In Scottsdale, aggravated assault is considered a serious criminal offense. It involves intentionally causing physical harm to another person while also using a dangerous instrument or displaying a deadly weapon. The key elements that distinguish aggravated assault from simple assault are the severity of the injury caused and the presence of a deadly weapon.

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If you have been charged with Aggravated Assault, it is important that you consult with a Criminal Defense attorney. When working with our law firm, you will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved. We offer free consultations to help you determine what your next steps should be.

Aggravated assault charges can be classified as either a felony or a misdemeanor, depending on the specific circumstances of the case. The severity of the offense, the extent of the injuries inflicted, and the victim's identity all play a role in determining the charges and penalties.

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1. Felony Aggravated Assault: Felony aggravated assault charges are the most common form of aggravated assault offenses in Scottsdale. The severity of the offense, the injuries caused, and the victim's identity can influence the classification and penalties. Arizona law categorizes felony offenses into different classes, with Class 1 being the most severe.

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• Class 3 Felony: This classification applies when a person commits aggravated assault without the use of a deadly weapon or dangerous instrument and the resulting injury is not considered serious. Class 3 felony aggravated assault carries a potential prison sentence of 5 to 15 years.

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• Class 2 Felony: If the aggravated assault involves the use of a deadly weapon or dangerous instrument or results in serious physical injury, it is classified as a Class 2 felony. Serious physical injury refers to injuries that create a substantial risk of death, cause permanent disfigurement or impairment, or result in the loss or impairment of an organ or body part. Class 2 felony aggravated assault can lead to a prison sentence ranging from 7 to 21 years.

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2. Misdemeanor Aggravated Assault: In some cases, an aggravated assault charge may not meet the criteria for a felony offense and can be charged as a misdemeanor. Misdemeanor aggravated assault is classified as a Class 1 misdemeanor, which is the least severe misdemeanor offense. Misdemeanor aggravated assault typically involves cases where the assault does not result in serious physical injury or the use of a deadly weapon. The penalties for a Class 1 misdemeanor include a maximum of 6 months in jail and fines of up to $2,500.

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To prove a case of aggravated assault in Scottsdale, the prosecution must establish certain elements beyond a reasonable doubt. These elements typically include:

1. Intentional Physical Injury: One of the primary elements of aggravated assault is that the defendant intentionally caused physical injury to another person. This means that the defendant acted with the specific purpose of causing harm to the victim rather than the injury being accidental or unintentional. The prosecution must demonstrate that the defendant's actions were deliberate and intended to cause harm.

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2. Use of a Deadly Weapon or Dangerous Instrument: Another key element is that the defendant used a deadly weapon or dangerous instrument during the assault. A deadly weapon refers to any object or instrument capable of causing death or serious physical injury. Examples of deadly weapons can include firearms, knives, or other objects that, when used in a particular manner, can cause significant harm. A dangerous instrument refers to any item used in a way that is likely to cause serious physical injury or death. This can include objects not typically considered weapons, such as a vehicle used to strike someone intentionally.

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3. Knowledge of Potential Harm or Injury: The third element involves establishing that the defendant acted with the knowledge that their actions could cause harm or injury. This means that the defendant was aware or reasonably should have been aware that their conduct was likely to result in physical harm to another person. It is not necessary to prove that the defendant specifically intended to cause a certain level of harm but rather that they knew their actions could lead to harm.

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It's important to note that the specific elements required to prove aggravated assault can vary depending on the circumstances of the case and the applicable laws in Scottsdale, Arizona. Different factors, such as the severity of the injuries, the nature of the weapon used, or the victim's status as a protected individual, can impact the specific elements required for a conviction.

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If you are facing aggravated assault charges, it's crucial to consult with a knowledgeable criminal defense attorney who can assess the details of your case, evaluate the elements being alleged by the prosecution, and build a strong defense strategy tailored to your specific circumstances.