Flagstaff Felony Assault Lawyer

Flagstaff Felony Assault Attorney

Felony assault is a serious crime. Being convicted of felony assault can come with prison time, hefty fines, and other life-altering ramifications, even if this is your first offense. The Kaiser Law Group has the background necessary to represent you and protect your rights. You do not want to try to handle a complicated situation like this alone. Reach out to our Flagstaff felony assault lawyer as soon as possible.

Working With the Right Felony Assault Lawyer

Our attorney has represented clients across Arizona and advocated for the right results for each client. Being an experienced trial lawyer means that our attorney has handled all kinds of cases and knows how to plan for your case. Helping you understand your charges and discussing the possible solutions are just the first steps in preparing your case strategy. When your future is on the line, you want to ensure an experienced attorney is helping you through.

Understanding Felony Assault

Felony assault or aggravated assault occurs when a person causes serious physical injury to another person intentionally, knowingly, or recklessly.

• Intentionally: If a person has the objective to cause serious physical injury or use a deadly weapon to commit an assault.
• Knowingly: A person has an awareness that their actions may cause serious physical injury to another person.
• Recklessly: When someone disregards the risk associated with their actions and those actions cause another person serious physical injury.

Will You Go to Jail for Felony Assault in Arizona?

The amount of time you may spend in jail for felony assault in Arizona depends on the specifics of your case. In most situations, the classification is a Class 3 felony, and this comes with a 5 to 15-year sentence for the first offense. Additional offenses can result in 10 to 20 years for the second offense and 15 to 25 years for the third offense.

Along with prison time, hefty fines of up to $150,000 come with the sentence.

What Is the Lowest Charge of Assault?

The lowest charge of assault in Flagstaff is simple assault. Simple assault is typically a misdemeanor and involves either:

• Failed battery attempt, which is an attempt to cause serious physical harm to someone
• a threatening act that causes a person to fear an imminent battery.

If the individual does not drop the charges or a plea deal does not occur, a simple assault case will go to trial. In simple assault cases, the prosecution has to prove all elements of simple assault to get a conviction: intent, reasonable apprehension, and actual harm. If found guilty, there will be sentencing of probation, fines, or even jail time for the misdemeanor crime.

Explaining a Class 3 Felony

A Class 3 felony assault requires proof beyond reasonable doubt that the defendant touched another person with an intent to injure them. Due to the severity of the crime, a Class 3 felony assault conviction has harsh penalties. The sentence might be 2 to 8.75 years for the first conviction. This sentence can rise to 25 years if the defendant has multiple felony convictions. These prison sentences also come with fines and restitution fees.

Determining Potential Assault Penalties

The typical felony assault penalties in Arizona vary per the factors of the situation, the classification of the assault, and whether the defendant is a repeat offender. Some common characteristics of these crimes are:

• The offender used a weapon or dangerous instrument,
• A minor under the age of 18 was involved in the altercation,
• The alleged offender has prior convictions,
• The assault led to death or severe injury, and
• The victim was pregnant during the assault.

Classifications for felony assault range from Class 6 (least severe) to Class 2 (most severe). A Class 6 assault comes with a prison term of 2 to 4 years, while a Class 2 assault conviction has a prison term of 7 to 21 years. Penalties for Class 5, 4, and 3 assaults generally fall somewhere between these Class 6 and Class 2 felonies.

Common Defenses for Your Felony Assault Case

Common defenses for felony assault range from lack of intent to self-defense. Being accused of an aggravated assault does not mean you are guilty. An experienced criminal defense lawyer can help their client develop the most robust defense to challenge the prosecution’s evidence.

• No Intent A burden of proof in a felony assault case is that the prosecution must prove that you intentionally committed the crime. If the prosecutor fails to do this, a defense attorney argues that you cannot be found guilty of the corresponding assault. If the court cannot show that you acted intentionally or recklessly, then the court will drop your charges.
• False Accusation You may be falsely accused if the crime involves multiple parties or relies on witness testimony. Sometimes, a person who wants to avoid arrest may falsely accuse another person. If your defense attorney can provide evidence showing that you were falsely accused, the court may reduce or drop your charges.
• Self-Defense and Defending Others If you committed assault while trying to defend yourself and acted with the necessary protective force, you may have a valid defense. In cases where you protected another person in this same manner, you may also have a valid defense.
• Lack of Knowledge of Status Some cases are elevated to felony assaults because of the victim’s status. In the case that you did not know the victim’s status, like in the case of assault against a law enforcement officer, you may have a valid defense.

Getting a Felony Assault Lawyer

Being accused of felony assault is a severe charge. Anyone facing this charge should seek counsel. An experienced felony assault lawyer will ensure that your rights are protected. They will use the facts of your case to achieve your appropriate results.

Let Us Examine Your Case, Call Today

If you or someone you love has a felony assault charge, you should seek legal counsel. Contacting a knowledgeable felony assault lawyer will help you prepare your defense. Our attorney knows Arizona assault laws and has dealt with all case types. If you are ready to speak to someone about your case, contact The Kaiser Law Group today to set up a consultation.