Assault Attorney in Gilbert, AZ
If you went to trial and were convicted of a criminal offense, you may feel unsure or scared about what the future holds. However, the law still allows individuals to appeal their case if the judge, the prosecutor, or even their own Gilbert assault lawyer made a mistake in determining it.
If you believe your case was not handled properly, you should take the time to speak with one of our highly trained and experienced attorneys at the Grand Canyon Law Group. A Gilbert appeals lawyer can help determine whether an error was made in your case and fight to have your appeal heard. Call today to get started.
For a free legal consultation with an assault lawyer serving Gilbert, call 480-400-5555
HOW IS ASSAULT DEFINED IN ARIZONA?
Assault in Arizona is defined under A.R.S. 13-1203 as intentionally causing injury, placing someone in reasonable fear of imminent physical harm, or touching another person with the intent to provoke or insult them. Assault charges range from Class 3 to Class 1 misdemeanors. Aggravated assault is charged as a felony.
Gilbert Assault Lawyer Near Me 480-400-5555
HOW IS AN APPELLATE ATTORNEY DIFFERENT FROM A TRIAL ATTORNEY?
A trial attorney is at a person’s side from the planning stages, pretrial preparations, evidentiary hearings, jury selection, arguing against the prosecution’s evidence before a jury, to the final verdict and conviction. On the other hand, an appeals attorney’s strengths focus on the following elements:
- Knowing the relevant assault laws. Procedural rules for a case on appeal differ from those used in a criminal trial.
- Knowing the issues. A seasoned appeals lawyer knows how to identify the legal and factual issues that are most likely to win on appeal.
- Understanding the case. The right appellate attorney will bring a fresh perspective to the situation and help decide how to proceed during the appeals process.
- Understanding the court. Appeals from the Gilbert Municipal Court at 55 E Civic Center Dr are heard in the Maricopa County Superior Court. An appellate attorney will have experience in this court setting.
The Arizona Attorney General has released a pamphlet, The Criminal Appeals Process, which defines the terms you will need to know. Since selecting the right attorney for your appeal is essential to a good outcome, we invite you to contact our attorneys at the Grand Canyon Law Group to discuss your case.
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THE APPEALS PROCESS IN GILBERT CRIMINAL CASES
Since the appeals process focuses on errors and omissions at the trial level, an appellate attorney must have a reason to file an appeal on behalf of the convicted individual.
FILING A DIRECT APPEAL
Within 20 days after being sentenced by a jury, the defendant must file a Notice of Appeal and, thereafter, an Opening Brief with the appeals court. The State of Arizona, through its prosecutor, will file an Answering Brief in response to the Opening Brief. The appellate attorney can file a Reply Brief before the case is handed over to the judge or judges who will decide the appeal.
The court can also schedule, at its discretion, an Oral Argument between the prosecutor and the appellate attorney. Once all briefings and arguments are complete, the appeals court will affirm, modify, remand, or reverse the trial court’s decision. A Gilbert criminal appeals attorney will use all of their analytical, writing, and oratory skills to help convince the judges that the outcome of your case should be reversed in your favor.
POST-CONVICTION RELIEF PETITIONS
Post-Conviction Relief (PCR) petitions can also be filed by defendants who chose to resolve their criminal case through a plea agreement rather than going to trial. The process for filing a PCR petition is different from an appeal, but the purpose is generally the same—to fix an error that occurred in your criminal case.
The petition is filed with the trial judge who heard your guilty plea or sentenced you. PCR petitions are submitted in writing by the defense and answered in writing by the State. Oral arguments and evidentiary hearings may be held, which could include testimony from witnesses and the defendant. The court’s decision can take up to a year to affirm, modify, or reverse the original guilty verdict.
PETITIONS FOR WRITS OF HABEAS CORPUS
Petitions for Writs of Habeas Corpus are federal appeals filed with the United States District Court after all Arizona appeals are exhausted. Federal Rules of Procedure govern the appeal, including the types of claims permitted. Like the state procedure, the arguments are written, first by the appellate attorney, then by the State, after which an Evidentiary Hearing or Oral Argument may be scheduled. The District Court may take years to decide the outcome.
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WHAT HAPPENS AFTER AN ASSAULT ARREST?
No two assault cases are exactly alike, so the facts surrounding an assault arrest can vary. Sometimes, the police will arrest someone for assault when an officer witnesses the act. In these cases, the investigation may be short.
Most of the time, the police are not present for an alleged assault. In such situations, the police will interview witnesses and seek other evidence before making an arrest.
PROCESSING AT THE POLICE STATION
When a person is arrested for assault in Gilbert, they will be processed at the police station. This involves collecting their fingerprints and checking for active warrants. Sometimes, the police will arrest the person following this process, especially in misdemeanor cases. More serious charges might require them to remain in custody until their arraignment.
ARRAIGNMENT FOR ASSAULT
The arraignment is the first court appearance following an arrest for an assault. At this hearing, the accused has the chance to plead guilty or not guilty. Pleading not guilty provides time to build a defense strategy before trial.
It is crucial to secure legal counsel from an experienced Gilbert lawyer immediately after an arrest for an assault. In many cases, a lawyer could work to get the charges dropped. If someone charged with assault is in custody, an attorney could help obtain their release before the arraignment date.
YOUR RIGHTS AFTER AN ASSAULT ARREST
Anyone arrested for assault has the right to remain silent. However, the police may still try to ask questions after a person’s arrest. Many people arrested for assault talk to the police about their case, which only makes things worse.
