Aggravated Assault Defense Lawyer in Phoenix, Arizona
In Phoenix, Scottsdale, Glendale, Tempe and Mesa, there are a wide range of circumstances under which an assault can be charged as the more serious felony offense of aggravated assault. Depending on the facts of the case and the reason it was charged as a felony, the defendant could be facing mandatory prison if convicted. If a gun, knife, or other weapon was used by the defendant the case could be charged as a dangerous offense – even if the weapon was never used against the victim. Because the stakes are so high, you should have an experienced former felony prosecutor protecting your rights if you have been charged with aggravated assault.
Common aggravating factors used by the prosecution in Phoenix to charge aggravated assault include:
-
Use of a deadly weapon (such as a gun or knife) or a “dangerous instrument” (such as a baseball bat or broken beer bottle)
-
The infliction of serious physical injury onto the victim of the aggravated assault
-
The existence of a restraining order (or “order of protection”) against the defendant
-
The victim sustained temporary but substantial disfigurement
-
The defendant caused the victim to suffer a fractured bone
-
The assault was committed against a minor by an adult
-
The assault was committed against a police officer, nurse, doctor, firefighter or school teacher
-
Taking or attempting to take a police officer’s gun
Many aggravated assaults do not involve any injury to the victim, yet still carry a mandatory prison sentence. For example, if a victim reports that an individual pointed a gun or a knife at them, charges of aggravated assault can be filed, even if the weapon was never recovered by the police. As a former prosecutor and Phoenix Criminal Defense Attorney, Joshua S. Davidson has seen many cases where the serious charge of aggravated assault is filed based only the allegations of the purported victim. Because the prosecution will charge these aggravated assault cases and aggressively seek a prison sentence, your freedom could be jeopardized even in the absence of any physical evidence to bolster the victim’s allegations.
Aggravated Assault Defense Attorney in Phoenix
In addition to having the trial experience necessary to effectively challenge the credibility of your accuser at trial, Phoenix Criminal Defense Lawyer Joshua S. Davidson conducts a through defense investigation and carefully evaluates all aggravated assault cases for any potential self-defense claims that could be asserted in court. Due to a recent change in Arizona law, the prosecution must now prove that the defendant did NOT act in self defense when the aggravated assault was committed. Up until the law changed, self-defense was considered an “affirmative defense”, meaning that the defendant had the burden of proof and had to basically prove his innocence at trial. By keeping abreast of these and other legal developments, Joshua S. Davidson provides his clients with the best representation available and will put his experience to work for you.
Do not put your future and your freedom in the hands of a inexperienced lawyer. Joshua S. Davidson is a former felony prosecutor who will aggressively fight for you and maximize your chances of receiving a reduction or dismissal of your aggravated assault charges.
Contact Phoenix criminal defense attorney Joshua S. Davidson today if your or a loved one are facing aggravated assault charges.