Fight for your rights when charged with aggravated assault with a deadly weapon
In Arizona, aggravated assault with a deadly weapon is a very severe crime. Being convicted of aggravated assault with a deadly weapon can have far-reaching consequences for the rest of your life. If you are charged with assault accusations, you must choose an aggravated assault with a deadly weapon attorney in Phoenix, AZ, who will fight for your legal rights, such as Snader Law Firm.
Snader Law Firm is a reputable law firm located in Phoenix, Arizona, serving clients in the area for many years. The firm’s primary area of practice is criminal defense.
Our attorneys at Snader Law Firm have extensive experience and knowledge of the criminal justice system in Arizona, and we are committed to providing our clients with the highest level of legal representation. We understand that facing criminal charges can be a stressful and overwhelming experience, and we will work tirelessly to protect our clients’ rights and achieve the best possible outcome in every case.
If you are facing criminal charges for aggravated assault with a deadly weapon in Phoenix, AZ, we can help. We offer a free case evaluation to discuss your case and provide you with an honest assessment of your legal options.
Why Do I Need an Aggravated Assault with a Deadly Weapon Attorney in Phoenix, AZ?
Being convicted of aggravated assault with a deadly weapon in Phoenix, Arizona, can severely jeopardize your liberty, such as five years minimum and 15 years maximum imprisonment. A criminal conviction might have long-term ramifications. You will need a skilled aggravated assault attorney to guide you through the procedure while protecting your rights.
While selecting an attorney, you must consider how you want them to assist you in your legal matter. Here are some qualities that an attorney should have:
- Experience in Similar Cases: One factor to consider when selecting the best-aggravated assault lawyer for you is their track record in past cases. Choose an attorney who focuses on the areas where your situation requires it. Snader Law Firm has demonstrated throughout the years that we can handle any problem. We cover everything from sex offenses, drug crimes, thievery, and domestic abuse. We’re here to help you.
- Availability: When hiring an attorney to represent you in an aggravated assault lawsuit, search for an attorney who will be reachable during critical phases of your trial. A top aggravated assault attorney should be able to reply to your queries quickly or provide you with a schedule for getting a reply. Fortunately, our attorneys at Snader Law Group are here to help when you need them.
- Knowledge of State Statutes: In your situation, hiring an aggravated assault attorney well-versed in local legislation is the best option. Thankfully, our litigation attorneys have a thorough knowledge of Arizona law.
If you’ve been accused of aggravated assault, you need the best-aggravated assault lawyer. You need one that focuses solely on criminal defense and has a strong track record of successful outcomes for clients accused of severe offenses. Your future is in jeopardy. Therefore, don’t make the mistake of hiring an unskilled lawyer, a general practice lawyer, or a public defender. Call us or message us through our website.
What is Aggravated Assault?
Aggravated assault is physically assaulting another person and causing significant bodily damage; or assault with a lethal or dangerous weapon such as a gun, knife, ax, or blunt object. Aggravated assault is often a crime punishable by state incarceration.
What is the Difference Between Simple and Aggravated Assault?
Simple assault is the least severe type of assault and generally involves small or no bodily harm done to the victim or a limited threat of violence. Some instances are slapping, punching, shoving someone, hair pulling, or pounding a wall near a victim. However, if these acts cause substantial damage, the offense is no longer considered simple assault.
Aggravated assault refers to conditions that increase the severity of the offense in terms of injuries or the possibility of injury. Aggravated assault examples include:
- hitting or making threats to attack a person with a weapon or deadly thing,
- firing a person with a pistol or threatening to murder someone while pointing a gun at the victim,
- perpetrating substantial bodily harm on a person, and
- attacking a member of a protected class, such as a police officer, a healthcare practitioner, a community services worker, or a physically-handicapped or senior individual.
What is Aggravated Assault with a Deadly Weapon?
Aggravated assault with a deadly weapon is a felony involving the perpetrator using or threatening to use a lethal weapon in the conduct of the attack.
What are Deadly Weapons?
Under Arizona law, felony assault with a deadly weapon encompasses both a “deadly weapon” and a “dangerous instrument” (A.R.S. 13-1204). According to Arizona law, A.R.S. 13-105 (15), a thing constitutes a “deadly weapon” if it was designed to be fatal or capable of causing death.
Some examples of lethal weapons are handguns, assault weapons, or other firearms, as are nunchakus, brass knuckles, daggers, machetes, explosives, combat knives, or other knives with deadly blades.
A person may also be prosecuted for aggravated assault with a deadly weapon if they employ a mimicked weapon or what is known as a “dangerous instrument” under the law.
A “dangerous instrument” is defined in A.R.S. 13-105 (12) as a thing that, if used or coerced with use, might inflict death or serious injury in specific scenarios.
Deadly items that are not designed to kill are effective in doing so. Some examples include hockey sticks, baseball bats, hammers, box cutters, screwdrivers, and bricks.