Anyone arrested on assault charges should remember that they have the right to remain silent—and the right to speak with a seasoned Gilbert attorney. After an arrest, they can refuse to discuss any aspect of their case without legal counsel present. This right exists to protect a person from self-incrimination.
Being arrested for assault can be stressful, but it does not always lead to a criminal conviction. This is important, as only a conviction carries penalties such as jail time or fines. Anyone arrested for assault can fight back against the charges with help from a relentless attorney at our firm. An aggressive defense strategy could lead to an acquittal at trial or even force the state to dismiss all charges.
ASSAULT ALEGATIONS
Assault allegations are common in Gilbert criminal courts, whether charged as misdemeanors or felonies. Regardless of the specific accusation, you need guidance from skilled legal counsel to fight for your interests and pursue a positive outcome in your case.
If you have been arrested for assault, it is a good idea to speak with legal counsel right away. An attorney could help you understand the potential consequences you face if you are convicted. They could also help you develop a defense strategy that helps you beat these charges.
WHAT EVIDENCE WILL POLICE LOOK FOR IN AN ASSAULT INVESTIGATION?
To convict someone of any criminal offense, the prosecution must prove every element of the offense, as it is defined under state law, was present in what the defendant did “beyond a reasonable doubt.”
THE INVESTIGATION
The main purpose of assault investigations in Gilbert is to establish that someone harmed another person accidentally or intentionally, made aggressive physical contact with them, or placed them in reasonable fear that they were about to be physically harmed. In cases involving aggravated assault, one of several specific aggravating conditions was also present.
Investigators will conduct multiple rounds of interviews with everyone allegedly involved in a suspected assault, as well as anyone who witnessed the altercation, its preceding events, or its aftermath.
They may also look for documentary evidence like surveillance camera footage, text communication between the parties involved, and medical reports detailing injuries caused by the alleged assault. A qualified legal professional at Grand Canyon Law Group can offer more specific information about what evidence might be relevant to an assault investigation.
HANDLING AN ASSAULT INVESTIGATION
Assault cases typically cannot be won during the investigative stage, but they can absolutely be lost. Any poorly phrased answer to an investigator’s question or piece of information volunteered unnecessarily could be used against that person. The same is true of statements made to people allegedly involved in the incident in an attempt to smooth things over or avoid more legal trouble.
Certain actions, like hiding or destroying evidence, can result in additional criminal charges that may be punished more severely than the assault charge. With this in mind, it is wise to be cooperative with investigators while letting legal counsel take the lead whenever possible during assault investigations in Gilbert.
Being investigated by police after an accusation of assault does not guarantee you will end up being convicted or even charged with any criminal wrongdoing. That said, what you do during an ongoing investigation can affect the direction the rest of your life takes, especially if the allegations against you constitute a felony offense.
WHY HIRE AN ASSAULT LAWYER?
In 2024, there were 244 cases of aggravated assault in Gilbert, AZ, representing a 23.11% increase over last year’s numbers. Of the cases opened, 57.04% of them were cleared. These statistics account for only one type of assault. Simple assaults were not tracked by the local police department.
If you’re facing charges of either simple or aggravated assault, you need to hire an assault lawyer right away. Your lawyer can help you understand the nature of the charges being brought against you and the possible penalties you might face should you be convicted. They can then work hard to provide you with vigorous representation and sage legal advice that could help you receive a positive outcome in your case.
FAQs
Q: What Three Elements Must Be Present to Prove an Assault Occurred?
A: The three elements that must be present to prove an assault occurred are that the act was willful or intentional on the part of the defendant, that the victim had a reasonable fear or expectation of immediate harmful or offensive contact, and that the alleged perpetrator had the present ability to carry out the threat.
Q: Can Someone File a Civil Claim Against Me for Assault?
A: Someone can file a claim against you for assault, regardless of the outcome of your criminal case. Civil proceedings differ from criminal cases, and the standard of proof is lower. While a criminal prosecutor must prove your guilt beyond a reasonable doubt, the plaintiff in a civil case must only provide a preponderance of evidence showing it’s more likely than not that their claims are true.
Q: What Evidence Do You Need to Prove Assault?
A: The evidence you need to prove assault includes evidence that demonstrates an intentional act caused an alleged victim a reasonable fear of imminent harm or offensive contact. That could include victim testimony, eyewitness accounts, police reports, medical records of injuries, or surveillance footage. Electronic evidence, such as threatening text messages, can also be helpful in proving an assault case.
Q: What Are the Three Types of Assault?
A: The three types of assault can be generally defined as simple, aggravated, and sexual assault. Simple assault involves intentional threats or non-weaponized physical contact. Aggravated assault involves the intent to cause grievous bodily harm, typically involving the use of a deadly weapon. Sexual assault involves unwanted sexual contact. Some also consider domestic violence its own type of assault.
A GILBERT APPEALS ATTORNEY CAN HELP
Many arrests for criminal assault in Arizona happen at the scene of the alleged offense immediately after it happened. However, someone could face this charge as a result of a law enforcement investigation into their actions.
An assault charge following an investigation can be tricky to fight effectively because there are more chances to harm your defense while interacting with – or being observed by – investigators. You’ll need a skilled Gilbert assault attorney on your side to help you avoid the worst assault penalties.
You should not give up hope if you have been convicted of a crime in Arizona. Sometimes, mistakes are made at your trial that should be reviewed and could change the outcome of your case, following charges for battery. Contact a Gilbert appeals lawyer to discuss a plan for your post-conviction relief. Our law office professionals are standing by to help you. Your first consultation is free.
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