Vehicular Aggravated Assault in Arizona
Sheena Lemmons, Vehicular Aggravated Assault Attorney in Phoenix and Scottsdale
Vehicular aggravated assault is where a person recklessly or intentionally uses a vehicle to commit assault against another person and causes serious physical injury or uses a dangerous instrument. In Arizona, the vehicle itself is considered a dangerous instrument, making this a very serious felony offense.
Aggravated assault is usually charged in DUI cases involving an accident where impairment by alcohol or drugs is a factor. It is also charged in cases where a person is driving unreasonably recklessly and causes serious physical injury to another person.
As a category of offenses, aggravated assault is commonly charged as a class 3 dangerous felony, punishable by a presumptive prison term of 7.5 years, with no eligibility of probation.
Start Building Your Defense Today
As a Phoenix Aggravated Assault Attorney, Civil Rights Restored is ready to aggressively defend your case. We understand the seriousness of these felony charges and will leave no stone unturned to find the problems in your case.
We work hard for full dismissal, reduced charges, or mitigate the damage to get you the most favorable results possible for you and your family.
If you were arrested for aggravated assault and are looking for an attorney who will get to work defending your case immediately, you have come to the right place.
At Civil Rights Restored, we defend cases in Maricopa County including Phoenix, metro Phoenix area, Scottsdale, Tempe, Gilbert, Chandler, Mesa, Ahwatukee, Glendale, Avondale, and more.
If you are ready to start resolving your case, call us for a free consultation.
What is the Difference Between a Civil Car Accident and Vehicular Assault in Arizona?
Most vehicle accidents in Arizona are treated as a civil case and the remedy involves monetary compensation. The difference between a civil and a criminal assault case is the mental state of the defendant. A civil case does not involve a criminal state of mind that is statutorily required for a criminal assault conviction. Therefore, a civil case is merely an accident resulting in no criminal charges.
In Arizona, to fulfill the statutory requirements of assault under A.R.S. 13-1203 (2022), a person must have acted:
- Knowingly, or
If a person involved in a car accident acted intentionally, knowingly, or recklessly regarding the apparent risks and caused another’s physical injury, the state of Arizona has made it the crime of assault.
What is Vehicular Aggravated Assault in Arizona?
Aggravated Assault vs. Vehicular Assault
Sometimes, vehicular aggravated assault is referred to simply as “aggravated assault” in Arizona. Vehicular aggravated assault does not have its own single statute in Arizona law. It is a combination of a couple of different statutes. Particularly, Assault under A.R.S. 13-1203 and Aggravated Assault under A.R.S. 13-1204 (2022).
Aggravated assault is a felony in Arizona and requires that a misdemeanor assault must have taken place in order to satisfy the elements of the offense.
Misdemeanor Assault in Arizona
A person commits assault under A.R.S. 13-1203 (2022) by:
- Intentionally, knowingly or recklessly causing any physical injury to another person; or
- Intentionally placing another person in reasonable apprehension of imminent physical injury; or
- Knowingly touching another person with the intent to injure, insult or provoke such person.
Felony Aggravated Assault
Aggravated Assault is defined in A.R.S. 13-1203 (2022) as:
The person commits assault under any of the following circumstances:
- If the person causes serious physical injury to another.
- If the person uses a deadly weapon or dangerous instrument.
“Serious physical injury” includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
Consequences of a Vehicular Aggravated Assault Conviction in Arizona
Dangerous Offense Sentencing under A.R.S. 13-704 (2022) for a First Offense
A conviction for aggravated assault in Arizona is commonly a class 3 dangerous felony punishable by 5 to 15 years max in prison.
If the victim is under fifteen years old, is a peace officer, or a prosecutor, it is a class 2 dangerous felony punishable by 7 to 21 years max in prison.
Driver’s License Revocation
The Arizona Motor Vehicle Division will revoke your driver’s license for a felony conviction involving a vehicle.
Loss of Civil Rights on Felony Conviction
If convicted of a felony in Arizona, you will lose certain civil rights such as the right to vote, hold public office, sit on a jury, and the right to possess a firearm.
If a person is convicted of a dangerous offense pursuant to A.R.S. 13-704, that person loses their right to possess a firearm nationwide forever. A.R.S. 13-910 (2022).
Other Consequences of Felony Conviction in Arizona
A felony conviction remains on a person’s record in Arizona for their lifetime. It is able to used against you in any future prosecutions and may result in severe sentence enhancement. A felony conviction also causes a person to become ineligible for certain government assistance or loans, cause a person to lose their job, cause professional licensing issues, and results in heavy fines and penalties.
How We Get Results for Your Arizona Vehicular Aggravated Assault Charges
At Civil Rights Restored, Phoenix DUI & Aggravated Assault Attorney prepares your case for trial the entire time, regardless if you choose to go to trial or not.
That is how we get results for you, with thorough and aggressive criminal defense. We find the issues in your case and fight the state’s evidence against you.
We look at how well the state did their job: whether the police violated any of your Constitutional rights, policy or procedure violations, statutory violations, expert witness analysis, and challenge the accuracy and reliability of the evidence.
Contact Sheena Lemmons, Phoenix vehicular aggravated assault lawyer today to start building your defense.
When you hire us, you now have a results-driven, qualified legal team defending you.
Defenses to Vehicular Aggravated Assault in Arizona
There are many potential defenses to aggravated assault and each case has its own unique set of facts and circumstances. That is why it is important to discuss your case with a competent DUI & Aggravated Assault Lawyer at Civil Rights Restored. We will fight the state’s evidence against you and work for the most favorable results for your case.
Your first consultation is free and we will go over your case and any questions you have. Contact Us.
Mental State for Aggravated Assault
In order for the state to prove a person committed aggravated assault, they must prove beyond a reasonable doubt that the person acted intentionally, knowingly, or recklessly with regard to the risks.
- “Intentionally” means that a person’s objective is to cause that result or to engage in that conduct.
- “Knowingly” means that a person is aware or believes that the person’s conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
- “Recklessly” means that a person knowingly disregards a substantial and unjustifiable risk that a reasonable person would observe in the situation.
Our goal is to challenge whether your actions were intentional, knowing, or reckless based on the circumstances. If your defense attorney successfully undermines the required elements of the offense, the prosecutor may dismiss the case.
For an aggravated assault conviction, the prosecutor must prove that you are the one who caused the result. If we can show that some other factor, an intervening, superseding cause, was the cause for the serious physical injuries, then the defendant would be released from culpability.
Is Being Drunk a Defense to Vehicular Aggravated Assault in Arizona?
Not if the person voluntarily became impaired by drinking alcohol or consuming drugs. The act of becoming voluntarily intoxicated and operating a motor vehicle is seen as an unreasonable risk in which the person disregards by proceeding to drive while impaired. However, a defense exists where a person is involuntarily intoxicated against their will or knowledge.
As a Scottsdale DUI attorney, we will challenge whether you were impaired at all or challenge the accuracy and reliability of the forensic evidence results showing blood alcohol content or drugs in the body.
Ready to Begin Building Your Defense?
If you are ready to begin resolving your case, get started by contacting Phoenix DUI & Aggravated Assault Attorney, Sheena Lemmons at Civil Rights Restored for a free consultation.
We are skilled in modern and aggressive criminal defense strategies and will work to get the most favorable outcome for you and your family.
Call us at (480) 759-7479 or use the contact form.
Let’s start fixing this together.
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