Assault Lawyer

Assault charges in Mesa can lead to serious legal and personal consequences. Understanding Arizona’s assault laws and securing experienced legal representation is crucial when safeguarding your rights. A Mesa assault lawyer at The Law Office of Joshua A. Lopez, LLC, can provide a comprehensive legal defense, tailored to the unique circumstances of your case.

Arizona recognizes two types of assault: simple and aggravated. Both categories come with varying degrees of severity and corresponding penalties.

• Recklessly, knowingly, or intentionally causing harm to another
• Making someone fear immediate physical injury
• Knowingly touching someone to hurt, insult, or provoke them

The charges for simple assault vary by class of misdemeanor. A Class 1 misdemeanor is the most serious charge, and Class 3 misdemeanors are the least serious.

Aggravated assault occurs when aggravating factors coincide with the assault, such as the use of a firearm, which makes up 31.6% of aggravated assault charges.

• Inflicting severe bodily harm on another person
• Employing a lethal weapon or hazardous tool
• Attacking specific protected individuals, such as law enforcement or teachers, while they carry out official duties
• Carrying out the assault after unlawfully entering someone’s private residence with the intention of harming them

The state reported 21,119 cases of aggravated assault in 2024. This figure represents a 5.90% decrease in aggravated assault charges compared to 2023.

Aggravated assault is generally classified as a felony, with a Class 6 felony being the least severe, and a Class 2 being the most severe.

The penalties for assault convictions vary based on the classification of the offense in Arizona. Simple assault penalties break down as follows:

• Class 1 misdemeanors can result in up to six months in jail, fines, and probation.
• Class 2 misdemeanors can lead to up to four months in jail, fines, and probation.
• Class 3 misdemeanors can bring up to 30 days in jail, fines, and probation.

Felony assault charges come with more severe penalties, resulting in lengthy prison sentences, fines, and the loss of certain civil rights, such as owning a firearm. These penalties vary based on several factors, such as prior criminal history, the presence of aggravating factors, and the severity of the victim’s injuries.

Having a strong defense strategy is imperative when facing an assault charge. At The Law Office of Joshua A. Lopez, LLC, we can build a robust defense, tailored to the unique circumstances of each client. Some of the common defense strategies we employ include:

• Self-defense or the defense of others: This suggests that the defendant acted to protect themselves or another person. Arizona law recognizes self-defense as a valid justification for using force if it is proportional to the threat encountered.
• Lack of intent: We can demonstrate that the defendant did not intend to commit assault, showing that the injury was purely accidental and not a result of deliberate harm.
• Consent: In some cases, the alleged victim may have willingly agreed to the conduct that led to the assault. This defense applies when both parties voluntarily participated in the actions that resulted in the injury.
• Insufficient evidence: This involves challenging the prosecution’s case by pointing out inconsistencies in details, unreliable witnesses, or a lack of solid proof that connects the defendant to the offense.
• Violation of constitutional rights: If your constitutional rights were infringed upon during the investigation or arrest, such as unlawful searches or interrogations, your case may be dismissed or charges reduced.

Navigating the complexities of assault laws and the criminal justice system requires an experienced Mesa assault lawyer. The Law Office of Joshua A. Lopez, LLC, fervently advocates on behalf of our clients, protecting their rights and interests.