Strategic Defense for Aggravated Assault Charges
Facing an aggravated assault charge under ARS §13-1204 can mean felony prison time and steep fines. Armour Legal’s criminal defense team meticulously analyzes injury severity, weapon use, and witness credibility to challenge every element.
From pretrial motions to jury instructions, we leverage forensic experts and aggressive litigation strategies to aim for reduced charges or acquittal.
We defend weapon‑involved assaults, serious‑injury allegations, and cases involving protected persons where the stakes include “dangerousness” designations. We examine the medical foundation for injury claims, the classification threshold for “serious physical injury,” and whether an object qualifies as a dangerous instrument in the manner used.
Our work also includes self‑defense litigation, identification challenges, and pursuit of lesser‑included offenses or amended designations that reduce exposure. We present complete mitigation records—work history, caregiving roles, treatment engagement—to guide charging and sentencing decisions toward proportionate outcomes.
Aggravated Assault: Injury, Weapon, and Intent Under Arizona Law
Arizona distinguishes simple assault from aggravated assault based on factors like serious physical injury, use of a deadly weapon, or assault on protected persons. The prosecution must prove not just contact, but the qualifying aggravators. We bring in medical experts to scrutinize injury classifications and challenge whether an object qualifies as a “dangerous instrument” under the specific facts.
Self‑defense, defense of others, or lack of intent can defeat or reduce charges. We also analyze identification reliability—lighting, distance, stress, and cross‑race factors—and seek to exclude unreliable conclusions through targeted expert challenges. In appropriate cases, we push for amended counts or lesser‑included offenses to decrease felony exposure.
Sentencing involves mitigating and aggravating circumstances. We compile evidence of employment, caregiving duties, treatment participation, and community support to argue for reduced terms, probation eligibility, or alternative programming.
Aggravated assault (ARS §13-1204) is a felony that hinges on “serious physical injury” or “deadly weapon” use. Armour Legal collaborates with medical experts to reclassify injuries, contests weapon definitions under Arizona law, and challenges eyewitness identification through forensic video analysis.
We file targeted Daubert motions to exclude unreliable expert testimony and press for jury instructions that narrow the State’s burden of proof—often turning potential life sentences into misdemeanor pleas or diversion programs, depending on client circumstances and case strengths.
Serious‑injury classifications and “dangerous instrument” findings often make or break an aggravated‑assault case. We retain medical experts to challenge injury severity and causation and to distinguish lacerations or fractures from the statutory threshold of “serious physical injury.” We analyze whether an object truly qualifies as a dangerous instrument under case‑specific use and context. Where identification is disputed, we apply eyewitness‑reliability science—lighting, distance, stress, cross‑race factors—to undermine certainty claims.
We simultaneously build affirmative defenses—self‑defense, defense of others, or lack of intent—and negotiate toward amended counts or lesser‑included offenses that reduce felony exposure or remove “dangerousness” designations. Our sentencing work compiles employment, caregiving, and treatment proof to argue for mitigated terms or probation where available. From day one, we position the case for the narrowest, most defensible resolution.
Frequently Asked Questions
What differentiates aggravated assault from simple assault?
Can a non-violent act be considered aggravated assault?
What defenses exist against allegations of using a deadly weapon?
How can I dispute the severity of injury claims?
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