Assault – El Mirage
El Mirage Assault Charges
With such negative collateral consequences to an assault conviction, it is important that you find an experienced attorney who will make sure your rights are protected and fight to achieve a favorable outcome in your case. Assault is often associated with a physical fight involving injuries. While that is often the case, in certain circumstances, a person can be charged with Assault without coming into physical contact with another person. Rosenstein Law Group is experienced with dealing with all types of assault charges including:
We can help you with your El Mirage assault case. Rosenstein Law Group will work on an individualized defense for your case and assault charge to help minimize the impact of an assault charge on your future. Contact us online or call 480-248-7666 today to schedule a free case evaluation of your assault case today.
What Is Misdemeanor Simple Assault Charges?
Misdemeanor Assault charges can range from class 1 to class 3 misdemeanors. A person commits Misdemeanor Simple Assault by:
- Intentionally, knowingly or recklessly causing any physical injury to another person.
- Intentionally placing another person in reasonable apprehension of imminent physical injury.
- Knowingly touching another person with the intent to injure, insult or provoke such person.
Notice that Assault charges do not necessarily require physical contact; you can be convicted of Assault for merely placing someone in reasonable apprehension of imminent physical injury. Such a conviction will still come with the negative connotation that could follow you for the rest of your life because Arizona does not allow for expungement of convictions.
What Are the Penalties For Misdemeanor Simple Assault?
The potential penalties you may be given if convicted for a simple assault in El Mirage are as follows:
- Class 1 misdemeanor Assault: Up to 6 months of jail, 3 years of probation and a $2,500 fine.
- Class 2 misdemeanor Assault: Up to 4 months of jail, 2 years of probation and a $750 fine.
- Class 3 misdemeanor Assault: Up to 30 days of jail, 1 year of probation and a $500 fine.
What Are Aggravated Assault Charges?
If arrested in El Mirage for assault, and then charged with Aggravated Assault, as the name implies, these charges are more serious in nature than Simple Assault. Therefore, the charges and penalties of Aggravated Charges are then more significant. Depending on the circumstances, Aggravated Assault charges can range from a class 6 felony to a class 2 felony. To charge Aggravated Assault, a prosecutor must allege that a person committed a Simple Assault under any of the following circumstances:
- Causing serious physical injury to another.
- Using a deadly weapon or dangerous instrument.
- Using any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.
- While the victim is bound, otherwise physically restrained, or while the victim’s capacity to resist is substantially impaired.
- After entering the private home of another with the intent to commit the assault.
- If the person is 18 years of age or older and commits the assault on a minor under 15 years of age.
- If the person commits an Assault while in violation of an order of protection issued against them.
- If the person commits an Assault knowing or having reason to know the victim is part of a list of specified people/professions, including: a peace officer, constable, firefighter, EMT, paramedic, teacher, health care practitioner, prosecutor, code enforcement officer, park ranger, public defender, judicial officer or other listed in A.R.S. § 13-1204(A)(8).
- If the person takes or attempt to take control over a peace officer’s firearm or other weapon.
- If the person is subject to the custody of a jail, correctional facility, law enforcement agency (or other similar entity listed in A.R.S. § 13-1204(A)(10)) and commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of the entity holding that person in custody.
- Using a simulated deadly weapon.
- Impeding the breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument and the person and victim have a relationship that falls under the category of domestic violence.
What Are the Penalties for Aggravated Assault?
It is always advised that you consult with an attorney if you have been charged with Aggravated Assault because of the wide range of offenses and punishments included in the Arizona assault statutes. It may be possible to receive a term of probation in some cases, which may include up to a year in jail. However, you could also be sentenced to serve time in prison.
On the low end, if charged with a class 6 felony Aggravated Assault, you could be sentenced to anywhere from 4 months to 2 years of prison for a first-time felony offender. This could increase all the way up to a class 2 felony with a range of 3 to 12.5 years in prison. This prison term can increase substantially if a person has any prior felony convictions (in any state) or if the Aggravated Assault is charged as a “dangerous” offense, which is typically charged if a deadly weapon or dangerous instrument was used during the commission of the offense. If a firearm or other weapon is used during the commission of an Aggravated Assault, it is likely that a dangerous allegation will be filed. But many other items, like a car or a baseball bat, can be considered dangerous instruments that can also lead to a dangerous allegation. If charged with a dangerous offense, a person is not eligible for probation if convicted, meaning a judge must sentence them to a term of prison.
