Tempe Assault Attorney
In Arizona, assault is a serious and harshly prosecuted crime. Even threatening injury to another person could lead to severe penalties like steep fines and time behind bars. However, there are various defense strategies that a savvy attorney can use in these types of cases to mitigate or avoid the consequences of a conviction.
At Grand Canyon Law Group, a Tempe assault lawyer can protect your rights and way of life by building an effective defense strategy for the circumstances. Our attorneys are former prosecutors who understand exactly how to find and exploit the weaknesses in the prosecution’s case against you.
For a free legal consultation with an assault lawyer serving Tempe, call 480-400-5555
WHAT ACTIONS COUNT AS ASSAULT?
Simple assault is a misdemeanor crime defined by Arizona Revised Statutes § 13-1203. The police may bring assault charges for the following actions:
- Recklessly, knowingly, or intentionally injuring another
- Threatening another person so that they reasonably fear imminent injury
- Touching another person with the intent of causing harm or provoking that person to become angry
Importantly, a person does not need to make physical contact with or cause injury to the alleged victim to be charged with assault. The prosecution may argue that the defendant communicated intent to cause harm, and that the alleged victim legitimately feared for their safety. This could be enough for the prosecution to secure an assault conviction if the defendant does not have an aggressive defense lawyer to combat these allegations.
Tempe Assault Lawyer Near Me 480-400-5555
ELEVATING A CHARGE TO AGGRAVATED ASSAULT
Under certain circumstances, the State may charge a suspect with aggravated assault, a felony crime. Ariz. Rev. Stat. § 13-1204 details the following factors that could increase an assault charge and accompanying penalties:
- Causing serious physical injury, including disfigurement
- Using a deadly weapon
- Bounding or restraining the alleged victim
- Entering a private residence to commit assault
- Assaulting a person under the age of 16
Attacking certain public officials may also increase an assault charge from simple to aggravated. The list of officials includes, but is not limited to, police, firefighters, judges, prosecutors, teachers, school administrators, EMTs, and park rangers.
Whether facing simple or aggravated assault, the lawyers at Grand Canyon Law Group are prepared to negotiate with prosecutors for reduced or dismissed charges. Our assault attorneys will fight the charges at trial and present an airtight defense in Tempe court.
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PENALTIES FOR ASSAULT IN TEMPE
Ariz. Rev. Stat. § 13-1203(B) explains that the punishment for simple assault depends on the nature of the conduct. The court may order a defendant to serve a jail sentence of up to 6 months and pay fines up to $2,500 (plus surcharges), according to the guidelines of Ariz. Rev. Stat. §§ 13-707 and 13-802.
Some first-time offenders have the option of participating in a diversion or pre-trial intervention program, which requires attendance at anger management or domestic violence training sessions. Once these requirements are completed, the court will dismiss their case with a clean record. Our experienced local attorneys can help those accused of assault pursue this option and avoid the consequences of a criminal history.
PUNISHMENT FOR AGGRAVATED ASSAULT
Aggravated assault is a felony punishable under the guidelines of Ariz. Rev. Stat. §§ 13-702, -705, and -801. The facts of each case will dictate what penalties an accused person faces.
Prison sentences range from one year to 35 years for aggravating factors, such as dangerous weapons or severe injuries. The prosecution may try to aggravate the penalties unfairly, so it is important for a defendant to secure knowledgeable legal counsel to explain and protect their rights. By working with an experienced assault lawyer familiar with Tempe’s criminal justice system, defendants will be better prepared to fight the charges and accompanying penalties.
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WHAT TO DO AFTER BEING PLACED UNDER ARREST FOR ASSAULT
Most people’s first instinct after an arrest is to try to clear their name as quickly as possible. Many want to give their full story to the police immediately, hoping they can soon put the legal nightmare behind them. They think speaking with the investigating detective immediately could clear up the situation. However, this is rarely a good idea. Instead of clearing up matters, talking to the police without a lawyer could make the legal situation even more complicated. The detectives might misconstrue their words and use their testimony to strengthen the case against them.
Talking to an officer after an assault arrest without a Tempe lawyer can lead to self-incriminating statements. An arrested person should meet with a seasoned local attorney as soon as possible to learn their rights and legal options for resolving the charges favorably.
YOUR LEGAL OPTIONS AFTER AN ASSAULT ARREST
Facing any assault charge is hard to do alone. The complexities involved in the assault arrest process and the possible ramifications of a conviction make it essential to work with a skilled Tempe attorney. A dedicated lawyer at our firm can work tirelessly to pursue the best possible outcome. We will review the evidence, listen to the defendant’s account, and build a defense strategy that best fits the unique circumstances of the case.
