Glendale Assault Attorney
Many people face assault charges for various reasons, and it is important to note that assault charges do not require a person to cause physical harm to another. If the prosecution has evidence to prove that your actions would cause a reasonable person to fear their safety, the court can convict you for assault.
Although it is a common offense, it is essential to take the charges seriously, as a conviction on your permanent criminal record will significantly impact your future. After an arrest or if you are under investigation for assault, take action by reaching out to a hardworking attorney at Grand Canyon Law Group. A Glendale assault lawyer can advise you on building a solid defense in your case.
For a free legal consultation with an assault lawyer serving Glendale, call 480-400-5555
CLASSIFYING ASSAULT CHARGES IN GLENDALE
As per Arizona Revised Statute 13-1203, the state classifies assault as intentionally causing physical harm, recklessly causing injury, or threatening to harm another person, causing them to fear their safety. Touching a person to provoke, insult, or cause harm to them can also lead to assault charges. A seasoned local attorney can further explain the statutes for assault charges and sentencing.
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PENALTIES FOR ASSAULT AND BATTERY
A first-time assault conviction will lead to a misdemeanor on the defendant’s permanent criminal record. However, a person could receive a class one, two, or three assault conviction depending on the circumstances of their case. Regardless of the classification of the charges, repeat offenses will likely lead to increased penalties.
CLASS ONE MISDEMEANOR ASSAULT
For an individual to receive a class one misdemeanor conviction, the evidence must show they intentionally caused physical injury or harm to another. The statute does not require that the damage be severe. The penalties for a guilty conviction include anger management classes, up to six months in jail, steep fines, and probation.
CLASS TWO MISDEMEANOR ASSAULT
If the state can successfully prove the defendant’s actions caused another to fear for their safety from imminent danger, the court could convict them for a class two misdemeanor assault. The penalties include up to four months in jail, anger management classes, probation, and fines.
CLASS THREE MISDEMEANOR ASSAULT
A court could find a person guilty of class three misdemeanor assault if the prosecutor successfully proves they touched another to harm, provoke, or insult them. The potential penalties include up to 30 days in jail, restitution and fines, anger management classes, and probation.
AGGRAVATED ASSAULT CONVICTIONS
An aggravated assault conviction is the most severe assault conviction. This charge is a class three felony with a potential prison sentence of five to 15 years for a first offense. A defendant facing aggravated assault charges with previous offenses on their criminal record will face harsh penalties.
A conviction for a second offense could result in up to 20 years in prison, and a third conviction could mean up to 25 years. The court could also elevate an assault from a misdemeanor to a class six felony if the defendant has a prior conviction. When the stakes are this high, it is critical to work with a relentless attorney with experience defending assault cases in Glendale.
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WHEN CAN POLICE MAKE AN ARREST FOR ASSAULT?
Officers can only take someone into custody when they have probable cause that a crime occurred. An arrest does not require absolute proof of guilt, just enough evidence to establish there are grounds for an arrest.
The police occasionally witness these acts, but in most situations, they base their arrest on the word of another person. They can pursue charges even when the accused person disputes the facts of what happened.
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STEPS TO TAKE
After you are arrested for assault in Glendale, you are typically processed by law enforcement at the nearest jail. For first-time offenders, it is not uncommon to be released with only a promise to appear in court at a future date—also known as being released on your own recognizance.
One of the most important steps for the defendant is speaking with an attorney. Experienced legal can help you secure a bond and get out of jail when the police do not release you on your own.
An attorney can also help you determine your best path forward. The right approach often involves a thorough investigation of your arrest and a review of the evidence the state intends to use against you.
While your case is pending, avoid discussing it with anyone—especially law enforcement. Anything you say can be used against you, so avoid talking about the arrest to anyone but your lawyer.
WHAT WILL HAPPEN NEXT?
You could face many possible outcomes following an arrest for assault in Glendale. In some instances, the prosecution might decline to pursue a criminal case against you, but often the charges will move forward.
