What is the crime of aggravated assault? Well, this is a case which should never be taken lightly. The punishment of anyone convicted of this offense can be very severe; thus one accused of this crime would need the best criminal defense lawyer in order to get acquittal or at least a lower penalty or punishment.
Assault takes three forms - the assault, assault and battery and aggravated assault. This offense can fall under misdemeanor or felony. In the State of Arizona, assault is one grave offense. In this particular state of USA, ARS 13-1203 and ARS 13-1201both fall under misdemeanor assault charges. And this involves intentional actuation to cause a physical injury to another individual, either the intent is intentional or just recklessness. Penalty when found guilty of misdemeanor charges can be a maximum of one year imprisonment and up to $2,5000 fine.
The ARS 13-1204 in Arizona is known as the aggravated assault and this is considered Class 3 Felony. Aggravated assault is just a simple assault with aggravating circumstances. The aggravating factors are use of deadly weapon resulting to serious physical injury. It can also be aggravated by entering the home of another and restraining the victim. This is a type of crime that is mainly described as an attack that results to serious injury. It may involve use of deadly weapon. Penalty for this offense is imprisonment of 5 - 15 years, for first conviction.
The prosecution has a lot to prove in order for you to be convicted of aggravated assault. Even if it is difficult for the opposing party to prove your guilt, you still need a good defense. Every accusation of the prosecution should be countered by your defense lawyer. So what should be proven? Prosecution must prove that serious injury was inflicted on the victim by the accused. Maybe, the best proof they can present is if ever there was disfigurement arising from the assault. Another issue that must be taken by prosecution is the offender's carrying of deadly weapon in the crime scene. If prosecution can prove this, then you are in big trouble. This is the reason for your need of an experienced attorney.
There are times when there are other grounds that can result to aggravated assault. This happens when the victim cannot fight back. Or - the victim is restrained from getting away. There is still another reason for a case to fall under aggravated assault - this is when you enter another person's home and the crime was committed therein. Sometimes, even without injury, a crime can still be qualified to fall under this offense. This happens when you threaten the victim with deadly weapon or when you commit other felony crimes like burglary or robbery.
If the prosecution is better than the defense, then you are in danger of getting a maximum prison of 15 years. Even if you get the minimum of 5 years, your life may still be greatly affected. Thus the important thing for you if you are the accused is to get the best criminal defense lawyer.
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