Aggravated assault against a health care worker can be charged in various situations, such as when a person causes serious physical injury to a health care worker, uses a deadly weapon or dangerous instrument to commit an assault, or commits an assault while the victim is bound or otherwise physically restrained. Additionally, the statute specifies that the offense must be committed against a health care worker who is engaged in the course of their duties, such as doctors, nurses, and other medical professionals. At Tamou Law Group, we understand the serious nature of these charges and the potential consequences that come with a conviction. Our attorneys are well-versed in the law and have a successful track record of defending clients against charges of aggravated assault against a health care worker. We will thoroughly examine the evidence, explore all possible defenses, and work to achieve the best possible outcome for our clients.
Aggravated Assault Against a Health Care Worker Charges In Arizona
Aggravated Assault Against a Health Care Worker Statutes In Arizona
The aggravated assault statute against a health care practitioner or provider in Arizona is listed under ARS 13-1203.
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 who is a health care practitioner or provider who is engaged in the practice of that person’s profession or practice while the health care practitioner or provider is on the premises of a hospital or other health care institution.
- 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.
Sentencing Guidelines for Agg Assault Against a Health Care Worker in Arizona
Aggravated assault against a healthcare worker is a serious crime in Arizona, and a conviction can have severe consequences for the defendant’s future. A conviction for aggravated assault against a healthcare worker can result in a felony criminal record, which can negatively impact the defendant’s employment prospects, housing opportunities, and other areas of their life. In addition to potential prison time and fines, a conviction may also result in the loss of certain civil rights, such as the right to own firearms and the right to vote. The following is a breakdown of the sentencing guidelines for misdemeanor and felony assault charges based on the number of historical offenses:
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First-Time Offenders
- For a first-time offender, aggravated assault against a healthcare worker is classified as a Class 4 felony, which carries a sentence of up to 3.75 years in prison. In addition to the prison sentence, the offender may also be ordered to pay fines and restitution.
Offenders With 1 Historical Prior
- If the offender has one historical prior conviction, the offense is classified as a Class 3 felony, which carries a sentence of up to 8.75 years in prison. In addition to the prison sentence, the offender may also be ordered to pay fines and restitution.
Offenders With 1 Historical Prior
- If the offender has two or more historical prior convictions, the offense is classified as a Class 2 felony, which carries a sentence of up to 12.5 years in prison. In addition to the prison sentence, the offender 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 Aggravated Assault Charges Against a Healthcare Worker
- Defenses that may be used in an aggravated assault case involving a police officer include:
- Lack of Intent: If the defendant did not intend to cause harm to the healthcare worker or did not realize that their actions would cause harm, this may be used as a defense.
- Consent: If the healthcare worker consented to the defendant’s actions, this may be used as a defense. For example, if the defendant was performing a medical procedure on the healthcare worker and the healthcare worker consented to the procedure, the defendant may be able to use this as a defense.
- Self-Defense: If the defendant acted in self-defense or defense of others against the healthcare worker’s use or imminent use of unlawful physical force, they may be able to use this as a defense.
- Medical Emergency: If the defendant was acting in response to a medical emergency and their actions were necessary to prevent harm to the healthcare worker or others, this may be used as a defense.
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 or a loved one is facing Aggravated Assault Charges Against a Healthcare Worker charges in Arizona, it’s essential to seek the guidance of an experienced criminal defense attorney as soon as possible. At Tamou Law Group PLLC, we understand the serious nature of Aggravated Assault Charges Against a Healthcare Worker charges and are committed to providing our clients with the knowledgeable and aggressive representation they need to protect their rights and freedoms. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today at 623-321-4699 to schedule a consultation and learn more about how we can help with your Aggravated Assault Charges Against a Healthcare Worker case.