Tempe Aggravated Assault Lawyer

Aggravated Assault Attorney in Tempe, AZ

If you have been accused of aggravated assault, you know how intimidating the criminal justice system can be. A Tempe aggravated assault lawyer can help you understand Arizona’s assault laws, penalties, and procedures. Aggravated assault is considered more serious than simple assault. Allegations will likely include severe injuries, weapons, and/or vulnerable victims.

Most criminal cases in Tempe begin in Tempe Municipal Court, located at 140 E 5th St, Tempe, AZ 85281. Felony cases such as aggravated assault are filed in Maricopa County Superior Court. However, the municipal court may still hear cases related to aggravated assault, including first appearances.

About Davidson Criminal Defense & DUI Law Firm

Joshua S. Davidson is an Arizona criminal defense attorney who focuses strictly on criminal defense matters. Before entering private practice, Joshua worked as a prosecutor in the Maricopa County Attorney’s Office in the Major Crimes Division. Davidson has tried over 70 jury trials, dealing with all types of criminal offenses, including felonies.

Mr. Davidson understands how aggravated assault cases are investigated and prosecuted. He personally handles each and every case, is fluent in all Arizona criminal statutes, and knows the court procedures for every courthouse in Maricopa County, including the Tempe Municipal Court.

What Makes an Assault Aggravated in Arizona

According to NeighborhoodScout, Tempe has an assault rate of 3.39 per 1,000. In 2024, there were 644 assaults, including aggravated assault. This was higher than the national rate of 2.56. Assault is defined under Arizona Revised Statutes § 13-1203. A person commits assault by:

• Causing another person physical harm, whether on purpose, with knowledge, or through recklessness
• Causing someone to reasonably fear immediate physical harm
• Knowingly engaging in offensive physical contact with another person

Aggravated assault is defined separately under Arizona Revised Statutes § 13-1204. As stated above, assault cases involve several different scenarios. If certain aggravating factors are added to one of the scenarios above, the assault charge may be upgraded to aggravated assault. For example:

• Aggravated assault causes serious physical injury.
• Aggravated assault is committed with a deadly weapon.
• Aggravated assault causes injury to a protected class, such as a police officer or teacher.
• The alleged victim was restrained, mentally impaired, or under the age of 15.

Aggravated Assault Procedure in Arizona

Felony offenses such as aggravated assault will often be filed shortly after the police break up the alleged incident. The police will interview witnesses and document injuries and evidence at the scene. Police will often arrest someone on aggravated assault charges based on probable cause.

After charges have been filed, the case will be scheduled for an initial appearance. The accused will then have a preliminary hearing or a grand jury to establish probable cause. Typically, the defendant will enter a plea at the arraignment. From there, the case will be scheduled for a series of pretrial conferences. Much of what goes on at these hearings will revolve around evidence, including:

• Medical records
• Surveillance video
• Eyewitness testimony
• Scientific testing (like DNA)

These cases often include digital evidence as well. Phone records and text messages can be requested by the prosecution and used against you in court.

Aggravated Assault Penalties in Arizona

Aggravated assault can carry heavy penalties and lifelong consequences. Since aggravated assault is a felony in Arizona, penalties will vary depending on the level of offense, a prior record, and whether a deadly weapon was involved. Penalties include:

• Prison time
• Fees
• Probation
• Restitution
• Permanent felony conviction

These penalties can cause a ripple effect that permeates throughout your life. Collateral consequences can impact your job, housing options, and even your social life.

Hire an Aggravated Assault Lawyer

Facing a serious allegation like this, many people wonder if they should seek the counsel of a Tempe aggravated assault attorney and learn where they stand. Assault cases can be very tricky. The complexities of fact and law in these situations are frequently beyond what an ordinary person might anticipate.

When you hire an aggravated assault lawyer, they can review your case with their knowledge of court procedures and local laws. Usually, the wisest course of action involves examining the existing evidence, verifying that the charges precisely match the legal definition of the crime, and uncovering any weaknesses in the prosecutor’s position.

FAQs

How Many Years Do You Get for Aggravated Assault in Arizona?

Aggravated assault can be anywhere from a lower felony punishable by probation to a serious, dangerous felony punishable by multiple years in prison. Aggravated assault, where a deadly weapon is used or serious injury is caused, typically receives higher prison sentences, especially if there are prior convictions or multiple aggravating factors.

How Much Can I Claim for Aggravated Assault?

The civil claim for assault is separate from the criminal proceedings. Rather than jail time, Georgia assault victims can claim damages. These can include medical bills, lost wages, pain and suffering, permanent disfigurement, or impairment. Many cases have no maximum limit. Damages awarded depend on the severity of injuries and evidence.

Can Assault Charges Be Dismissed in Arizona?

Yes, charges for assault can be dropped if the prosecutor can’t prove their case beyond a reasonable doubt. In some cases, this occurs due to a lack of evidence. Eyewitness testimony that contradicts other evidence can also result in charges being dropped. Violations of your constitutional rights can also cause charges to be dismissed. It all depends on whether or not there is enough evidence to prove the case against you, according to Arizona law.

Can Aggravated Assault Charges Be Dropped by the Victim?

Not necessarily. In Arizona, the decision to file or not file charges is up to the prosecutor. Even if the alleged victim states they do not want charges filed, prosecutors may still file charges if they believe they have sufficient evidence to prosecute. While the victim’s input is considered, they do not make the decision.

Contact Davidson Criminal Defense & DUI Law Firm

If you have been accused of aggravated assault in Tempe, Davidson Criminal Defense & DUI Law Firm can help you in the legal process. Contact us today to speak with a representative and begin advocating for your future. violence, don’t wait to seek legal help. Davidson Criminal Defense & DUI Law Firm can help. Contact us today for a consultation.