Assault Charges
Facing an aggravated assault charge in Chandler, AZ? Protecting legal rights is a priority for individuals represented by Shell & Nermyr. Aggravated assault requires proving specific assault elements alongside aggravating factors. If accused, it is important to understand constitutional rights and the value of legal representation.
Aggravated Assault in Arizona
Under Arizona law, a standard assault escalates to an aggravated assault if an initial assault is paired with specific aggravating factors.
1. Elements of an Assault
A person commits assault by intentionally, knowingly, or recklessly:
- Causing physical injury to another.
- Placing someone else in reasonable fear of imminent physical injury.
- Touching someone with the intent to injure, insult, or provoke them.
2. Factors That Elevate the Charge
An assault becomes an aggravated felony if any of the following apply:
- Serious physical injury is caused to the victim.
- A deadly weapon or dangerous instrument is used.
- Entry into a private home is made with the intent to commit the assault.
- The age of the individuals involved meets specific statutory criteria for aggravation.
- The victim is a peace officer, or someone assisting them, actively performing official duties.
- The victim is physically restrained.
- The victim’s ability to resist is substantially impaired.
- An inmate assaults a correctional/custodial employee.
Chandler Criminal Defense Attorneys
The local criminal defense attorneys at Shell & Nermyr have a history of practicing in Chandler and throughout Maricopa County. The team has secured not-guilty verdicts in felony trials and worked toward the dismissal of aggravated assault cases.
Constitutional Rights: The Right to Remain Silent
When police are investigating a crime, individuals have a constitutional right to remain silent, regardless of citizenship status. This right is a fundamental part of the United States legal system designed to protect individuals during investigations.
Consulting with a licensed criminal defense attorney is the standard recommendation for anyone facing criminal charges to ensure their rights are fully protected throughout the legal process.
If someone is facing an aggravated assault charge in Chandler, AZ, seeking a case evaluation is a common next step. Let me know if you would like me to add information regarding:
- The potential penalties for felonies in Arizona.
- General methods used to challenge evidence and witness testimony.
- The specific wording to invoke your right to counsel.
480-775-4800