Gilbert Felony Assault Lawyer

Felony Assault Attorney in Gilbert, AZ

You face serious consequences any time you are placed under arrest for an assault charge. If you face felony assault charges, the stakes are even higher. A conviction in these cases could result in years in prison, as well as extensive monetary fines. That’s why it’s so important to find a skilled Gilbert felony assault lawyer.

Work with a Gilbert felony assault attorney to build an airtight defense and protect your way of life. Our former prosecutors, now dedicated defense attorneys, know how to handle your case the right way. Contact Grand Canyon Law Group today to get the skilled representation you need.

WHEN IS ASSAULT A FELONY?

Not every assault charge is treated as a felony offense. Many assault allegations are misdemeanors that often do not result in jail time. Our experienced attorneys in Gilbert can explain what constitutes felony assault and investigate the circumstances of the charge. Under Arizona felony assault laws, assault involves intentionally, recklessly, or knowingly harming someone else.

This offense also covers situations where a person makes someone else reasonably fear imminent harm. To be charged with felony assault, other factors must be present. For example, an assault that results in serious injuries or involves a deadly weapon is always treated as a felony. Elevated battery charges are also appropriate when the alleged victim is bound or restrained. Assaulting someone in their residence is typically a felony charge as well.

The identity of the alleged assault victim is also important. Cases that would otherwise be a misdemeanor are treated as a felony when the alleged victim is a police officer, prison guard, teacher, public defender, or worker in another public service role. Regardless of the circumstances that led to a felony assault charge, those accused need steadfast representation from a nearby lawyer.

INTENT TO ASSAULT SOMEONE

Injuring someone is not inherently assault. For the state to convict someone of felony assault, it must show criminal intent. Criminal intent is a specific mindset that involves the intent to break the law at the time of the offense.

Felony assault is a crime of intent; to obtain a conviction, the prosecution must show that the defendant caused harm through intentional, reckless, or knowing actions. Intentional acts occur when the objective is to harm someone. Knowing acts happen when someone knows their actions could result in an injury.

A person is reckless when they should have known they were putting another individual at risk of harm. Our knowledgeable Gilbert attorneys can further explain these legal concepts and how they apply in felony assault cases.

DEFENSES TO FELONY ASSAULT CHARGES IN GILBERT

A skilled felony assault attorney at our firm knows how to tailor a successful defense to the circumstances. The goal of a defense strategy can vary depending on the facts of the case. In some cases, the ideal outcome might be to reduce the charge to a misdemeanor. In other cases, a strong defense might result in an acquittal. Common defense strategies in felony assault cases include the following:

• Lack of evidence
• Self-defense
• Defense of others
• Defense of property
• Mistaken identity
• Lack of intent
• Lack of a deadly weapon present

UNDERSTANDING FELONY ASSAULT PENALTIES IN ARIZONA

The type of felony assault penalty you’ll face should you be convicted on the charges will vary depending on the class of felony they are assigned. Here’s what you can expect depending on your charges:

• Class 2 felony. You could face between three years and 12.5 years in prison.
• Class 3 felony. You could face between two years and 8.75 years in prison.
• Class 4 felony. You could face between one year and 3.75 years in prison.
• Class 5 felony. You could face between six months and 2.5 years in prison.
• Class 6 felony. You could face between four months and two years in prison.

Your lawyer may be able to get your charges reduced if you choose to take a plea bargain offered by the prosecution at any time during your trial.

WHY HIRE A FELONY ASSAULT LAWYER?

In 2024, 74% of all the violent crimes committed in Arizona were aggravated assaults. Unsurprisingly, many of these incidents occurred in Maricopa County, which has the highest violent crime rate in the state, with 224 violent crime incidents for every 100,000 residents.

If you’re one of the many people facing felony assault charges in Gilbert, you should hire a felony assault lawyer to assist with your case right away. Your lawyer can help you understand the charges against you and develop an effective defense strategy, improving your chances of a successful outcome in your case.

FAQs

Q: What Is Felony Assault in Arizona?

A: A felony assault in Arizona is usually charged as aggravated assault. This charge involves causing serious physical injuries, using a deadly weapon, or assaulting victims like teachers or police officers. If you bind or otherwise restrain the victim during the assault, or if it takes place in the victim’s home, those are also reasons to elevate it to a felony charge.

Q: Can a Lawyer Get an Assault Charge Dropped?

A: A lawyer may be able to get an assault charge dropped depending on the strength of the evidence held by the prosecution and whether your Constitutional rights were violated. If a law enforcement officer violated your rights through an unlawful search or seizure, for example, any evidence obtained from that search must be thrown out, which can leave the prosecution without the proof it needs to continue pursuing a case against you.

Q: What Is the Most Common Punishment for Felony Assault?

A: The most common punishment for felony assault in Arizona is substantial prison time and significant fines. You could face five to 15 years in prison, fines of up to $150,000, and additional felony assault penalties, such as probation and a permanent criminal record. The length of your incarceration will vary depending on the level of charges brought against you, your historical priors, and any aggravating factors.

Q: What Rights Do You Lose as a Felon in Arizona?

A: You lose several rights as a felon in Arizona. First, your conviction will result in the immediate and automatic loss of your civil rights, including the right to vote, hold any public office, serve on a jury, or possess a firearm. You may also face restrictions when applying for certain professional licenses. Being a convicted felon will also make it more difficult to find suitable housing and employment opportunities.

REACH OUT TO A GILBERT FELONY ASSAULT ATTORNEY TODAY

A felony arrest and conviction can come with life-changing consequences. When your freedom and future are at stake, you need the right attorney to fight for your interests. A Gilbert felony assault lawyer will tirelessly protect your rights throughout the legal process. Contact Grand Canyon Law Group for a consultation about your case. We believe you have a way of life worth saving.

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