class 4 felony aggravated assault offenses can result in four to eight years of imprisonment, with a presumptive term of imprisonment of six years.
- Class 3 felony aggravated assault offenses can result in five to 15 years of imprisonment, with a presumptive term of imprisonment of 7.5 years.
- Class 2 felony aggravated assault offenses can result in seven to 21 years of imprisonment, with a presumptive term of imprisonment of 10.5 years.
If you are a repeat offender, you can expect stricter penalties for this conviction. Additionally, felony aggravated assault offenders may be required to pay a fine of up to $150,000.
Due to how serious the charges are and how they could affect a person’s life, anyone who is accused of aggravated assault with serious physical injury or disfigurement should get a lawyer right away to protect their rights, build a strong defense, and get through the legal process smoothly.
How does a defense lawyer help in complex assault cases?
To put it simply, having legal representation is vital in serious assault cases. Here are just a few of the reasons why:
- Knowledge of the legal system: Complex assault cases involve intricate legal procedures, rules of evidence, and potential defenses. Attorneys possess a deep understanding of the legal system, ensuring that your case is handled appropriately and in compliance with relevant laws and regulations.
- Protection of rights: A skilled attorney serves as a dedicated advocate, safeguarding your constitutional rights throughout the legal process. They ensure that you are treated fairly, your due process rights are upheld, and any violations or infringements are addressed promptly.
- Case assessment and strategy: attorneys analyze the specific details of your assault case, examining the evidence, witness testimonies, and any other pertinent information. They develop a tailored defense strategy, identifying strengths, weaknesses, and potential avenues for challenging the prosecution’s case.
- Evidence gathering and preservation: Attorneys have the resources and expertise to conduct a comprehensive investigation, collecting evidence crucial to your defense. They interview witnesses, review surveillance footage, gather medical records, and employ forensic experts when necessary. By preserving and presenting evidence effectively, they strengthen your case and challenge the prosecution’s arguments.
- Negotiations and plea bargaining: In complex assault cases, attorneys engage in negotiations with the prosecution to seek a favorable outcome. They possess the negotiation skills and legal knowledge to explore potential plea bargains or reduced charges, advocating for your best interests while considering the potential consequences of various options.
If you or a loved one has been accused of aggravated assault causing physical injury or disfigurement, Snader Law Group is here to help. Our trusted Phoenix criminal defense attorney will provide the best assistance and representation you need.
Can I represent myself to defend against charges of aggravated assault?
While you can choose to represent yourself, it’s crucial to have an experienced Arizna criminal lawyer defend you against serious charges. Here’s why you need an aggravated assault lawyer in Phoenix, Arizona:
- In-depth knowledge of Arizona laws: Aggravated assault laws can vary from state to state. An attorney who is well-versed in Arizona’s laws pertaining to aggravated assault with serious physical injury or disfigurement will have a comprehensive understanding of the legal framework and can effectively navigate the specific nuances of the state’s legal system.
- Understanding sentencing guidelines: Aggravated assault charges involving serious physical injury or disfigurement carry severe penalties in Arizona. A skilled lawyer will be familiar with the sentencing guidelines and potential consequences associated with these charges. They can help you understand the potential outcomes and develop a defense strategy tailored to minimize the impact on your life.
- Protection of your rights: An attorney will safeguard your constitutional rights throughout the legal process. They will ensure that your rights to due process, fair treatment, and protection against self-incrimination are upheld. They will also prevent any violations or abuses of your rights, ensuring a fair and just legal proceeding.
- Building a strong defense: Aggravated assault cases with serious physical injury or disfigurement require a robust defense strategy. A specialized lawyer will assess the details of your case, gather evidence, interview witnesses, and consult with experts to build a strong defense on your behalf.
- Experience in negotiation and trial: A seasoned Arizona criminal lawyer with experience in aggravated assault cases will be skilled in negotiation and trial advocacy. They can engage in plea bargaining with the prosecution to seek reduced charges or alternative sentencing options.
Call our Phoenix Defense Lawyer for Aggravated Assault With Serious Physical Injury or Disfigurement!
If you are being charged with aggravated assault with serious physical injury or disfigurement, you need a skilled lawyer who knows the pain and difficulties of such cases. At Snader Law Group, we use our experience handling aggravated assault cases involving severe physical injury or disfigurement to craft a strong defense strategy that is tailored to your particular case.
We have offices in Phoenix and throughout the state of Arizona to better assist you with various legal problems, including domestic abuse, sex crimes, theft crimes, and more. Contact us to get started today!