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Aggravated assault against a police officer is a serious crime in Arizona, and the consequences of a conviction can be severe. If you are facing assault charges in Arizona, it is important to have an experienced attorney on your side to defend your rights and minimize the potential consequences of a conviction.
Aggravated Assault Against a Police Officer Charges In Arizona
Aggravated Assault Against Police Officer Statutes in Arizona
The aggravated assault statute against a police officer in Arizona is listed under ARS 13-1204.
The specific language of the statute is as follows:
“A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
- If the person causes serious physical injury to another.
- If the person uses a deadly weapon or dangerous instrument.
- If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
- If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired.
- If the person commits the assault after entering the private home of another with the intent to commit the assault.
- If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or younger.
- If the person commits the assault knowing or having reason to know that the victim is a peace officer, or a person summoned
Sentencing Guidelines for Agg Assault Against Police Officers in Arizona
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The sentencing guidelines for Agg Assault Against Police Officers charges in Arizona are dependent on several factors, including whether it is a first-time offense or if there are any historical offenses. The following is a breakdown of the sentencing guidelines for misdemeanor and felony assault charges based on the number of historical offenses:
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
First-Time Offenders
- If you are facing charges of aggravated assault against a police officer for the first time, the offense is classified as a Class 3 felony. If convicted, you could face a sentence of up to 8.75 years in prison. In addition, you may be ordered to pay fines and restitution.
- If you have two historical prior convictions, the offense is classified as a Class 1 felony. If convicted, you could face a sentence of up to 25 years in prison. In addition to the prison sentence, you may also be ordered to pay fines and restitution.
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
Defending Against Aggravated Assault Charges Against an Officer
Defending against aggravated assault charges can be complex, and there are several defenses that an experienced criminal defense attorney can utilize to protect your rights and minimize the potential consequences of a conviction. The following are some common defenses that may be available in assault cases:
- Defenses that may be used in an aggravated assault case involving a police officer include:
- Self-Defense: If the defendant acted in self-defense, they may be able to use this as a defense against the charges. In Arizona, a person is justified in using physical force to defend themselves or others against the use or imminent use of unlawful physical force.
- Defense of Others: Similar to self-defense, if the defendant acted to defend another person against the use or imminent use of unlawful physical force, they may be able to use this as a defense.
- Mistaken Identity: If the defendant was misidentified as the perpetrator of the crime, they may be able to use this as a defense. This defense may be effective if there is evidence that someone else committed the crime and the defendant was mistakenly identified.
- Lack of Intent: In some cases, a defendant may argue that they did not intend to cause harm to the police officer. This defense may be used if the defendant’s actions were accidental or if they did not realize that their actions would cause harm to the officer.
- Police Misconduct: In rare cases, a defendant may be able to use police misconduct as a defense. This defense may be used if the police officer used excessive force or acted inappropriately during the course of the arrest.
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
If you are facing aggravated assault charges against an officer in Arizona, the legal team at Tamou Law Group PLLC is here to help. Our experienced criminal defense attorneys have a deep understanding of the state’s assault statutes, sentencing guidelines, and defenses. We will work tirelessly to defend your rights and protect your interests throughout the legal process.
Don’t wait to get the help you need. Contact us today at (623) 321-4699 to schedule a free case evaluation and learn more about how we can help you with your assault charges.
