Facing criminal charges can be an overwhelming experience, especially when it involves something as serious as assault. Whether you or a loved one has been charged with these offenses, it is important that you fully understand the implications and your legal options. In this blog, we will cover everything you need to know about assault charges in Northern Arizona, including how a criminal defense lawyer in Flagstaff can help protect your rights and freedom.
What is Assault?
In Arizona, assault occurs when someone intentionally, knowingly, or recklessly causes physical injury to another person, makes another person reasonably fear imminent physical injury, or touches another person with the intent to injure, insult, or provoke them. Assault does not require physical contact; even a threat of harm can be considered assault if it causes fear in the victim.
What is Battery?
Battery, on the other hand, involves the actual physical contact or harm inflicted on another person. In many states, battery is treated as a separate offense from assault, but in Arizona, the term “battery” is often included within the definition of assault. Therefore, what some states consider battery is legally considered assault under Arizona law.
Is Assault a Felony in Arizona?
The classification of assault in Arizona can vary depending on the circumstances surrounding the incident. Simple assault, where no serious injury or weapon is involved, is typically charged as a misdemeanor. However, aggravated assault, which involves serious injury, the use of a deadly weapon, or an assault on certain protected individuals (such as police officers), is considered a felony. The severity of the charges will influence the potential penalties if convicted.
Learn more about criminal charges for misdemeanors vs. felonies in Arizona:
https://flagazlaw.com/news/misdemeanors-vs-felonies-in-arizona/
What Are the Potential Penalties if You Are Convicted?
If you are convicted of an assault charge in Northern Arizona, the penalties can be severe and life-changing. The exact penalties depend on whether the assault is classified as a misdemeanor or a felony.
Possible Punishment for Misdemeanor Assault:
A conviction for a misdemeanor assault charge can result in up to six months in jail, fines up to $2,500, and probation. Additionally, you may be required to attend anger management classes or perform community service.
Possible Punishment for Felony Assault (Aggravated Assault):
Convictions for aggravated assault in Arizona carry much harsher penalties, including prison sentences ranging from 18 months to 15 years, depending on the severity of the offense. The minimum sentence for aggravated assault in Arizona is typically 18 months, but this can increase significantly based on the circumstances, such as the presence of prior convictions or the level of harm inflicted.
How a Criminal Defense Lawyer in Flagstaff Can Help
When facing assault charges, you need a skilled criminal defense lawyer in Flagstaff on your side. An experienced lawyer will support you throughout the legal process, working tirelessly to protect your rights and help you achieve the best possible outcome for your case.
A criminal defense attorney will:
Investigate Your Case
A thorough investigation is key to building a strong defense. Your lawyer will gather all relevant evidence, interview witnesses, and review the circumstances surrounding your arrest to identify any potential violations of your rights or weaknesses in the prosecution’s case.
Conduct Jury Selection
If your case goes to trial, selecting an impartial jury is crucial. Your lawyer will carefully evaluate potential jurors to ensure a fair trial and will challenge any jurors who may have biases that could negatively affect your case.
Represent You in Court
Your lawyer will represent you in court, presenting your defense, cross-examining witnesses, and challenging the prosecution’s evidence. A strong courtroom defense can make a significant difference in the outcome of your case.
Assist With Plea Bargaining & Sentencing
In some cases, negotiating a plea bargain may be in your best interest. Your lawyer can work with the prosecution to negotiate a deal that reduces your charges or minimizes your sentence. If a plea bargain is not an option, your lawyer will advocate for a fair sentence during the sentencing phase.
Schedule a Free Consultation on Your Assault Case
Assault charges are serious, with potential consequences that can impact your life for years to come. If you or a loved one is facing assault charges in Northern Arizona, don’t navigate the legal system alone. Contact Antol & Sherman today to schedule a free consultation with an experienced criminal defense lawyer in Flagstaff. Let us help you protect your rights and work towards the best possible outcome for your case.