GET THE CHARGES DISMISSED
The first goal of a defense team would be to get the charges dismissed. A dismissal can occur if crucial evidence is deemed inadmissible. Our lawyers in Tempe could review the police’s procedure before and during the assault arrest process to see if they violated any of the defendant’s rights. For example, if the police did not obtain a search warrant or did not have valid cause to execute a search or seizure, any evidence obtained by the police under that search could be inadmissible. Similarly, if the police violated the defendant’s rights during the arrest proceedings, such as denying them the right to speak with an attorney, any confession could be deemed inadmissible.
WIN AT TRIAL
Because the prosecution has the burden of proof, they must establish that the defendant committed every element of an assault crime. A Tempe attorney experienced in handling assault arrests could show that the prosecutor does not have sufficient evidence. Since an assault conviction requires the prosecutor to show intent, a lawyer could show that the defendant did not intend to commit the crime or that it was justified because the defendant was defending themselves or others.
REDUCE THE CHARGES OR PENALTIES
In some cases, it might be impossible to avoid a conviction. However, our savvy attorneys could work to reduce the charges and minimize the penalties. For example, after an arrest involving an alleged assault on a police officer, an attorney could argue that the defendant was unaware that the other person was an officer.
Our experienced legal team will tailor an effective strategy to the circumstances of the case.
TALK TO A TEMPE ATTORNEY AFTER AN ARREST FOR ASSAULT
Assault arrests in Tempe can be stressful and terrifying, especially if you have no prior experience with the legal system. After being arrested, you might not know what to do. Your freedom could be in jeopardy.
Talk to Grand Canyon Law Group to learn how we can fight tirelessly for your rights and your way of life. We have significant experience defending people in your situation and know how to handle your case the right way. Call today for your consultation.
ASSAULT INVESTIGATIONS WITH QUICK ARRESTS
Police officers, prosecutors, and courts in Arizona treat assault allegations seriously. To build the strongest case, the state ensures a thorough investigation process. Even if no charges have been filed, assault investigations in Tempe can be invasive and damage your career, home life, reputation, and standing within your community.
ASSAULT INVESTIGATIONS WITH QUICK ARRESTS
Some assault cases go straight to the prosecutors. These kinds of cases arise when police arrive at an alleged crime scene and arrest someone immediately. When someone, such as a concerned neighbor, calls for emergency assistance to report an alleged assault, police officers arrive to investigate the incident. When the alleged victim can identify the accused offender, and the accused is still at the crime scene, the police may arrest them quickly. If that person is not right at the scene, the police will perform a search to locate and arrest them.
After making an arrest, the police generally turn the cases over to the prosecutors. The prosecution will follow up with any eyewitnesses to get statements and check for security camera footage and other evidence to strengthen their case.
After an arrest, a suspect should meet with a Tempe attorney skilled at handling assault investigations. If the police failed to respect a suspect’s rights, such as by failing to read them their Miranda rights or denying them the right to speak with their lawyer, a lawyer could pursue a dismissal of the charges.
LENGTHIER ASSAULT INVESTIGATIONS
Some assault cases require more thorough police investigations. For instance, suppose the police cannot locate the accused person or the alleged victim does not know who assaulted them. If the responding officers do not make an arrest right away, the police generally assign a detective to investigate the charges.
The police detective will canvas the area to search for evidence. If the accuser knows who assaulted them, the detectives will try to locate them. If the accuser cannot identify their alleged assailant, the investigation will be more complex because the police must determine who is responsible. The police will take pictures and gather any trace evidence from the scene. They may also conduct witness interviews and interview suspects as part of the investigation.
During these interviews, suspects need representation from a Tempe lawyer experienced in handling assault investigations. Our skilled attorneys could guide them through a police interview and protect their rights. We could also examine the investigative process to see if the police or prosecution overstepped. For instance, our legal team could check to ensure the police obtained a valid search warrant based on reasonable suspicion.
Suspects of assault investigations in Tempe need dedicated legal counsel to protect their rights and preserve their best interests. Police and prosecutors perform these investigations to determine who they should arrest and gather evidence to support their case. Sometimes, the state makes mistakes or violates a suspect’s rights.
CALL A TEMPE ASSAULT LAWYER TO PROTECT YOU
A guilty verdict for assault can have a significant impact on your life, freedom, and future opportunities. The attorneys at Grand Canyon Law Group believe that you have a way of life worth protecting and are here to provide dedicated legal counsel on your behalf. Call a Tempe assault lawyer today to begin crafting a strong defense strategy.
Call or text 480-400-5555 or complete a Free Case Evaluation form