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It is common for assault and battery arrests to happen in a home in front of children, other family and friends. Even if the victim does not ask for the other person to be arrested, Arizona police may decide to make an arrest if they believe a crime has taken place that can be proven in court.
After an arrest and before formal charges are potentially filed
can be a critical time frame for the accused.
Arizona Law Overview on Assault and Battery
Misdemeanor Assault ARS 13-1203 defined is a threat by word or act to do violence or physical injury upon another person, punishable up to a one year prison sentence and fines up to $2,500.
Threatening or Intimidating ARS 13-1202 - threatening physical harm to the body or personal property.
Endangerment ARS 13-1201 - a physical injury or death does not need to occur. Can be a misdemeanor endangerment risks just physical injury. Felony misdemeanor risks imminent death.
Aggravated Assault ARS 13-1204 is defined by the following circumstances:
A physical injury of a serious nature
If the victim was restrained
If the assault occurred after entering someone's private home
Use of a deadly weapon
Temporary but substantial disfiguration
The victim is a police officer, prison guard, firefighter, medical professional, prosecutor or teacher
Aggravated assault in Arizona is a Class 3 Felony that can range from 5-15 years for a first offense, 10-15 years for a second offense and 15-25 years for a third offense. Judges are required to issue sentence within the framework above so it is important to have an experienced criminal defense attorney in Phoenix to reduce a potential sentence.
What To Do
The state must decide if it will choose to file a formal charges against the accused. The state reviews evidence and takes statements from witnesses. If the state files charges, an arraignment date will be set. Criminal defense attorneys can provide their own review of facts and provide possible defenses which can lead to the dismal of a charge.
What your attorney will do
Should you be charged with a assault or battery charge, an attorney will examine all the evidence of the charges, scrutinize the actions of law enforcement, inform you of your legal rights, determine your best defense and then aggressively defend you.
Leavell and Rivera, PLC is a full-service law firm experienced in numerous areas of law. Our attorneys provide Arizona families and businesses with quality and affordable legal services. Call for a Free 30 Minute Consultation.
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