Building a Defense for an Assault with a Deadly Weapon Charge in Arizona
If you are emotional or overwhelmed, anything can happen. You may do something you regret, including committing assault with a deadly weapon.
If you face a weapon charge in Arizona, you do not have to fear or become stressed. You can work with a defense attorney at Gurion Legal to fight the conviction and plead your case.
Continue reading the article below to learn more about how the state of Arizona defines assault. The information will cover charges for both with and without a deadly weapon. You will also find potential defenses you and your attorney can work on together.
How Does the State of Arizona Define Assault?
You likely have a general idea of what assault is. If you face a conviction of this crime, it is essential to understand the legal definition. There are specific conditions that the assault charge must meet to receive a guilty sentence in Arizona.
Assault by Intentionally, Knowingly, or Recklessly Injuring Someone
To face a conviction of assault in Arizona, the prosecutor has to prove that you intentionally, knowingly, or recklessly harmed someone. If you did not have the required state of mind then the State cannot prove its case.
A perfect example of a lack of intent is if the assault was an accident. The prosecutor will have a difficult time showing your guilt.
Even if the action was an accident, you could still be convicted. Even reckless behavior may be punished.
Assault by Threatening, Insulting or Provoking Someone
If you intentionally put someone else in a position where they could fear imminent injury or death, you could face an assault charge. You do not have to give a verbal threat either. Simply touching a person in a desire to provoke them could lead to an assault charge.
If you knowingly touch someone with the intent to injure, insult, or provoke them, then you can be convicted of assault as well.
What are the Penalties for Assault Charges in Arizona?
The crimes listed above are misdemeanor charges in Arizona. The penalties will vary depending on the nature of the assault.
Class 1 Misdemeanors
If you injured the victim intentionally or knowingly you would face a class 1 misdemeanor charge. Typical penalties associated with this conviction range from jail time to hefty fines.
You will face a six-month jail sentence for a class 1 misdemeanor in Arizona. Additional consequences for this conviction include community service and probation.
Class 2 Misdemeanors
If you recklessly injure someone, or if you place them in reasonable apprehension of imminent physical injury, you will face the charge of a class 2 misdemeanor.
The maximum jail time you will serve is four months and a fine of up to $750.
Class 3 Misdemeanors
You will face a class 3 misdemeanor conviction if you knowingly touch someone with the intent to insult, injure, or provoke them.
The maximum jail sentencing for class 3 misdemeanors is 30 days. The maximum fine is $500.
What is the Definition of Assault with a Deadly Weapon in Arizona?
Assault with a deadly weapon in Arizona is aggravated assault. There are various forms of this latter crime in the state.
Aggravated assault occurs if you seriously injure the victim. Other circumstances could automatically lead to this charge, however.
If you injure someone after entering their home, you will face an aggravated assault conviction.
If you injure someone after entering their home, you will face an aggravated assault conviction. You may also receive the penalties for this crime if you are over 18 years old and the victim is younger than 15, restrain the victim, and in other ways.
Finally, aggravated assault can occur when you use a deadly weapon or dangerous instrument while committing any assault.
What are the Penalties for Assault with a Deadly Weapon in Arizona?
The penalties for assault with a deadly weapon in Arizona depend on your victim’s demographics. Learn more in the information below.
Class 3 Felonies
If you and the victim are both over 18 years old, you will face a class 3 felony conviction for assault with a deadly weapon. If found guilty, penalties will include jail time and substantial fines.
Typically Aggravated Assault with a deadly weapon is charged as a dangerous offense. A class 3 dangerous felony carries a prison range of 5 to 15 years, with a presumptive sentence of 7.5 years in prison.
Class 2 Felonies
If the victim is a prosecutor or peace officer, you will receive a conviction of a class 2 felony. Likewise if the victim is under 15 years old.
Again, assuming that the offense is designated as “dangerous,” you face 7 to 21 years in prison, with a presumptive sentence of 10.5 years.
What are Possible Defenses Against an Assault with a Deadly Weapon Charge?
An aggravated assault charge with a deadly weapon can bring you years in prison or jail. The team at Gurion Legal may use some of the following defenses:
You Acted Under Duress
Work with your defense attorney to determine if you can claim that your actions occurred while under duress. In Arizona, you are in this situation if someone threatened or used physical force to make you do something.
A Justified Use of Force
If the force used was not excessive, the law could justify your assault. If you were a security worker at an event, for instance, and needed to break up a fight, you could use this defense.
You can also use physical force if you are protecting another person from force or preventing the commission of certain crimes.
You Wanted to Protect Your Property
If you needed to protect your property, you may be justified in using physical force. If someone tried to break into your home, you could try to restrain them or hit them.
Lack of a Dangerous Instrument
You likely immediately imagine firearms, knives, or blunt-force items when you think of deadly weapons. If you use one of these items when committing assault, it is difficult to prove your innocence.
If you use a dangerous instrument, as mentioned above, the prosecutor will have a more difficult time. In Arizona, these items include those that cause injury or death in a specific circumstance. The vague definition leaves room for subjective interpretation.
Contact your defense attorney to argue that the item was not a dangerous instrument when you used it. You can show a case of self-defense with no intention of wanting to harm the victim.
Other Assault with a Deadly Weapon Defenses
The defenses listed above are some of those used for an assault with a deadly weapon charge in Arizona. There are many different defenses that may apply to your case, and the best way to find out which one is appropriate is to speak to an attorney at Gurion Legal.
Contact an assault defense attorney today to avoid facing unnecessary penalties.