Facing charges does not mean you are at their mercy, however. The defendant is entitled to a vigorous defense, and a lawyer may help them avoid a conviction by putting on the strongest argument possible. Some possible outcomes include:
DISMISSAL OF YOUR CASE
Getting the assault charges dropped is the best possible outcome following an arrest for assault in Glendale. While the prosecutor will not dismiss without a reason, an attorney could show them that the evidence is not strong enough for a conviction.
VICTORY AT TRIAL
There are times when the best thing to do is take the assault case to trial and fight for an acquittal. These allegations are often defensible, especially when the alleged incident was not witnessed by law enforcement or caught on video. If the defendant prevails at trial, they will walk away without facing any penalties.
NEGOTIATED PLEA BARGAIN
The state often moves a case forward despite lacking enough evidence to meet their burden of proof. In those situations, it might be best to consider a plea. No one wants to plead guilty to a crime but in serious cases, a plea might limit the amount of time a person is forced to serve in prison. The decision to plead guilty rests on the defendant, but an attorney can help them weigh the options.
ASSAULT INVESTIGATIONS IN GLENDALE
Being suspected of committing assault can be a distressing situation, especially when it results in a criminal charge. While there are times when the police require days or weeks to collect evidence, there are also situations where charges can come even sooner.
When you are under an assault investigation in Glendale, you could benefit from discussing your defense options with legal counsel.
SPEED OF ASSAULT INVESTIGATIONS
There are many criminal investigations—particularly those involving offenses like murder or drug trafficking—that can take years to complete. That is often not the case when it comes to an assault arrest.
Often, the police work quickly in these cases, especially when the incident occurred in the presence of a police officer. Even if the police were not nearby, the amount of time it takes law enforcement to make an arrest can be short when there are numerous neutral witnesses or the incident was captured on camera.
Law enforcement often moves forward quickly with these charges, even when there is little in the way of evidence of guilt. This is unfortunate, as it can lead to an innocent person being charged. These mistakes by the police often form the basis for a strong defense strategy.
OTHER CASES CAN TAKE TIME
Not all assault investigations are brief. Some cases require more time for the police to locate witnesses or evidence. The state has a high burden of proof when it comes to securing a criminal conviction, which is why it can take time for law enforcement to determine if their case is strong enough for an arrest.
Police efforts usually start with identifying potential witnesses. While there are many alleged assaults that occur in front of other people, some incidents occur without other witnesses present.
Witness testimony can sometimes be enough for an arrest. This can lead officers to look for additional evidence, including video of the incident, photographs of any injuries, or signs of a physical altercation.
WHAT DO THE POLICE FOCUS ON?
The police are ultimately looking for evidence that will build a strong case for a conviction during an assault investigation in Glendale. To do this, the prosecutor will need to prove the elements of the charge beyond a reasonable doubt.
This charge is governed by Arizona Revised Statute § 13-1203, which says assault occurs any time a person intentionally, knowingly, or recklessly makes contact with another person in harmful way. There are different examples of conduct that qualify under the law. A person is guilty of this offense if—with the required intent—they injured a person, touched an individual with the intention of harming them, or placed someone in fear of imminent physical harm.
The state must establish one of these facts to get a conviction. Their burden of proof is high, which gives defense attorneys an opening to fight back. Grand Canyon Law Group is composed of former prosecutors who know exactly what the opposition is looking for and can enact a strategy around this knowledge.
Facing allegations of any kind of criminal charge can be upsetting. This is especially true when the allegations against you involve causing another person harm.
The good news is that assault investigations in Glendale do not always result in arrests or convictions. Call today to learn how you might defend yourself with the help of our criminal defense attorneys.
CALL A HARD-WORKING ASSAULT ATTORNEY IN GLENDALE
Intense emotions can quickly elevate disagreements to arguments and physical altercations. Unfortunately, a moment of poor judgment could mean severe and lasting consequences that could cause many problems. Assault convictions can mean serving time in jail, paying steep fines, and a misdemeanor or felony conviction on your permanent criminal record.
Give yourself the best chances of a successful outcome in your case by reaching out to a Glendale assault lawyer. At Grand Canyon Law Group, our dedicated attorneys are former prosecutors who know how to effectively fight for your rights and way of life. Call our firm today to set up a consultation.
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