Whenever an intoxicated or drug-impaired driver leads to an unfortunate accident that leads to mortality, the vehicle is indeed a hazardous instrument that qualifies as a deadly weapon or dangerous instrument (A.R.S. 13-1204.)
What are the Penalties in Arizona for Aggravated Assault with a Deadly Weapon?
In Arizona, aggravated assault with a dangerous weapon is categorized as a Class 3 felony. This implies that if convicted of a crime of this accusation, you will receive a jail sentence for at least five years and a maximum of 15 years. You might potentially face a $150,000 fine (Ariz. Rev. Stat. Ann. 13-1204, 13-701, 13-704, 13-801).
If you perpetrate aggravated assault with a dangerous weapon against a peace officer, prosecutors, or anyone under 15 years old, you will be prosecuted with a Class 2 felony. Due to the unique conditions of the offense, this is punishable by seven to 21 years in jail and a fine of up to $150,000 (Ariz. Rev. Stat. Ann. 13-1204, 13-701, 13-801).
Furthermore, the court can identify aggravating elements in the offense. Threats or harm to the victim’s relatives and close companions are other aggravating elements. A heavier punishment might also be issued if the offense was done in an incredibly hostile manner. Moreover, any past previous convictions may result in heavier penalties.
The court, on the other hand, may opt to consider mitigating reasons while choosing your fate. They may also include your age, previous legal history, cognitive competence, and involvement in the assault. In rare situations, mitigating considerations might result in a reduced sentence (Ariz. Rev. Stat. Ann. 13-701, 13-704).
What are the Potential Defenses to an Aggravated Assault Charge?
A sentence for aggravated assault can have significant consequences in your life. Not to mention that being convicted of an offense instantly revokes your gun ownership, along with numerous other constitutional protections, which might make it harder to obtain employment later on. If you have been charged with aggravated assault, you should think about what potential arguments you have in your case. Again, having a skilled criminal defense attorney on your behalf may have a critical impact.
A criminal defense lawyer will be capable of talking with you, examining the circumstances of your case, and recommending the most suitable option for you. The main objective of using these arguments is to have your charges lowered or even dismissed.
There are several possible defenses to a charge of aggravated assault.
- Self-Defense: The plaintiff’s self-defense is perhaps the most commonly employed defense. This could be your situation if you thought you were in danger because another individual made hostile motions toward you. As a result, you behaved to protect yourself from an imagined threat. It can be challenging to establish that a plaintiff was protecting themself, particularly when the other party suffers catastrophic damage.
- There is no current threat: Another potential argument for an aggravated assault allegation is if you can prove that the individual claiming to have been attacked was never threatened. The plaintiff has to verify that the individual had no cause for concern, which might be challenging (but is not impossible). For example, in certain circumstances, the “victim” may have been under the influence of drugs and/or alcohol, prompting them to sense a danger that didn’t exist.
- Miranda Rights and related infringements: Various objections can also be raised as a rebuttal to an aggravated assault allegation. The most prevalent is a breach of Miranda Rights. Law enforcement officers in Arizona are obligated to give you your Miranda Rights whenever they interrogate you about an aggravated assault accusation (or any other criminal charge). You may have been pressured into compromising confessions to law enforcement when you were uninformed of your privileges. Correspondingly, the proof acquired and utilized to prosecute you in the first place may be deemed defective, and your charges may be dismissed.
Justification Arguments Commonly Utilized in Arizona Law
When it comes to aggravated assault, these are the most prevalent cause given by Arizona residents.
- Self-Defense (Arizona Revised Statutes 13-404);
- A.R.S. 13-412; duress
- Protection of one’s house or property from danger (A.R.S. 13-407 & 408):
- A sensible person feels that urgent physical force is required to safeguard themselves from the use or attempted use of unlawful physical force by another (A.R.S. 13-403).
- In reaction to the use of lethal force (A.R.S. 13-405)
- Protection against another’s menacing display or threat of a weapon (13-3-421);
- Forcible entrance of an intruder into an inhabited dwelling or automobile (13-419);
- Use of force in protecting a residence, inhabited structure, or vehicle (13-418).
- Psychosis (A.R.S. 13-204 (A) 1);
- Domestic Violence Previous actions and mental state; (A.R.S. 13-415);
- Explanation; protection of a third party (A.R.S. 13-406)
Call our Aggravated Assault with a Deadly Weapon Attorney in Phoenix, AZ, Now!
The previous factors mentioned make it critical to have an attorney who understands your entitlements and can help you to select the right choices possible throughout this grueling process. The aggravated assault attorney at Snader Law Group focuses on providing legal counsel for even the most severe aggravated assault with deadly weapon accusations.
We will not give up your liberties until you have each reasonable choice and mitigation plan accessible. Snader Law Group is a law office in Phoenix, Arizona, that can assist you with various legal problems, including domestic abuse, sex crimes, theft crimes, drug crimes, and violent crimes. Make an appointment for a case assessment if you have been charged with aggravated assault with a deadly weapon in Arizona!