Assault Attorney in Glendale, AZ
Dedicated Legal Advocacy for Individuals Charged With Violent Crimes
Criminal charges fall into a variety of categories, but two of the most well-known are property versus violent crime. Violent crimes are typically seen as more serious, but there are cases where they may be classified as misdemeanors. Assault typically falls into this category, but it’s also possible that felony charges could be levied against a person. Clearly, this is a complex area of Arizona state law — and there’s a lot of nuance involved. The one constant regarding this manner is that, if you’ve been charged with this crime, it’s important to speak with an assault lawyer in Glendale, AZ.
At The Turner Law Firm, PLLC, you’ll work directly with a dedicated criminal defense attorney who is committed to securing a fair outcome on your behalf. In some instances, we may be able to have charged dropped or go to court and secure an acquittal. However, this isn’t always possible in the criminal justice system. If a conviction is unavoidable, we can still provide an aggressive defense that may result in reduced charges or less serious penalties. Every case is different, so it’s important for you to immediately seek legal representation to better understand what you’re up against.
Contact us today to schedule your confidential consultation.
What Should You Know When Arrested for Assault in Arizona?
Assault is sometimes viewed as one of the less serious criminal offenses in the violent crime spectrum. After all, a person could be charged with this crime for merely pushing someone — even if the alleged victim suffers no injuries. Of course, these charges get much more severe when a serious injury is suffered, a weapon is used, or the assault committed is categorized as domestic violence. If a law enforcement officer has arrested you due to an alleged assault committed against another person, it generally means they believe one of three criminal elements exists:
- The defendant intentionally, recklessly, or knowingly caused another person to suffer a physical injury
- The defendant intentionally caused another individual to have a reasonable fear that physical injury would occur
- The defendant knowingly touched another person in order to injure, insult, or provoke them
This can obviously be a broad area of the law. Simple assault could entail anything from punching another person in the face to approaching them in an aggressive manner. Criminal law in Arizona views the existence of any of these elements as equal within the criminal justice system. Of course, sentencing considerations can vary based on the circumstances of a case. For instance, someone is usually more likely to face jail time if they injured another individual as opposed to simply pushing them or some other physical contact.
Your Glendale assault lawyer’s defense strategy will be based on the facts of your case. The circumstances of the alleged crime, your arrest, what happens after arrest (e.g., interrogations), and other important considerations will come into play. If you’re not charged with aggravated assault, a criminal conviction will typically be as a misdemeanor — but there are varying classes of misdemeanors that assault may qualify as. These classes are based on the aforementioned elements:
- Class 1 misdemeanor: Causing physical injury to someone can result in up to six months in jail
- Class 2 misdemeanor: Placing someone in fear of physical harm can result in up to four months of jail time
- Class 3 misdemeanor: Any unwanted physical contact can result in incarceration for up to 30 days
Clearly, even the most minor assault charges can lead to detrimental outcomes if convicted. This is why you need a Glendale assault attorney who will provide a robust defense and fight for a favorable outcome on your behalf. That’s precisely what you’ll find at The Turner Law Firm. Contact us today, and we’ll get started on building your defense.
What Is Aggravated Assault?
Every criminal defense attorney in Arizona works within a complex framework of laws. This is particularly true since many crimes can be charged as a misdemeanor or felony. For instance, talk to any domestic violence or DUI defense lawyer and they’ll tell you that these “wobblers” are difficult to deal with in the criminal system. That’s because prosecutors will often use the threat of felony charges to scare defendants into accepting an unfair plea bargain. This is often true of aggravated assault — better known as felony aggravated assault.
Simple assault charges can be upgraded if the following aggravating circumstances allegedly exist:
- Using a deadly weapon or dangerous intent
- Causing serious injury to the alleged victim
- Assaulting a police officer, teacher, or other protected individuals
- Assault committed during the commission of another felony (e.g., burglary)
- Committing assault after entering a private residence
- Suffocation or strangulation
- Assault committed against a minor
Any of these aggravating factors can lead to a felony conviction. In these situations, the criminal penalties of simple assault seem inconsequential by nature. That’s because a person could receive a substantial prison sentence in addition to other disruptive outcomes. Penalties may also increase if the defendant has a prior criminal history. When the legal process concludes with a conviction for felony aggravated assault, possible sentences include:
- Class 2 felony (most severe): Up to 21 years in prison. Minimum sentence of seven years
- Class 3 felony: Between 5-15 years in prison
- Class 4 felony: At least 2.5 years, but a potential for 3.75 years in prison
- Class 5 felony: Up to 2.5 years in prison with a minimum of 1.5 years
- Class 6 felony (least serious): Between 1-2 years incarceration
These cases are heard in Maricopa County Superior Court, and the potential outcomes are clearly more serious. Anyone facing assault charges should seek the assistance of an assault lawyer in Glendale, AZ — but this is particularly true for individuals charged with aggravated assault. Even if the evidence seems overwhelming, an experienced attorney can work to ensure a defendant’s constitutional rights are not violated. And if they are, it may be possible to have evidence excluded and greatly increase the odds of exoneration.
