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Blog / 10.25.2024

Arizona's Aggravated Assault Laws: Key Defenses to Consider

Arizona's Aggravated Assault Laws: Key Defenses to Consider

Options Beyond a Plea Deal: Defending Your Freedom

When police make an arrest for aggravated assault in Arizona, statistics indicate that a conviction is likely. Over three-quarters of these arrests end with a guilty plea or verdict — oftentimes due to the alleged offender accepting a plea deal. However, you don't have to take this route. There are several key defenses to consider under Arizona's aggravated assault laws.

If we were to take our cues from stories that go viral in the media, we would likely believe that our state's stand your ground laws would be the most popular defense strategy. However, it's important to realize that no single defense applies to every case. That's why you should understand all your options before deciding the ideal way to move forward.

Self-Defense

Arizona law permits a person to use proportional force to defend themselves when they believe they are in danger of imminent harm. In our state, you have the absolute right to protect yourself if someone is intent on causing you damage. In fact, the stand your ground provision of the statute means individuals have no requirement to retreat when they're legally in a location.

Arizona's self-defense laws don't only apply to the individual. If someone sees another person who is in danger of serious harm, the law provides protection for them if they use physical force to protect that individual. As with defensive actions to protect oneself, the response to protect the at-risk person must be proportional to the threat.

Lack of Intent

Like many other criminal allegations, aggravated assault requires a specific intent to cause harm. This means that the defendant's goal was to cause harm or injury to the alleged victim. It is up to the prosecution to prove that the defendant had intent. If they're unable to do so, it's possible that the accused could be exonerated without even presenting defense arguments.

Of course, it's typically wise to build a case showing that prosecutors have not successfully proven the allegations. If the state fails in its task, the defendant can argue that the sustained injuries were accidental or that the incident lacked the necessary intent for a conviction. This is a key legal defense under Arizona's aggravated assault laws that is frequently used.

Mistaken Identity and False Allegations

Were you aware that eyewitness testimony is one of the least reliable forms of evidence at trial? While it may be difficult to believe, the average human simply does not excel at recollecting events, faces, or details. This helps explain why cases of mistaken identity are relatively common when police suspect a person of a crime.

Unfortunately, any criminal defense attorney can tell you that the causes of wrongful arrest are not always so unintentional. False allegations are made for a variety of reasons, and some alleged victims even harm themselves to make it look like they were attacked. Fighting cases of mistaken identity or false allegations can be challenging, but it's nowhere near impossible.

Consent of the Alleged Victim

Although it's less frequently used in court, the consent of a victim is another key defense to Arizona's aggravated assault laws. For instance, there have been cases where a person was harmed while engaged in "rough" or roleplaying romantic relations. Accidents happen, but a person should not face criminal charges over such an unfortunate incident.

Aggravated assault charges are also not typically brought against individuals engaged in mutual combat. This means both combatants agreed to a fair fight, and no bystanders were harmed and no damage was caused due to this incident. These individuals can still be charged with disorderly conduct, which is a less serious offense.

Disproving the Elements of the Crime

Many of the key legal defenses under Arizona's aggravated assault laws are the same for other crimes. For instance, it's not uncommon to see claims of self-defense, lack of intent, and false allegations in trials related to other criminal offenses. However, there are certain defenses that specifically apply to aggravated assault.

When prosecutors charge an individual, they must prove that statutory elements of the crime exist. The following defenses can be used to disprove some of the specific elements mentioned in Arizona's aggravated assault law: 

  • No use of a deadly weapon 
  • Lack of serious injury 
  • The alleged victim was not physically restrained 
  • The alleged assault did not target a minor 
  • No substantial disfigurement 
  • The alleged victim was not a police officer 
  • The alleged offender did not enter another person's home intent on harm
  • No simulated weapon was used
  • The alleged offender attacked a government official 

To be clear, this list is not exhaustive. These are merely the most common statutory elements used by prosecutors to charge individuals under the law. If your attorney can disprove the elements claimed by the state, then there's a reasonable chance charges can be dropped, or a trial might end in exoneration. 

Still, with so many defense options available, how does a person choose the right strategy?

Choosing the Best Legal Defense for Aggravated Assault in Arizona

Clearly, there is no shortage of potential legal defense strategies when a person is charged with aggravated assault. While it's understandable that one might question which strategy gives them the best chance to avoid a conviction, the fact is that there is no single "best" answer. Settling on the right defense strategy in your case means reviewing the circumstances and deciding which approach best fits your case.

Of course, the ideal strategy may be a plea deal. This is often true for everything from drunk driving to murder cases. Plea negotiations allow a defendant to work out a better outcome, particularly when it seems like a conviction is unavoidable. However, you should never go into this process alone. Prosecutors will try to maximize the penalties you face — even for a plea agreement — so letting a lawyer handle this is in your best interest.

In fact, having an attorney review your case may reveal that a plea agreement isn't the right decision. With so many key defenses available under Arizona's aggravated assault laws, an experienced lawyer might be able to pinpoint a successful defense strategy. At Citrine Law, we're dedicated to this task. Contact us at 928-955-7191 for a free consultation.

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