Violent crimes can be tricky to litigate and to defend in court. One source of recent conversation in the Arizona criminal legal sphere has been the crime of aggravated assault, and whether hurting multiple people through one assault counts as multiple crimes or only one crime. The answer to this question matters because, in general, the more charges a person faces, the more convictions he might have on his record and the more time he might spend in jail or prison. Recently, an Arizona court addressed this question as it relates to one person firing one shot that then hits and injures multiple people.
Victim-Driven v. Conduct Driven Offenses
If, during the course of committing a violent crime, a defendant fires one gunshot and injures multiple people from that one shot, the defendant is still eligible to face multiple convictions of assault. As an Arizona court explained in its recent ruling, assault is known as a “victim-driven offense” as opposed to a “conduct-driven offense.” For a conduct-driven offense, a person firing one shot might be eligible for only one conviction, no matter how many people are injured. For a victim-driven offense, though, it matters how many individuals were harmed by the shot when the State decides how many charges to bring against the defendant.
The court clarified in its decision that for the defendant that appealed his convictions, his action of firing one shot properly resulted in several different convictions. When the defendant fired his gun into another person’s truck in this case, he shattered one individual’s shinbone. The bullet then ricocheted and grazed another individual’s arm. Because the defendant’s single shot committed a separate aggravated assault on multiple victims, it was reasonable for him to be found guilty of several counts of aggravated assault.
The court denied the part of the defendant’s appeal asking for a reversal on this particular issue. These questions can be tough to navigate in court, and it is our belief that retaining an expert Maricopa County criminal defense lawyer can make all of the difference when there are thorny legal issues on the table during a case.
Do You or a Loved One Need a Maricopa County Criminal Defense Lawyer on Your Team?
If you are facing criminal charges in Arizona and don’t know where to turn, know that you have the support of our team at the Law Office of James E. Novak. We have the experience and knowledge to get you the results you need when you need them the most, and we take pride in our client-centered approach to each and every case. If you want a Maricopa County criminal defense lawyer that won’t quit, give our firm a call – we know you won’t regret it.
To learn more about the legal services we provide, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible regarding next steps.