Scottsdale Assault Attorney
Assault charges have serious and lasting consequences. A conviction can result in jail time, classes, and fines. Sometimes more importantly, it can have effects on your reputation, employment, and family. If this is not your first assault conviction, you face stiffer penalties.
The right Scottsdale assault lawyer will help to get the best outcome and keep you informed and educated during a process that is often confusing. They should develop a strong case strategy, negotiate with prosecutors, and investigate and argue all available defenses. Whether this is your first assault charge or third, the top-rated attorneys at Grand Canyon Law Group will work to ensure your rights are protected. We fight for the best outcome in every case, for every client.
For a free legal consultation with an assault lawyer serving Scottsdale, call 480-400-5555
SCOTTSDALE ASSAULT DEFINED
According to Arizona Revised Statutes Section 13-1203, A person can be found guilty of assault if they:
- “Intentionally, knowingly or recklessly” caused physical injury to another, or
- Intentionally placed another in “reasonable apprehension of imminent physical injury; or
- “Knowingly” touch another person with intent to “injure, insult or provoke” that person
INTENTIONALLY, KNOWINGLY, RECKLESSLY
What constitutes intentionally, knowingly, or recklessly is defined in Arizona Revised Statute Section 13-105 (10) (a-c). You act intentionally when your objective is to cause a result or engage in that conduct, such as physically injuring another. For example, when someone’s strikes another person and causes physical harm, this constitutes a deliberate act, even if they did not intend the resulting injury.
A person acts recklessly if they are “aware of and consciously disregard a substantial and unjustifiable risk” created by your act. Behavior is a “gross” deviation from the standard of conduct a “reasonable person” would do in that situation. Someone who creates a substantial and unjustifiable risk has acted recklessly.
Scottsdale Assault Lawyer Near Me 480-400-5555
ASSAULT ARRESTS IN SCOTTSDALE
When you are arrested and charged with assault, being proactive with your defense can make a big difference in how your case plays out. Contacting an attorney experienced in handling assault arrests in Scottsdale is the first step in contesting the charges and protecting your way of life.
OVERVIEW OF ASSAULT ARRESTS IN SCOTTSDALE
As defined under Arizona law, assault can occur in several circumstances. If a person purposefully, deliberately, or carelessly inflicts bodily injury upon another individual, they can be charged with assault. However, the actual infliction of physical injury need not occur for someone to be charged with assault.
Deliberately putting someone in reasonable fear that they are about to suffer bodily harm can also justify an assault arrest. These charges can also stem from deliberately touching someone intending to offend, provoke, or injure them.
FACTORS IN THE SEVERITY OF AN ASSAULT ARREST
The severity of assault charges after an arrest depends on multiple factors, including whether the alleged victim suffered bodily harm and whether the accused person acted intentionally. If the alleged assault involved carelessness or recklessness rather than intent to harm someone, this would also affect the resulting charges and potential penalties upon conviction.
Assault can be a Class 1, Class 2, or Class 3 misdemeanor. A Class 1 misdemeanor carries the harshest penalties, including up to $2,500 in fines and six months in jail, while a Class 3 misdemeanor carries a maximum period of incarceration of 30 days and up to $500 in fines. To avoid these penalties, it is best to contact a nearby attorney as soon as possible after an assault arrest.
BUILDING A DEFENSE AFTER AN ASSAULT ARREST
A skilled Scottsdale lawyer could use various defenses to fight the prosecution’s case and protect the defendant’s rights after an assault arrest. One example of a common defense is lack of intent. If the arrested person had no intention to harm or threaten the alleged victim, this could be a solid defense to mitigate or defeat the charges.
In some cases, our legal team could argue that the arrested person acted in self-defense. In other situations, our Scottsdale attorneys could work to demonstrate that the alleged victim did not suffer harm or had no reason to fear for their safety. This would undermine the prosecution’s required burden of proof to convict for assault.
The right defense will depend on the specific facts of the case. Some defenses may highlight procedural errors or rights violations rather than challenging the elements of assault. For instance, our experienced lawyers could file motions to suppress evidence resulting from rights violations during the assault arrest and investigation. Grand Canyon Law Group can take the necessary steps to protect a person’s rights after an assault arrest and pursue a favorable outcome in their case.
An arrest for assault is only the beginning of the case. It may take time before charges are formally filed, but you should not wait to start building the most aggressive defense possible. From the moment of your assault arrest in Scottsdale, a seasoned attorney can begin working to protect your rights and way of life.