Contact our law firm today. We’ll work hard to help you avoid severe consequences.
Why Do You Need an Experienced Criminal Defense Attorney?
Many people wonder if they need an attorney when facing criminal matters. This is an understandable concern. After all, it might seem like a conviction is unavoidable — so wouldn’t hiring a lawyer be a waste of money? Then again, perhaps the prosecutor has offered a deal that seems “too good to be true.” Could a Glendale criminal defense lawyer really do any better for you? You might also be wondering whether a private practice law firm can really do any better than a court-appointed public defender. After all, going that route would save a lot of money… right?
Unfortunately, each of these assumptions can result in unfair and unnecessary outcomes. For instance, a conviction is never truly a foregone conclusion. If you speak with a dozen Glendale criminal defense attorneys, every single one will tell you that overwhelming evidence against a defendant doesn’t necessarily mean a conviction is imminent. Procedural errors by the police or violations of the defendant’s constitutional rights can result in inadmissible evidence, and without their evidence, proving guilt beyond a reasonable doubt becomes much harder for prosecutors.
When it comes to plea deals, it’s advisable to have a Glendale aggravated assault lawyer review your case. Why should you opt for an attorney with experience in felony assault charges? Because they’re used to seeing prosecutors overcharge simple assault in order to use reduced charges as a bargaining chip. They can make sure you’re not being unfairly charged and handle both simple and aggravated assault cases. Sadly, public defenders may have the desire to provide such dedicated service, but the truth is that they’re overworked. You need a lawyer who can give your case the focus it deserve.
Can a Glendale Aggravated Assault Lawyer Get Charges Reduced?
There are criminal cases where it may seem like there’s no chance of having an aggravated assault charge reduced. Perhaps the alleged victim’s injuries were life-altering, or maybe there’s clear evidence that a deadly weapon was used during the commission of a crime. In these instances, could a Glendale aggravated assault attorney really get charges reduced? Unfortunately, there is no one-size-fits-all answer to this question. The probability of having charges reduced will depend entirely upon the circumstances of your case.
However, hiring an attorney to make the effort is a necessary task. Unfortunately, many of the consequences of an aggravated assault conviction are not obvious until after the fact. For instance, did you know that a conviction would all but guarantee a successful personal injury case if the alleged victim chose to file one? Based on the elements necessary to have a defendant proven guilty, all the pieces would be there to secure substantial injury compensation. Your attorney may be able to argue the charges down to simple assault — which doesn’t necessarily imply injury.
Of course, you may already be in a situation where the prosecutor has offered to drop or reduce aggravated assault charges. However, you should still keep in mind the fact that prosecutors often overcharge. This is true for everything from DUI and drug crimes to sexual assault and murder. They may fully understand that there’s not enough evidence for an aggravated assault conviction — but they only need you to believe that such a conviction is possible. An experienced Glendale assault lawyer can review the facts of your case and ensure that any plea negotiations are undertaken in good faith.
Are There Non-Legal Repercussions for an Assault Conviction?
Many people don’t realize that penalties in the legal system might be the least of their worries after a conviction. This is true for any criminal offense. From vehicular crimes to sex crimes, a criminal record can follow you for a lifetime. Long after a person has “served their time,” the fallout of a conviction can keep on disrupting their lives. Unfortunately, there aren’t many ways to alter this other than avoiding a conviction in the first place. Arizona does not allow for expungement, and while it’s possible to have a conviction “set aside,” any background check will still show the conviction.
Due to this reality, there are some very serious lasting effects if you’re not exonerated:
- Reduced employment opportunities
- Loss of professional licensure
- Difficulties finding housing
- Reduced education opportunities
- Immigration issues
- Loss of rights (e.g., voting, firearms)
- Convictions used against you in family law cases (e.g., child custody)
- Community stigma, particularly due to “mugshot tabloids” (Arizona Mugshots)
- Financial strain
- Mental and emotional difficulties
Whether you’re being charged for assault in the city courts or felony aggravated assault in the Superior Court of Maricopa County, the effects of a conviction will not stop at the end of your sentence. This is why it’s so critical that you discuss your case with an assault lawyer in Glendale, AZ. A knowledgeable attorney can review your situation, identify flaws in the prosecution’s case, work to have charged dismissed, fight for you at trial, and negotiate a favorable plea deal when necessary. Having a lawyer present with you at every stage of the criminal process can be invaluable.
