What is aggravated assault?

Assault offenses can vary in severity. Some cases are considered “simple” assaults, while others include aggravating factors that can lead to steeper sentences. To be found guilty of aggravated assault, the state must prove the underlying elements of simple assault plus at least one aggravating factor set out by statute.

What are the basic ways an underlying assault can occur?

The underlying offense can occur in different ways, including an intentional act that results in someone else getting physically harmed, physical touch intended to result in offense or harm, or placing someone else in the fear of imminent harm—even without touching them.

What are examples of aggravating factors for aggravated assault in Glendale?

Examples of aggravating factors listed include inflicting grave injuries, using physical restraints on a person, assaulting a law enforcement officer, harming someone under the age of 15, and using a deadly weapon in the attack.

Glendale Aggravated Assault Lawyer

Q: What does the state have to prove to convict someone of aggravated assault?

To be found guilty of aggravated assault, the state must be able to prove the underlying elements of simple assault in addition to the existence of at least one aggravating factor.

Q: How can someone defend against aggravated assault charges?

Defense strategies can include holding the state to its burden of proof by highlighting a lack of evidence, alleging the wrong person was arrested, seeking to exclude evidence based on a violation of the defendant’s constitutional rights, or arguing that a crime was not committed at all. A defense may also focus on whether an aggravating factor exists or whether any underlying assault occurred in the first place.

Glendale Aggravated Assault Attorney

There are serious risks that come with facing allegations of aggravated assault. While any conviction for a violent crime is a serious matter, this offense has the potential to change your life forever.

There are few situations where it is more important to hire a seasoned assault defense attorney than when the state brings aggravated assault charges. A conviction could cost you years of your life and thousands of dollars in fines. Don’t be late in calling! A Glendale aggravated assault lawyer from Grand Canyon Law Group can review your case, advise you of the legal jeopardy you face, and advocate on your behalf at trial.

For a free legal consultation with an aggravated assault lawyer serving Glendale, call 480-400-5555

UNDERSTANDING THE AGGRAVATED OFFENSE

Assault offenses can vary in severity. While some cases are considered “simple” assaults, others include aggravating factors that can lead to steeper sentences. To be found guilty of the higher-level offense, the state must be able to prove the underlying elements of simple assault in addition to the existence of at least one aggravating factor.

The underlying offense can occur in different ways. The prosecution could show that the accused committed an intentional act that resulted in someone else getting physically harmed. Alternatively, this offense can involve any form of physical touch intended to result in offense or harm. Finally, placing someone else in the fear of imminent harm—even without touching them—qualifies.

For a person to be guilty of aggravated assault, they must not only meet one of the basic elements of the crime but also commit one of many specific aggravating factors set out by statute. Some examples include:

Inflicting grave injuries
Using physical restraints on a person
Assaulting a law enforcement officer
Harming someone under the age of 15
Using a deadly weapon in the attack

An aggravated assault attorney in Glendale can develop a defense strategy under any of these circumstances. Call us if any of these apply to you!

Glendale Aggravated Assault Lawyer Near Me 480-400-5555

DEFENDING AGAINST THESE CHARGES

Any person who is accused of this offense has the right to mount a vigorous defense. Determining the best possible defense strategy can be one of the most challenging parts of this process. For some people, the best approach is to simply hold the state to its burden of proof, which means highlighting the lack of evidence against the accused instead of developing an alternative theory of the case. Other strategies might involve alleging the wrong person was arrested, excluding evidence based on a violation of the defendant’s constitutional rights, or argue that a crime was not committed at all.

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FIGHTING BACK AGAINST THESE CHARGES

There are many ways for the state to establish guilt in an assault prosecution. The fact that this offense covers such a broad range of behavior means there cannot be a one-size-fits-all defense approach that will work in every situation.

When a Glendale attorney from Grand Canyon Law Group develops a defense strategy for aggravated assault, they take the facts of the case into account. For example, an attorney might argue over whether or not the alleged victim’s injuries were serious enough to qualify as an aggravating factor.

Each defense strategy will focus on showing the state has failed to meet their burden of proof. In some cases, this might focus on attacking the existence of an aggravating factor. In others, the strategy could involve arguing that no underlying assault ever occurred in the first place.

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REACH OUT TO A GLENDALE AGGRAVATED ASSAULT ATTORNEY TODAY

When you are dealing with the prospect of incarceration or debilitating monetary fines, you could find peace of mind through discussing your case with a criminal defense attorney who is committed to helping YOU. The right defense strategy from the Grand Canyon Law Group could make all the difference in your case. Call a Glendale aggravated assault lawyer today to learn more.

Call or text 480-400-5555 or complete a Free Case Evaluation form