Aggravated Assault – The Criminal Court and the Civil Suits

October 8, 2009 by Maricopa County Court  
Filed under Criminal Court

By Frank Schumacher –

When charged of aggravated assault, an individual should take it seriously especially when it is a false accusation. A very serious punishment awaits you in Arizona if you are found guilty. The aggravated assault charge can not only be filed in the criminal court, it can lead to a civil suit as well. To avoid potential civil trial, you need a positive result from your criminal charge. To let yourself off the hook, you need to hire a good defense attorney that knows the ins and outs of an aggravated assault case.

In Arizona, there are three major scenarios where the crime of aggravated assault is most often seen. The first one is assault within the family. It may be between the husband and wife, parent and child, two siblings or some other family relations such as aunts and uncles. The second one is an assault by a person known to the victim. It might be a neighbor, friend, colleague, boss, classmate or teacher. The third one is assault by a stranger. Most common scenes for aggravated assaults happen at home while the rest typically occurs in roads and parking lots.

The definition of aggravated assault in Arizona is the unlawful attack by a person upon another person with the intent of inflicting serious bodily injury. There are broad cases concerning the crime of aggravated assault and the reason may not be what people commonly expect it to be. If you think that guns, sharp knives and baseball bats are the only weapons considered as deadly, you better think again. Even hands, feet, car or a toaster when used against another person can also result to a charge of aggravated assault.

Here are the five most recognized ranges of aggravated assault under the Arizona Revised Statutes 13-1204 (A).

1.    When a person causes another person of serious physical injury.
2.    When a person uses deadly weapon or weapons or other dangerous instrument.
3.    When a person commits the assault after entering other person’s private home with the intention to inflicting serious physical injury.
4.    When a person eighteen years of age or older commits the assault to another person who is fifteen years old or younger.
5.    When a person commits an assault to another person whose job belongs to one of the following: teachers, prosecutors, health care providers, policemen, prison guards and the like.

For those wrongly accused of aggravated assault, a skilled and aggressive lawyer will be the best defense in such situation. The lawyer will have to effectively separate the emotional concerns from the factual and legal issues in order to win the case in favor of the accused. Your lawyer can plead self defense, defense of a third person or even provocation in your case so you can be acquitted in the end. It is important to get acquitted in the criminal court for a larger chance to escape the civil lawsuit.

When you are faced with a []Phoenix criminal lawsuit or an []Arizona criminal lawsuit such as this, finding an effective defense lawyer should be your first priority. Ask around from your friends and family if they know one or you can also do your own research over the internet.

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