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Posted on May 16, 2018 in DUI Arrest
At Rosenstein Law Group in central Arizona, we work hard to deliver the highest quality counsel and representation in DUI and criminal traffic offense cases including “DUI-Aggravated Assault” for our clients. You can rely on us to build a solid defense against your charges.
If you have questions regarding your defense, call for your free consultation at 480-248-7666.
Dedicated Representation for Many Areas in Arizona
Our Arizona criminal defense law firm serves clients vigorously and in any specific court where your case will be heard, including all Superior Courts throughout all of Arizona.
“DUI-AGGRAVATED ASSAULT” Defense Lawyer in Arizona
Pursuant to Arizona Revised Statute “ARS” § 13-1204, a conviction for Aggravated Assault in Arizona can be punishable by probation, fines, jail or even prison time depending on the person’s criminal history; For “DUI-Aggravated Assault” cases however, where the alleged offender was driving a car, then he or she will befacing a Class 3 Dangerous Felony. Upon conviction at trial (even if it is the first criminal offense of their life) there will be no possibility of probation and a mandatory prison sentence from five to fifteen years the same way they would be if they had attacked another person with a gun or a knife. This is because automobiles are considered to be deadlyweapons/dangerous instruments just like guns or knives under the law (See ARS § 13-105(12) and ARS § 13-105(15) for complete list of these deadly weapons/dangerous instruments).
In a DUI/ Aggravated assault case, the prosecutor is required to prove the driver of an automobile did the following in order to obtain a conviction at trial. They must prove that the driver: Intentionally, reckless, or knowing caused any physical injury to another person with a deadly weapon or dangerous instrument (an automobile), or if the suspect causedserious physical injury, or causes temporary but substantial disfigurement to another person. “Serious physical injury” includes a “physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ orlimb.” (See ARS § 13-105(39)). This includes broken and/or fractured bones and permanent scars.
These are often referred to as “DUI-Aggravated Assaults” because while the driver had no intent to harm anyone, they were arrested for what would normally be a misdemeanor DUI (See our DUI Defense section) but they also got into a traffic accident that caused a “serious physical injury” to another person including the driver orpassenger of another car, pedestrian, or even their own passenger. Over the years our attorneys have represented clients in cases where their own family members or friends were considered the “victims” of the Aggravated Assault because they were injured in one of these accidents and despite their not wanting to “press charges” theprosecutors still tried to convict the driver and send them to prison.
DEFENSES TO “DUI-AGGRAVATED ASSAULT”
The attorneys at the Rosenstein Law Group pride themselves in finding any and all weaknesses to the prosecution’s case and utilizing the absolute best possible legal defenses to each and every one of our clients’ charges to ensure them the absolute best outcome. Over the years our attorneys havesuccessfully utilized the following defenses and resources to DUI and “DUI-Aggravated Assault” cases:
–Suppression of Evidence through pretrial defense motions: Our attorneys have argued that the State violated our clients’ Fourth, Fifth, and/or Sixth Amendment Rights. These arguments led to the successful suppression of the State’s blood alcohol content “BAC” results; the preclusion of our clients’confessions and other legally harmful statements; and/or the preclusion of State’s prejudicial scientific or medical evidence. These successful legal arguments led to reduced sentences for our clients through plea agreements, and in some cases, complete dismissal of all of their charges.
–Attacking the State’s Forensic Evidence: In nearly all “DUI-Aggravated Assault” cases the prosecution will argue that although the driver did not mean to hurt anyone, that they are still guilty under the statute because they were impaired by alcohol and/or drugs and were therefore acting “recklessly”. Theprosecution will use the same methods that they do in a DUI case to try to do win a conviction. Our extensive experience has given us a great deal of understanding about how evidence is gathered and how it can be compromised. We scrutinize every piece of evidence in the prosecution’s arsenal and do anything we can to cast doubt on its integrity.
We have presented successful defenses by challenging all types of forensic evidence, including:
In addition to our own substantial background with forensic evidence, Rosenstein Law Group attorneys often call upon forensics experts to provide their expertise for a certain case. In addition to the tangible results of testing, these experts also know about the effects of alcohol and drugs on a driver and howthey impact a person’s ability to operate a motor vehicle. They also testify on crime lab protocol, operations, quality control and overall forensic evidence analysis.
–Accident Reconstruction: The highly trained experts that our firm can call have the best resources at their disposal and use the most current and sophisticated computer-generated accident reconstruction methods to help aid in our clients’ defense. We use the data our experts generate to convince the prosecutor to dismiss orreduce our clients’ charges before trial, or to convince a judge or jury during a trial that our client was not legally responsible for causing the accident that led to the victim’s serious physical injury and are therefore not guilty beyond a reasonable doubt.
Some of the evidence that our experts can find are time sensitive (i.e.: tire tracks), so if you or a loved one is a suspect in a “DUI-Aggravated Assault” case, do not wait until charges are actually filed to meet with us as it sometimes takes months (or even years) for the prosecutor to get all of their ducks in a row and actually arrest thedriver. This mostly occurs because the prosecutor has to obtain the proper medical documentation regarding the victim’s injuries or other complicated evidence before they can prosecute. You want to make sure our attorneys and expert witnesses have the necessary time and ability to obtain any and all potentially exculpatory evidence that can help aid inyour or your loved-one’s case.
Contact us 24 hours a day, seven days a week at 480-248-7666 to request a free initial consultation with a “DUI-Aggravated Assault” defense lawyer who knows and understands forensic evidence. We will provide you theinformation you need about the next steps after a “DUI-Aggravated Assault” arrest anywhere in Arizona.