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ASSAULT INVESTIGATION PROCESS IN SCOTTSDALE
When someone is being investigated for assault in Scottsdale, they should seek skilled representation even if the prosecutor’s office has not formally charged them. The seasoned attorneys at our firm have the resources, knowledge, and experience necessary to defend a person’s rights during the assault investigation process.
Our legal team could seek to get assault charges reduced or even dropped in some cases. The pre-file stage of a criminal proceeding—the period before formal charges are launched—can be instrumental to the case outcome. Our experienced lawyers in Scottsdale can review the evidence throughout the assault investigation and challenge any weaknesses in the prosecution’s case. We could also launch our own investigation by speaking with witnesses, collecting evidence, meeting with prosecutors, and evaluating all defenses to mitigate or eliminate future charges.
ASSAULT VS. AGGRAVATED ASSAULT CHARGES IN SCOTTSDALE
Assault occurs when someone deliberately, purposefully, or carelessly injures someone else. These charges can also involve allegations that the defendant deliberately made another person fear immediate bodily harm or deliberately touched them, intending to provoke, offend, or injure them. When these factors are present in addition to specific aggravating factors, an investigation for enhanced charges may ensue.
Aggravated assault is an extremely serious charge. When someone learns they are being investigated for aggravated assault, they should immediately contact a Scottsdale attorney to protect their legal rights. A conviction can carry significant jail time, fines, and other harsh penalties.
AGGRAVATING FACTORS IN AN ASSAULT INVESTIGATION
In an assault case, aggravating factors can include:
- Inflicting serious bodily harm
- Engaging in assault with the use of a deadly weapon
- Committing an assault against a minor
- Committing an assault against a law enforcement officer
If law enforcement finds evidence of these factors during their investigation, the charge may be upgraded from simple assault to aggravated assault. While assault is typically a misdemeanor, all aggravated assault charges are felonies. Different classes of misdemeanors and felonies apply to each set of charges, all of which carry varying penalties. For example, simple assault as a Class 1 misdemeanor could lead to six months in jail, while aggravated assault as a Class 6 felony could lead to three years in prison for a first-time conviction. No matter the specific allegations, anyone under investigation for assault in Scottsdale needs immediate representation from a relentless attorney.
CONSULT LEGAL COUNSEL ABOUT SCOTTSDALE ASSAULT INVESTIGATIONS
When you face assault allegations, our attorneys will help you navigate the legal system, protect your rights, and seek a positive case outcome. Even if charges are filed after your assault investigation in Scottsdale, this does not mean you are out of options.
Assault cases can be extremely complex; you need guidance from a knowledgeable lawyer who can explain the nuances of your charges and tailor a defense to your circumstances. Call Grand Canyon Law Group now to get started on your case.
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ASSAULT CAN BE A MISDEMEANOR OR A FELONY
As stated earlier, A.R.S. Section 13-1203 lays out a few different ways you can be accused or found guilty of “misdemeanor” assault. However, if these acts are done under specific circumstances, it is likely to be charged in Superior Court as a felony and called an “Aggravated Assault”, which is considered more serious and carries even harsher consequences. Some examples are when an assault is committed with a deadly weapon or dangerous instrument, or when the victim is under 15, an officer, a health worker, or if the assault results in “serious” physical injury like a laceration or broken bone.
These are very technical legal considerations, and it is vital to work with an experienced and dedicated criminal defense attorney. Grand Canyon Law Group is founded and run by former prosecutors who know how to get the best possible outcome. We are dedicated to providing information and communication to our clients to keep them informed so they know the options and can make the best choices.
SCOTTSDALE MISDEMEANOR ASSAULT PENALTIES
Per the Criminal Code Sentencing Provisions (“Sentencing Provisions”), a conviction of misdemeanor assault can include any or all the following penalties: incarceration, fines, probation, community service, and reimbursement of incarceration costs. But don’t lose hope. We are here to minimize the damage to your life. Our dedicated Scottsdale assault lawyers look to find and attack any weakness in the case and to present positive information about you to work for the best possible result, whether in negotiation or trial.
CALL A SCOTTSDALE ASSAULT ATTORNEY TODAY
A misdemeanor or felony assault charge is not to be taken lightly. We make it easy to at least get information that can help you know what to expect and how we can help. Call and speak directly with an attorney, not a salesperson. We can go over the best way to fight the charges and save your way of life. A talk with a Scottsdale assault attorney at Grand Canyon Law Group today will help you better understand your case, your charges, and your rights. It will empower you with knowledge to move forward with confidence.
Call or text 480-400-5555 or complete a Free Case Evaluation form
