Articles Tagged with Assault

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According the Federal Bureau of Investigations (FBI) crime statistics and reports, there were approximately 26,311 arrests made for violent crimes reported in 2011. An estimated 7,127 of those involved Aggravated Assault charges, and many of those offenses involved use of a deadly weapon. These are extremely serious charges that if convicted, can  result in long term to life prison sentencing in the case of serious injury to a victim; or capital punishment in the case of homicide.

Felony Assault Laws

Assault involving possession or use of a Deadly Weapon or instrument elevates a charge to an Aggravated Assault which is a felony. Arizona defines a “Deadly Weapon” under A.R.S. 13-105 (15) as anything designed for lethal use, and includes firearms.

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Road rage is prosecuted as a criminal offense in Arizona  

The National Highway Safety Administration (NHTSA) as driving that markedly exceeds the normal safety driving behaviors. It consists of driving that affects other motorists and their passengers and places them in unnecessary danger.

Law enforcement agencies recognize it as driving that includes unsafe moving traffic violations that endanger others or their property.

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Defending Domestic Violence Charges – Misdemeanor and Felony

Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the sentencing phase.  Since prison terms apply and prison terms can be lengthy,  the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms.  Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.

10 Defenses for Felony/Aggravated Domestic Violence Charge 

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Felony Assault v. Misdemeanor Assault charges in Mesa, AZ

There are two main differences between Felony Assault charges and Misdemeanor Assault charges:

  1. Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense;
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“Understanding the strict Arizona Assault laws, is the  first step to defending your charges. Being familiar with them, also contributes to prevention.”

Misdemeanor Assault Laws in Arizona

If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. This offense sometimes referred to as “simple assault” charges. And although they are classified as misdemeanors, they carry severe penalties due to the fact that they are considered crimes against a victim. Misdemeanor assaults are classified into three different categories Class 1; Class 2; and Class 3; with Class 1 charges and penalties being the most severe:

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“The court has discretion over what your sentence will be within a wide range for felony assaults.  So if your felony assault charges cannot be dismissed, the next step for your criminal defense attorney present mitigating factors in an effort to get your sentencing reduced.”

Arizona Aggravated Assault Charges – Phoenix AZ

Aggravated Assault charges are also known as Felony Assault charges.  Simple or Misdemeanor charges can also be elevated to assault charges in Phoenix, when certain aggravating factors exist.  Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or intent to harm another person or victim.  All Felony Assault charges carry prison sentencing if convicted in Arizona.

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