Arizona Vehicular Aggravated Assault Lawyer
In the eyes of the law, a vehicle is a lethal weapon. It has the power to inflict serious bodily harm and death on its victims. Assault using a vehicle is “aggravated assault” according to Arizona law. There is no individual law naming vehicular aggravated assault in Arizona. Instead, the law classifies it as if you assaulted the individual with a gun or other weapon. It is a serious felony that often falls on drivers under the influence of drugs or alcohol. If you are facing this charge, contact Arizona’s vehicular aggravated assault attorneys, immediately.
Understanding Vehicular Aggravated Assault in Arizona
Simple assault can describe any crime involving a physical attack, threat of attack, or touching someone with the intent to attack. The state of Arizona does not differentiate between assault and battery. It does not matter whether the victim suffered bodily harm or not – the offender may be guilty of assault if any of the above-mentioned are true. Vehicular aggravated assault is a step above simple assault in terms of the seriousness of the crime. One has committed vehicular aggravated assault if he or she:
- Causes serious physical injury.
- Uses a deadly weapon or dangerous instrument.
- Causes temporary disfigurement, impairment, or fracture.
- Commits the assault while the victim is bound.
- Enters the private home of the victim with intent to commit assault.
- Assaults a minor under the age of 15 (if the offender is at least 18).
- Commits assault while in violation of an order of protection.
- Commits assault against certain protected parties.
Assault using a vehicle is aggravated assault based on the second condition on the above-mentioned list. The law perceives vehicles as deadly weapons or dangerous instruments. Again, one does not have to actually cause bodily harm to be guilty of aggravated assault. The simple threat of assault with a vehicle may be enough for a conviction. If harm does occur, such as the vehicle striking the victim, the offender could face more severe penalties.
Vehicular aggravated assault, citing a vehicle as a dangerous instrument, is a class 3 dangerous felony in Arizona. The dangerous designation requires a mandatory prison sentence of a minimum 5 to 25 years.
Is it Possible to Defend Against Vehicular Aggravated Assault in Arizona?
At Corso Law Group, we have developed a successful defense strategy for virtually every crime. No two criminal cases are the same. A successful defense requires one-on-one consultations with clients to investigate the arrest, understand what happened, and develop a compelling strategy against the prosecution. When it comes to vehicular aggravated assault charges, our team will begin by attempting to convince the state to drop the case, based on law, or individual facts discovered through our investigation, that will make it virtually impossible for the state to proceed. There may be a claim such as self-defense or defense of others that drove you to assault the victim using your vehicle. In this case, you would have had a legal right to use physical force, if the force matched the assailants.
If dropping the charges is not an option, we may be able to negotiate to lessen your sentence. Our Arizona vehicular aggravated assault lawyers will exhaust every possible defense that suits your case in our effort to defend you. As your legal counsel and confidants, we put your best interests first. When facing a charge as serious as vehicular aggravated assault, don’t trust your fate in the hands of a court-appointed attorney. Contact Corso Law Group for a free consultation.