Choosing to go forward without a legal advocate can result in major errors — including overlooking defense strategies that could avoid a conviction altogether.
Can the Alleged Victim Drop Charges?
It’s not uncommon for a Glendale criminal defense attorney to have a client walk into their office alongside their alleged victim. In such instances, the two are typically asking if it’s possible to have assault charges dropped. Perhaps mistakes were made in the heat of the moment, or maybe a false allegation has been eating away at the accuser. Regardless of the underlying circumstances, the simple fact is that dropping a criminal assault charge is not this easy.
That’s because assault is viewed as a state crime — and it’s the state that’s bringing the charges forward. Once law enforcement gets involved and charges are filed, the decision to proceed or dismiss the case lies with the prosecutor alone. However, the prosecutor will consider the alleged victim’s opinion when making charging decisions. In some cases, they may believe it’s appropriate to drop the case, but they might also decide to move forward without the alleged victim’s participation.
However, this will make the government’s job of proving guilt beyond a reasonable doubt muct more difficult. Unfortunately, a conviction is still possible. Regardless of whether the alleged victim in your case has changed their mind regarding pursuing charges, having an experienced Glendale assault attorney handle your case is advisable. They can use the facts of your case — including the victim’s decision to recant — to fight for a fair outcome on your behalf.
What’s the Best Defense Strategy for Assault and Aggravated Assault Charges?
The best Glendale criminal defense attorneys will tell you that the best legal defense strategy is the one that avoids a conviction. Perhaps you’re in a situation where you believe that a conviction cannot be avoided, but it’s important to throw this thinking out the window. The simple reality is that there have been countless instances where there was undeniable evidence against the defendant — but somehow, they managed to avoid a conviction anyway. Working with an experienced assault lawyer in Glendale may increase your odds of such an outcome.
Simply put, they know when to apply the best defense strategies to the circumstances of a case:
- Self-defense
- Defense of others
- “Stand Your Ground”
- Violation of constitutional rights
- Procedural errors
- Evidence collection/handling issues
- Lack of intent to harm
- Consent of the alleged victim
- Mistaken identity
- Alibi defense
- Insufficient evidence
- False allegations
- Lack of physical contact
- No imminent threat or harm
- Involuntary intoxication
- Acting under duress
If you’ve been arrested for assault, you no doubt have an uphill battle ahead of you. However, this doesn’t mean you won’t be successful. You’re entitled to due process, and this means that you cannot be convicted unless the government proves guilt beyond a reasonable doubt. Unfortunately, it’s well-known in the Arizona legal community that innocent people are commonly forced to serve jail time or even a prison sentence. It’s a simple fact that our legal system is flawed — so much so that defendants are seemingly awarded for accepting unfair plea deals for crimes they didn’t commit.
Fortunately, all hope is not lost. A Glendale assault attorney can review your case and help you understand your options. At The Turner Law Firm, we can’t guarantee a certain verdict — no law firm can — but we can guarantee that we’ll work relentlessly to secure a favorable outcome on your behalf.
Contact an Assault Lawyer in Glendale, AZ Today
If you find yourself facing criminal charges related to assault, it’s imperative that you fully comprehend the seriousness of your situation. A conviction for either misdemeanor assault or felony aggravated assault can have legal, personal, financial, employment, and a variety of other repercussions. Working with a Glendale criminal defense lawyer may be your best opportunity to avoid such outcomes. The simple fact is that the police, prosecutors, and court system are all set up to make convictions more likely — while minimizing the likelihood of a case going to trial. You need an advocate on your side.
At The Turner Law Firm, PLLC, we handle misdemeanor and felony criminal and DUI cases. Regardless of what crime you’re accused of, our focus is to give you a stellar defense that results in the best possible opportunity of exoneration. Even when assaults do not involve a deadly weapon or serious injury to the alleged victim, the reality is that a conviction can fully disrupt your life. Fortunately, you don’t have to face these possibilities alone. The Glendale assault lawyers at The Turner Law Firm are here to fight to protect your rights and secure a fair outcome
Contact us at (480) 568-5590 to schedule your consultation and learn more about your options.