Aggravated Assault in Phoenix - outdoor space with grill

Defenses for Aggravated Assault in Phoenix

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Are you being charged, or are in the pre-charge investigation stage, for aggravated assault in Phoenix, Arizona? If that’s the case, before you even finish reading this blog article you should pick up the phone and contact Todd Coolidge, Certified Criminal Law Specialist, immediately (480-264-5111)! Aggravated Assault is a class 3 felony, which carries with the some of the more severe penalties of all felonies due to the fact that it is a dangerous offense. This is a serious crime and is treated as such.

Aggravated assault is classified as a person who knowingly, recklessly, or intentionally injured, provoked, insulted, or caused physical harm to another. The following are more specific examples of what can get you charged with aggravated assault in Phoenix or anywhere else in Arizona.

  • any assault that causes serious physical injury
  • use of a deadly weapon
  • a victim that is captive or restrained
  • a substantial but temporary fracture or disfigurement
  • if the perpetrator of the assault is an adult when the victim is 15 years old or younger
  • the victim is a prison guard, prosecutor, teacher, police officer, firefighter or medical professional

When you are fighting these charges, you need a strong defense. The following are a few examples of possible defenses some use to fight Aggravated Assault charges.

Self-Defense: The most common defense for assault charges is Self-Defense. It is often the case that the alleged “victim” was actually the one to make the initial aggressive movement – especially when alcohol is involved. If the alleged crime took place between a man and a woman, the woman is almost always seen as the victim. In these cases it is important to highlight the victim’s aggression and the defendant’s peaceful demeanor.

Unawareness: If the aggravated assault charges are due to the “victim” being a police officer, one of the best defenses some use is to prove that you were unaware of their position as an officer. It is also vital to show the officer was not performing official duties at the time.

Recalcitrant Witness: Many times the victim will want to drop the charges. However, the State is able to force the alleged victim to testify against you if they choose. In these cases it is often possible to convince the prosecutor to either plead the case to a lesser charge like Simple Assault or dismiss them entirely.
If you are facing felony aggravated assault charges, don’t wait. Contact Todd Coolidge today at 480-264-5111.

Images used under creative commons license – commercial use (3/4/2016) Raúl A.- (Flickr)

*The information in this blog is for general information purposes only. This blog post should not be taken to constitute a formal recommendation or professional advice. We exclude all representations, warranties, legal liability or responsibility relating to its content.

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