If you or a loved one has been charged with aggravated assault with serious bodily harm, you’re likely dealing with a lot of confusion, fear, uncertainty, and wondering what your next steps should be. Here in Yuma, the law is clear on just how severe the consequences can be, which makes it all the more important that you work with a skilled Yuma aggravated assault with serious bodily harm lawyer as soon as possible.
At Lerner and Rowe Law Group, our team of Yuma criminal defense lawyers can give you the support you need through your ordeal by offering you a professional opinion, explaining your rights in this scenario, and looking at your next best steps.
What Is Aggravated Assault with Serious Bodily Harm in Arizona?
According to Arizona Revised Statutes, Section 13-1204, an individual commits aggravated assault if they commit assault with certain elevating circumstances. The elevating circumstances listed include bodily harm that:
- Puts the victim at risk of dying
- Inflicts permanent disfigurement on the victim
- Impairs any bodily organ or part
This is not a minor injury case. Prosecutors in Yuma County pursue these charges seriously, and conviction may have serious life-changing implications.
What Are the Sentences?
Aggravated assault with serious physical injuries is a Class 3 felony according to Arizona law. This distinction is crucial, as a felony will stay on your record and have long-lasting consequences on future employment, housing, and licensing.
For someone without any prior felony convictions, under A.R.S. § 13-702, you could be facing the following sentences:
- Mitigated: 2 years
- Minimum: 2.5 years
- Presumptive: 3.5 years
- Maximum: 7 years
- Aggravated: 8.75 years
However, this changes if the felony aggravated assault is also designated as a dangerous felony where deadly weapons or instruments were used. According to A.R.S. § 13-704, this designation automatically makes the case a dangerous offense. This makes a massive difference. Here, prison time is mandatory, with no possibility of probation and an 85% minimum of the sentence served.
It should be noted that prior felony offenses increase the ranges substantially. Other than imprisonment, the following are some of the penalties for a felony conviction in Arizona:
- Losing the right to own or possess firearms
- Voting restrictions while imprisoned and during parole
- Possible deportation implications for undocumented people
- A criminal record that will follow you forever
How Yuma County Prosecutes Such Cases
Aggravated assault with serious bodily harm cases are prosecuted by the Yuma County Attorney’s Office. Proceedings are conducted at the Yuma County Superior Court.
In these cases, it’s normal for prosecutors to be on a higher level of vigilance, conduct extensive investigations, and seek harsh prison terms. Law enforcement agencies in Yuma County, like the Yuma Police Department and Yuma County Sheriff’s Office, tend to have substantial case files prior to filing charges.
This is why it’s vital to work with an experienced Yuma aggravated assault with serious bodily harm lawyer as soon as possible.
Defense Techniques for Aggravated Assault Accusations
Simply being charged doesn’t mean you’re guilty. Our defense lawyers look at all aspects of your case and seek to find where the state’s position breaks down.
Self-Defense and Defense of Others
Under Arizona law, you have the right to defend yourself and protect others from harm. According to the statute, you are entitled to use physical force on someone if it appears to you that such action is immediately necessary to avoid harm to yourself. Where self-defense is involved, and there really was a need to protect yourself from harm, this may lead to charges being dropped entirely.
Defending the “Serious Physical Injury” Requirement
To prove an aggravated assault case, the prosecution must demonstrate beyond a reasonable doubt that each and every element of the offense exists. One of those elements includes establishing that the victim suffered a serious physical injury. It is important to note that not all major injuries constitute a “serious” injury under Arizona law.
Intent
Aggravated assault crimes require intent. However, even accidents or misunderstandings may get charged to the limit. With that said, lack of criminal intent could be used as a proper defense. The details of what led to the crime will be reviewed — such as who made the first move, what was said, and what both parties were thinking at the time.
Witnesses and Evidence Problems
Eyewitnesses are notoriously unreliable sources. Evidence may be lost or improperly analyzed. Videos might be missing important context. All evidence will be reviewed—and disputed where necessary.
Constitutional Rights
Should your constitutional rights have been violated during the process of investigating the crime (e.g., illegal searches or interrogations), any information obtained in violation of these rights may be inadmissible in court.
Why You Need a Yuma Aggravated Assault with Serious Bodily Harm Lawyer
With felonies, a lot happens during the days or weeks immediately following an arrest. The case against a suspect is built straightaway, witness recollections fade, and it could be difficult to recover evidence that was destroyed, changed, or simply not found in time.
Working with a Yuma criminal defense lawyer early allows you to:
- Have an advocate present during your arraignment for bail purposes
- Initiate an independent investigation prior to any loss of evidence
- Prevent the filing of formal charges in some instances
- Maximize negotiating power if any plea bargain is being offered
- Form a strong and proactive defense early, rather than a late and reactive one
Our criminal defense lawyers are available 24/7. We’re ready to work with you and build you the strongest possible case.
Contact a Yuma Aggravated Assault with Serious Bodily Harm Lawyer Now
Do you need the help of a Yuma aggravated assault with serious bodily harm lawyer to represent you against the charges you’re facing? Lerner and Rowe Law Group fights aggressively for justice and understands Arizona law and procedure.
We do not offer cookie-cutter strategies but instead cater to your unique case and challenge every piece of evidence the prosecution offers. Contact us now to get started with your free consultation. Call us today at (520) 620-6200, fill out our convenient online contact form, or use our LiveChat service now.