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Tucson Assault Attorney

Being charged with assault or aggravated assault in Tucson, AZ, implies the intentional harm directed by one person towards another individual. Arizona law criminalizes only “assault” and there is no “battery” statute under Arizona law.  However, what may be defined as a “battery” in another state is defined under the umbrella term of “assault” in Arizona.  Whether there was a physical attack or just the threat of one, the classification may be the same. For these acts to rise to the level of aggravated assault, they have to be serious and carried out with a dangerous weapon or serious bodily injury to the victim, etc. Even a fight between two people that happens with the agreement and knowledge of both parties can result in an assault charge. 

If you have been arrested and charged with assault or aggravated assault, you need to call the Law Office of Hernandez & Hamilton, PC, which is Tucson, Arizona’s top criminal defense law firm. Our Tucson assault attorneys will listen to your case, explain how the law works, advise you of the legal options available to you, and formulate a winning strategy to win your case. Give us a call and set up a consultation today; there is no time to waste.

Assault Charges

Assault Charges in Arizona

If you have been arrested and charged with assault in Tucson, AZ, it is important to understand the differences in the charges you may be facing because assault has three classifications:

Class 1 Assault Misdemeanor – If you touched someone else and intentionally caused them harm or if you purposefully punch someone, you receive a class 1 misdemeanor charge.

Class 2 Assault Misdemeanor – Receiving this charge means that you were acting recklessly around someone and caused them injury, or they just felt reasonably apprehensive, or they were convinced that they were in imminent danger of physical injury.

Class 3 Assault Misdemeanor – If you are acting in such a way as to provoke someone else, you may be charged with the lowest level of misdemeanor in Arizona.

Whichever category you fall into, the likely scenario is that you will be looking at a fine coupled with some probation time. However, things may change dramatically if a designation of domestic violence is attached to your charges. This may happen in cases where the assault was committed on a relative, someone who lives with you, or someone with whom you have a relationship. When domestic violence gets in the picture, the possibilities of facing higher penalties increase as well.

If this is not your first assault charge, you may have to do some jail time. The maximum sentence is six months in jail and a fine of up to $2,500. Let Hernandez & Hamilton, PC, Tucson, Arizona’s top criminal defense law firm, represent you and prepare the best defense strategy for you. Give our Tucson assault lawyer a call today to get started.

Aggravated Assault in Arizona

When you have been charged with aggravated assault, you need the most experienced aggravated assault defense attorney in Tucson, AZ. This is because aggravated assault means a misdemeanor assault plus an aggravating factor. There are 11 aggravating factors, but the most common ones are:

  • Inflicting a serious or life-threatening injury to someone.
  • Injuring someone with a dangerous instrument or a weapon.
  • Restricting someone’s airway and preventing them from breathing.
  • Assaulting someone who is physically restrained, bound, or impaired.
  • Assaulting someone when the victim’s ability to resist is subdued to such a degree that they cannot put up any resistance.
  • When entering someone’s residence with the intent to commit an assault.
  • When the victim is younger than 15.
  • When the assault is against a judge or a firefighter, a teacher in their classroom, or a doctor in their office.
  • Resisting arrest by a police officer and placing the officer in a position where they fear physical injury.

If you have been charged with aggravated assault, calling a Tucson assault attorney should be your priority to get a legal team working on your defense. Call the law office of Hernandez & Hamilton, PC, Tucson, Arizona’s top criminal defense law firm, and let us plan the best strategy to fight for your rights.

Why You Need an Experienced Tucson Assault Attorney

Talking to an assault defense attorney in Tucson is the first thing you need to do when you are charged with assault, battery, or aggravated assault. Remember that everything you say to your arresting officer can and will be used against you, so call us immediately. Never try to talk yourself out of the charges presented to you. Never try to prove your innocence as you are being charged; trying to convince your arresting officer that you did nothing wrong or that arresting you is a mistake. You can never imagine what bit of the information you are providing will be used to build a strong case against you.

How We Can Help

By reaching out to the Law Office of Hernandez & Hamilton, PC, Tucson, Arizona’s top criminal defense law firm, you will start working with an experienced assault defense attorney in Tucson. They will provide you with the guidance and advice you need every step of the way. You will also be informed about what statements you should or should not make and what questions you should answer, and which ones will have you remain silent. In addition, we will work to help you avoid making any self-incriminating statements and from saying anything that can be used against you in a court of law later on.

The sooner you start working with your Tucson assault lawyer, the more time we will have to build a strong defense. Presenting a challenge against criminal accusations takes time and needs research and analysis. Your Tucson assault attorney will need to get from you all the pertinent information regarding your case, including what factors led to the allegations, what exactly transpired when the police showed up, and how the arrest process developed. As soon as we have this information, we will start gathering all the evidence, reaching out to witnesses and collecting their testimonies, reviewing all relevant case law, and putting together the best defense strategy to defend you.

Don’t delay in hiring legal representation; it can make a considerable difference in how your case develops. Working with an experienced assault defense attorney in Tucson from the Law Office of Hernandez & Hamilton, PC means you will have someone who can expertly represent you and look out for your best interests at all times. Give us a call today.

Regarding COVID-19:

We are still operating full-time to protect our clients and ensure their rights are protected during the current health crisis.  New clients are welcome to contact our office by phone at (520) 882-8823 or submit a message through this website.  We will respond right away.

Our business hours remain the same, however, we are doing our best to limit any unnecessary in-person meetings.  Thus, to theextent practicable, client meetings will be held telephonically or via video-conference until further notice.  Our attorneys are, of course, always available to meet in-person (following social distancing guidelines) for sensitive matters.