Arizona Aggravated Assault Charges - The Hogle Law Firm
by
Dana Hogle on Jan. 29, 2016
Summary: When you are arrested and charged with an aggravated assault you need to be prepared for a fight in the courts of Arizona. As an aggravated assault or Criminal Defense Attorney, I will fight to get our charges dismissed.
Aggravated assault charges
As an aggravated assault attorney in the Phoenix area, I see a lot of charges that have to do with aggravated assault charges. In criminal defense law, aggravated assault is a kind of assault which has been known to punish more severely. This is due to the seriousness of the situation which is being considered at hand. There are certain factors which raise assault to the designation of aggravated assault. These are the use of a weapon, the intent of the perpetrator, the status of the victim, and the degree of injury which has been caused. In addition, the assault which has taken place in the house of the victim has also been termed to be an aggravated assault.
Under the criminal codes, the state classifies assaults as aggravated assaults due to nature and the circumstance in which they occur. In addition, some of the courts may also use more specific names. One of it includes assault with a deadly weapon. In a lot of cases, you can be found guilty and you'll need to hire a Mesa aggravated assault attorney are qualified as felonies. On the other hand, simple assaults are classified as misdemeanors. In a lot of states, including the state of Arizona, there are multiple degrees of criminal charges which are associated with the aggravated assault.
Assault with a deadly weapon
During the course of an assault, the use of a deadly weapon has been classified as an aggravated assault. It does not matter whether the weapon has actually caused harm or injury to anyone. This is because the weapon is being used by the perpetrator with the intention of causing harm or instilling fear in the heart and mind of the victim. The weapons which are classified as being dead in the case of aggravated assault include the things which would cause injury or even death. Going by this description, guns are included as well.
The identity of the victim
Some assaults have been known to become aggravated assaults depending on the status or condition of the victim. For instance, many of the states have been known to punish aggravated assault which is committed on police officers, teachers, and firefighters. In typical cases, these kinds of assault situations are known to be aggravated assault when the victim in question was actually performing their duty when they were attacked or assaulted. In addition to all these, there are certain kinds of assaults which are also termed as aggravated assault. This includes hate crimes, the assaults which are based on ethnicity, race, religion, national origin, sexual orientation, or disability of the victim.
The intent of the perpetrator
In order for an assault to be pushed from being a simple assault to an aggravated assault, the intention of the perpetrator will also need to be taken into consideration. This is because if that person decided to act with the intention of causing harm or injury, then that assault is known to be aggravated. In addition, if a deadly or dangerous weapon is involved during the course of the assault, then that is known to be an aggravated assault. This is overlooking the fact whether the weapon would actually be used with the intention of causing harm or not.
The degree of injury which has been sustained by the victim
As a criminal defense lawyer, I can tell you if the victim has been found to sustain serious injuries, then the assault can come to be known as an aggravated assault. However, the seriousness of the injury will tend to vary from one state to another.
If you or a loved one has an aggravated assault charge you need to seek representation from only a qualified and experienced criminal defense lawyer in Arizona.
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