Self-defense is the most common defense in assault cases. It’s the State’s burden to prove beyond a reasonable doubt that you have the requisite state of mind and to also prove all the factors that enhance the assault to an aggravated assault. When trying to show self-defense, it’s helpful to look at medical records. They may reveal that the so-called victim struck the defendant first, in which case a jury might be led to believe that the accused is actually innocent.
What Are Some Mistakes That People Make In Aggravated Assault Cases?
One of the major mistakes we see is people who don’t realize that brandishing a weapon is a crime in and of itself even when the so-called victim was provoking them from the get-go. For instance, if you’re approached by someone acting erratically and feel threatened, you can’t brandish a firearm in self-defense unless you believe that the other person is reasonably capable of causing you deadly harm. Situations like these demonstrate that misunderstanding the law can get you in a lot of trouble in Arizona.
The second major mistake we see is people who don’t seek the advice of counsel at the time of their arrest. Instead of talking to a lawyer, the accused ends up making statements to the police that can be used against them later on in trial.
The third major mistake we see is when people don’t retain a competent lawyer until well after the case begins. This hurts the defendant’s ability to follow-up with witnesses in a timely manner. This is not ideal because memories fade quickly, and so they lose the benefit of exculpatory evidence that they could have presented at trial.
What Are The Penalties Associated With An Aggravated Assault Conviction?
The factor that’s used to aggravate the simple assault will determine the classification of felony and the range of penalties involved. There are numerous aggravating factors that can turn an assault from a misdemeanor to a felony. With one of the aggravators present, the assault can be anything between a class II felony and a class VI felony, basically the entire range of felonies within Arizona.
What Are The Collateral Consequences Associated With An Aggravated Assault Conviction?
An aggravated assault conviction can be a serious impediment to seeking gainful employment in the future. Most concerning is the fact that aggravated assault sounds like a very serious crime, when in fact it covers a broad set of situations such as resisting arrest or getting into a car accident while impaired. It isn’t necessarily common sense to link aggravated assault and driving under the influence, but it’s very common for the prosecution to allege that an aggravated assault occurred when a driver operates a vehicle while under the influence.
Why Is It Important To Retain An Experienced Attorney To Handle An Aggravated Assault Case?
It’s important to hire an attorney during the pretrial stage if you are seeking to plead down the charges. A competent attorney can advocate for your potential defenses at trial and can also prepare materials to show the prosecution why you aren’t inclined to violent behavior. If a matter goes to trial, it’s important to have a criminal defense attorney who has experience cross-examining witnesses and then using rebuttal witnesses to flesh out the details of the crime.
What Sets Your Firm Apart In Handling Aggravated Assault Cases?
Our firm has extensive experience litigating aggravated assault crimes. In particular, we’ve had multiple cases where a client has felt reasonably threatened and displayed a gun in a defensive manner only to later be charged with a felony. Individuals should have the right to defend themselves when the circumstances are such that they or their loved ones’ wellbeing is placed in mortal danger. We understand our clients, and we empathize with them when they are accused of these crimes. It’s our guarantee that we’ll litigate aggressively, knowing that your freedom is on the line.
For more information on Defense Strategies For Aggravated Assault, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 794-4480 today.