Have You Been Charged With Assault in Tempe?
There are various types of offenses that the crime of assault covers. It can be a crime that is verbal, physical or sexual in nature.
A misdemeanor assault will have been committed by:
Knowingly, intentionally, or recklessly causing any form of physical injury to someone else; or placing someone else in apprehension of imminent physical injury that is reasonable and intentional; or knowingly touching someone else with the intent to insult, injure or provoke said person. To be charged as well as convicted of this assault, there is no need of actual injury. The penalty for a first offense, if convicted of a charge of misdemeanor assault, is up to six months jail time.
When assault with a weapon or an instrument that is dangerous is committed by a person, for example with a vehicle, it is considered to be a crime of Aggravated Assault. When a victim suffers from a temporary yet substantial loss, a serious physical injury, a fracture, or impairment of a body organ, this is considered to be Aggravated Assault. On top of that, if the assault is committed against a child under the age of 15, a police officer, paramedic or firefighter, that too is also an Aggravated Assault. Aggravated Assault is a felony offense.
The penalties of these aggravated assaults, since they are felonies, are enhanced. The defendant could even end up with a prison sentence. If there was use of a deadly weapon or if serious injury resulted, often times the prosecution will file an allegation of dangerousness. This will increase the punishment, resulting in mandatory prison time.
If the victim and defendant were in a domestic relationship, the crime is then considered to be one of domestic violence. Every case like this is treated differently and the consequences are more severe. Domestic violence in Arizona will often involve the types of domestic relationships listed below:
- Couples who are dating
- Couples with a pregnancy or child in common
- Parents and children
- Grandparents and grandchildren
You can find more information on the subject of domestic violence offenses.
On top of possibly being incarcerated, fines and probation, a conviction of domestic violence will also include the requirement of counseling. This counseling is mandated by law and could last at least several months. Restricted communication with the victim may also be ordered by the court. You can also be affected by a domestic violence conviction in family court. Visitations with a child could be restricted or custody rights could be lost. Additionally, you lose the right of possessing a firearm. Because of the nature of the offense, valuable job opportunities can be lost with a conviction for domestic violence.
If you find yourself being accused of such a crime, get in touch now with Robert A. Dodell, Attorney at Law. Your rights, freedom and future are in jeopardy. It is crucial that you speak with an aggressive and skilled assault attorney. To protect you from such crimes, Robert will help you with the defense that is needed. When protecting your rights, the services that Robert A. Dodell provides are tailor made. You can directly contact Robert A. Dodell, Attorney at Law; this can be done via email or by calling 480-860-4321. Call now and receive a free initial consultation.