Phoenix Aggravated Assault Attorney
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.