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Tucson Assault Crimes Lawyer

7/24/2020

1 Comment

 

Tucson Criminal Defense Attorney - Violent Crimes

Tucson Assault Crimes Defense Lawyer
Crimes involving violence and assault are treated very seriously by police, prosecutors and courts.  As such, it is important to have an attorney on your side who knows how to defend criminal charges, and has experience handling serious and violent felony cases.  If you or a loved one has been arrested or charged with an assault crime, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  Click HERE for our article dealing specifically with Domestic Violence.

WHAT IS ASSAULT?
An assault can be committed by:
Intentionally, knowingly, or recklessly causing any physical injury to another,
Intentionally placing another person in reasonable apprehension of imminent physical injury, OR
Knowingly touching another person with intent to injure, insult or provoke.
It is important to note that a person can be convicted of assault even without ever making any physical contact, without intending to cause and harm, and without actually causing any injury.  Simple assault is a misdemeanor.

AGGRAVATED ASSAULT
Aggravated assault is a more serious crime, where the elements of assault are met, and accompanied by any of the following aggravating factors: Causing serious physical injury to another person, using a deadly weapon or dangerous instrument (more HERE on weapons offenses), using force that causes temporary disfigurement, assaulting a restrained victim, assault is committed after entering a private home with intent to commit the assault, the victim is a minor, there was already a protective order, the victim is a police officer/teacher/firefighter/healthcare practitioner/etc., using a simulated deadly weapon, or if the defendant has served a prior prison sentence.  Aggravated assault will be a felony, with the degree of felony depending on the specific aggravating factors giving rise to the aggravated charges.

THREATENING OR INTIMIDATING
It is against the law to threaten, by words or by conduct, to cause physical injury to another person or serious damage to another's property, to cause a serious public inconvenience (e.g. bomb threat), or to injure another person in order to promote, further or assist a gang or other organized crime enterprise.  Threatening will be charged as a felony for gang members, or if the threats are made as retaliation for the alleged victim coming forward to report a crime.  What does and does not qualify as a threat is not always an easy line to draw, especially in regards to allegedly threatening conduct.

SEXUAL ASSAULT
Under Arizona Law, sexual assault is intentionally or knowingly engaging in intercourse or oral sexual contact with any person without their consent.  Sexual assault is a class 2 felony, and sentences are not eligible for suspension of sentence or probation.  Sexual assault is punishable by up to 14 years in prison, with even more time added for repeat offenders, sexual assault on a minor victim, or sexual assault involving drugging.  Arizona has a more modern sexual assault statute that does not require proof of the use of force, intimidation, or resistance in order to convict. 

ENDANGERMENT
The crime of endangerment covers reckless behavior that puts another person in substantial risk of imminent death or injury.  Some reckless acts can include unsafe driving, failure to adequately care for the safety of children, and anything else that satisfies the elements of the crime.  Endangerment can be a Class 6 felony, if the reckless behavior created a substantial risk of death. 

OTHER ASSAULT-RELATED CRIMES
Unlawful Mutilation, Drive-By Shootings, Unlawfully Administering Intoxicating Liquors or Drugs, Dangerous or Deadly Assault by Prisoner or Juvenile, Prisoners who commit assault with intent to incite riot, Assault by Vicious Animals, Drive-By Shooting, Assault on Hospital/Public Safety Employees, Discharging a Firearm at a Structure, Prisoner Assault with Bodily Fluids, and Aiming a Laser Pointer at a Peace Officer or Occupied Aircraft.

Click HERE for more information about HOMICIDE
Click HERE for more information about ROBBERY
Click HERE for more information about ATTEMPTED MURDER
Click HERE for more information about MURDER
Click HERE For more information about MANSLAUGHTER

COMMON DEFENSES TO ASSAULT CRIMES
Self-Defense - where force was reasonably necessary to defend against an imminent threat, the defendant can claim self-defense, and should avoid a conviction.
Defense of Others/Property - Defending another person or property is also a valid defense to assault crimes, so long as the assault was reasonably necessary to defend against imminent harm to another person or property.
Mistaken Identity - Victims and witnesses of crimes sometimes overestimate their ability to identify a person who committed a crime.  Mistaken identity is one of the leading causes of overturned convictions.  Unfortunately, rather than recognize this flaw with their investigations, police lean into the problem, encouraging witnesses to make identifications, even when they are not certain.
False Accusations - Sometimes complaining witnesses lie as a way to get revenge or otherwise harm a person by making up false claims of criminal activity.  This is especially common in domestic violence cases.

IF YOU OR A LOVED ONE HAS BEEN CHARGED WITH A CRIME INVOLVING ASSAULT, SEXUAL ASSAULT,  DOMESTIC VIOLENCE, OR A GANG INTIMIDATION CRIME, IT IS IMPERATIVE TO HAVE AN EXPERIENCED LAWYER, WHO KNOWS HOW TO HANDLE HIGH-STAKES VIOLENT CRIME AND GANG CASES.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER   520-585-5757

Helpful Tucson Criminal Law Links:
Pima County Superior Court
Tucson Police Department
Pima County Sheriff

Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
1 Comment
Monica C Samaniego
2/13/2025 11:04:15 am

I have a son at the Pima County Jail asking for a criminal defense attorney. Please call me at 520-367-9036/

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