AssaultAggressive Criminal Defense Available to Fight For Your Future
Tucson Assault Attorney
Experienced & Aggressive Legal Representation in Arizona
Sometimes, verbal confrontations can turn physical. Assault is a violent crime that is often brought against individuals engaged in a fight or brawl. Unfortunately, a conviction for assault has serious consequences, including jail/prison time, costly fines, and a permanent criminal record that can damage your professional reputation and personal life.
If you have been arrested for assault in Arizona, the Law Office of Carlos A. Medina, PLLC can help you either get your charges dismissed or significantly reduced to avoid serving any time behind bars. Our Tucson assault lawyer can review your case, determine your available defenses, and protect your rights and future throughout the criminal justice process.
If you are facing charges for assault in Tucson, contact us today to start your defense.
Simple Assault vs. Aggravated Assault
Simple assault means knowingly or recklessly causing physical injury to someone else, or knowingly making physical contact with someone else with the intent to harm, provoke, or insult. Furthermore, you could be charged with assault for intentionally causing someone else to fear imminent bodily injury.
In Arizona, assault charges are categorized by the following three misdemeanor classes:
- Class 1 misdemeanor – The assault caused actual physical injury. This type of misdemeanor is punishable by a maximum six-month jail sentence and a fine no more than $2,500.
- Class 2 misdemeanor – The assault included a threat of injury. This type of misdemeanor carries a jail term of up to four months and a fine not exceeding $750.
- Class 3 misdemeanor – The assault included intent to injure or provoke. This type of misdemeanor results in a jail sentence of up to 30 days and a maximum $500 fine.
Aggravated assault means intentionally, knowingly, or recklessly injure, provoke, insult, or cause injury to another individual. Common examples of aggravated assault include causing serious injury or disfigurement, using a dangerous instrument or deadly weapon, assaulting a minor who is 15 years of age or younger, assaulting a police officer or firefighter, assaulting someone who is restrained, or entering a private residence to commit assault.
Aggravated assault can be charged as high as a Class 2 felony or as low as a Class 6 felony. A first offense may result in a prison sentence of up to 15 years.
Can you go to jail for a misdemeanor assault charge?
In Arizona, if you are convicted of misdemeanor assault you can face serious punishment including jail time.
Possible jail sentences for misdemeanor assault include:
- Class 1 misdemeanor: six months in jail
- Class 2 misdemeanor: four months in jail
- Class 3 misdemeanor: 30 days in jail
Along with jail time you could face fines, probation, reimbursement of incarceration costs and community service.
Request a Free Case Evaluation Today
With over a decade of experience, our Tucson assault lawyer has defended clients facing various violent crimes, including assault. Do not risk getting convicted by letting our firm fight for you immediately.
Facing assault charges? Contact our Tucson assault attorney to discuss your case today.
If I’m innocent, do I really need an attorney?A: Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.
What is a plea agreement? Should I accept it?A: A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
If I refuse to give a statement or answer a question, will I face criminal charges?A: As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
What are my rights if I'm arrested?A: If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
Do I have to consent to a search of my home or vehicle?A: The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.