What is Aggravated Assault and Why You Need an Aggravated Assault Lawyer

by | Apr 9, 2015 | Law

There are a number of different reasons why you could be charged with aggravated assault, including being in the wrong place at the wrong time. Whatever the circumstances are which led to your arrest for aggravated assault, it is essential you know your rights and the implications you may be facing in this situation, so for this reason it is critical you hire an aggravated assault lawyer to properly defend you.

The Definition of Assault

First, it is important to understand there is a difference in the terms assault and aggravated assault. Assault is the term which describes a crime of violence against an individual. The type of assault is determined by the level of violence which was present and the intention of the person accused of the assault. Aggravated assault is an attack which resulted in a serious injury or an attack involving the use of a deadly weapon. A deadly weapon can include any object which can produce life threatening injuries. An aggravated assault charge in Phoenix is a serious offense and can carry serious penalties, so it is critical you obtain the representation of a reputable Phoenix aggravated assault lawyer.

What Constitutes Aggravated Assault?

If you are charged with aggravated assault, the prosecution must prove you are guilty by showing the court you did at least one of the following:

*The victim could not resist due to being restrained.
*The physical injuries resulted in a temporary or a permanent disfigurement.
*A deadly weapon was used in the assault.

Even if there are no injuries during the assault, merely threatening an individual with a dangerous/deadly weapon can result in allegations of an aggravated assault. This charge is often added when someone is committing a felony, such as a robbery or burglary, even without there being real apparent danger.

Possible Penalties

Regardless of the degree, a charge of assault must be handled with care. The penalties in Phoenix will vary depending on the severity. For example, if you are charged with and found guilty of aggravated assault, you could face a minimum of five years in prison, expensive fines, probation and/or community service. A good aggravated assault lawyer may be able to get your penalties reduced, especially if your lawyer can prove you acted in self-defense.

There is a wide range of technicalities associated with aggravated assault cases, so it is essential you hire an experienced aggravated assault lawyer in Phoenix. If you’re located in the Phoenix area and you’re looking for a criminal defense attorney, look no further than The Phoenix Criminal Attorney.

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