What is the Best Defense for Aggravated Assault in Arizona?
The intentional, knowing and reckless attempt to cause an injury to another person is assault. Touching, harassing, threatening, wounding and physically attacking another person with the intent to cause bodily injury also qualify as assault. Arizona’s penalties for assault convictions include imprisonment and significant fines. If you are accused of or charged with assault or aggravated assault, it is important that you obtain legal guidance from an Arizona criminal defense attorney.
Assault in the State of Arizona
Assault in Arizona is typically considered a felony or misdemeanor charge. The classification of the assault hinges on the degree of the offense in terms of whether it is classified as a third degree, second degree or first degree offense. Furthermore, the unique circumstances of the criminal case also play a role in determining if the assault is considered to be a felony or misdemeanor charge.
Aggravated assault charges in the state of Arizona are filed when there is a deliberate attempt to cause serious physical injury to another individual while ignoring the inherent value of a human being’s life. Aggravating factors include the motive of the assailant, the condition of the victim, the injury severity and if the individual in question was using a dangerous weapon such as a firearm.
The Right Legal Defense for Your Case
Arizona’s state government has the burden of presenting evidence that proves an individual’s supposed guilt of the criminal offense. The complexities of the case will ultimately shape the legal strategy. As an example, Arizona criminal defense attorneys have enjoyed considerable success arguing self-defense is legitimate grounds for dismissing assault charges.
Every Arizonan should know it is perfectly legal to defend oneself against a threat, be it perceived or imminent. An aggressive action or the use of physical force is legal if it is as a form of self-defense. However, self-defense is only recognized as legitimate if it is fair and reasonable in the context of the potential danger.
Consider a situation in which someone is pulling back his or her fist to punch you. If you punch that individual before being punched, your act of self-defense is legal. However, there are limits to self-defense. If you were to use a gun to shoot the individual attempting to punch you, your response would not be legally appropriate. The use of a deadly weapon including a firearm should be limited to situations where such a response is legally acceptable. When in doubt, consult with an Arizona criminal defense attorney for a thorough explanation of the state’s laws pertaining to assault.
Causation is a legitimate legal defense strategy against an aggravated assault charge in Arizona. The causation argument questions the reliability of the supposed relationship between the physical assault and the injury. Causation zeroes in on whether the defendant actually physically harmed the other person. If the injury occurred in a crowded space, causation is also worth considering as a legal defense as it questions whether the harm was caused by the defendant or others in his or her vicinity.
Defending Another Property or Person
The protection of property or another person with self-defense is legal in the state of Arizona. Self-defense with the use of physical force is within the confines of the law when defending against burglary, robbery or attack.
Is the Evidence Valid?
The best criminal defense attorneys perform a thorough and prompt review of all evidence. If there is even the slightest doubt as to whether the evidence is valid, it will be questioned in court. Evidence deemed not credible will be removed from consideration when determining if the defendant is guilty.