In Aggravated Assault cases where probation is available as a potential punishment, the length of probation depends on the level of felony. For a class 6 felony, a person could be placed on probation for up to 3 years. For a class 2 felony, probation could extend to seven years. Additionally, any time that a person is sentenced to probation, the judge can also include a term of jail for up to one year as a condition of that probation.
Domestic Violence Charges
Many people believe that “domestic violence” is its own standalone crime, however, this is not the case in Arizona. Domestic violence is an allegation that can be tacked onto other common crimes based on the relationship between the accused person and the alleged victim. For a crime to be considered a domestic violence offense, the relationship between the accused and the alleged victim must fit into one of the categories below:
- The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
- The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship, as determined by the type of relationship, length of relationship, frequency of the interaction between the victim and defendant, and the length of time since the termination of the relationship if the relationship has been terminated.
The following offenses can be charged as domestic violence crimes in Arizona:
- Aggravated Assault
- Aggravated Harassment
- Child Abuse
- Criminal Damage
- Criminal Trespass
- Custodial Interference
- Disorderly Conduct
- First-degree Murder
- Interfering with Judicial Proceedings
- Negligent Homicide
- Second-degree Murder
- Sexual Assault
- Surreptitious Photography
- Threatening or Intimidating
- Unlawful Disclosure of Images
- Unlawful Imprisonment
- Vulnerable Adult Abuse
What Are the Penalties for Domestic Violence in El Mirage, Arizona?
The penalties for domestic violence vary based on the underlying charge. Domestic violence offenses can be misdemeanor or felony crimes. This means that you could see jail or substantial prison time if convicted of a domestic violence offense. For instance, Disorderly Conduct, charged as a class 1 misdemeanor domestic violence crime can result in up to 6 months in jail, up to 3 years of probation, and a fine of $2,500. If charged with Aggravated Assault as a class 6 felony domestic violence crime, you could face from 4 months to 2 years in prison, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges.
Aside from prison, jail, probation and fines, if you are charged with a domestic violence offense, the collateral consequences can be extremely damaging. Even if you are able to avoid prison or jail, you will have a permanent criminal domestic violence conviction on your record. This may lead to issues finding or maintaining employment, finding housing, applying for loans and holding a professional license. Additionally, a domestic violence conviction will make you a prohibited possessor, meaning that you cannot own or possess a firearm. A domestic violence conviction can also put you at a disadvantage if you are involved in a divorce or child custody dispute.
In some cases, a conviction may displace you from your home or prohibit you from having contact with your loved one if they are the alleged victim.
What To Do If Facing Domestic Violence Charges
With the serious ramifications of a domestic violence conviction extending far beyond the punishments imposed by the court, it is advised that anyone facing domestic violence charges seek representation from an experienced attorney. These cases can take a toll on you and your family, so having an attorney to handle the criminal court system for you can help you focus on what matters most in your life. Let the Rosenstein Law Group take the weight of a criminal case off of your shoulders. We will fight to get you the best possible results. We have a track record of success in domestic violence cases, including numerous dismissals and reduced charges. Call the Rosenstein Law Group at 480-248-7666 or contact us online to schedule a free initial consultation for your domestic violence case.
Should I Hire a Lawyer If I Am Charged with an Assault Charge?
Assault charges are fully prosecuted of the law in Arizona, therefore if you are facing assault charges in El Mirage, it is important to reach out to an assault defense lawyer to explore your options. In cases where there are injuries, in addition to prison or jail time, a prosecutor may seek to hold you liable for the financial expenses incurred by the injured party. Beyond the potential for prison, jail, and the immediate financial impact, the consequences of an assault conviction will extend much further than the punishments from the court system. An assault conviction creates a permanent criminal record that will follow you for the rest of your life. These convictions make it difficult to find employment or housing. An assault conviction can even prevent you from holding certain professional licenses.
Talk with a Skilled Assault Lawyer Today
With all these consequences, it is recommended that you consult with an attorney if you are facing assault charges. An experienced attorney will offer you the best chance of a favorable outcome in your case, such as reduced or dismissed charges. Assault cases are very fact specific. There are often a lot of moving parts and a case may come down to he-said, she-said, especially in cases where both parties suffered injuries. Having an attorney who will fight to protect your rights could make all the difference in your case. When your liberty and livelihood are at stake, you need to seek the highest level of representation. Contact the Rosenstein Law Group at 480-248-7666 or online today to schedule a free initial consultation and case evaluation for your
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