We are a private law firm not affiliated with any city, state, or county agency. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. There are many potential defenses against a charge of this magnitude, and, it is in your best interest to protect your rights and employ someone who knows the proper defense tactics. 29 Apr 2023 23:06:19 The prosecution must prove that you committed an assault and that you used a deadly weapon or dangerous instrument. 13-1203, 13-1204.). 29 Apr 2023 21:57:48 This also could apply if the suspect used a deadly weapon or dangerous instrument during the offense. This is true whether the weapon causes any injury. Your history and the circumstances of the crime will determine where in this range the judge sentences you. The term deadly weapon may also refer to any other object that is used or intended to be used in such a way that it could cause serious injury or death to another human being. Property Law, Personal Injury In Arizona, assault with a deadly weapon is considered aggravated assault. The felony classification of aggravated assault depends on which factor aggravates the assault. The types of aggravated assault offenses defined above that are Class 6 Felonies include assaults that are aggravated by the following factors: Victim is a firefighter, emergency medical technician, or paramedic, Victim is a teacher, school nurse, or school employee, Victim is a prosecutor (no injuries), public defender, or judicial officer, Victim is a child under 15 years of age (no serious physical injury and no deadly weapon or dangerous weapon used). Simply put, to aggravate a crime means to make the crime more serious. Assaults happen quite frequently under a variety of circumstances. Travis earned his J.D. The exception is when the victim is a police officer. Please contact the public information officer if you need access to one that is older. WebContact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. 30 Apr 2023 16:56:49 If you are facing assault with a deadly weapon charges, it is imperative that you consult with a criminal lawyer. 30 Apr 2023 04:17:29 The intended use of these items is not to cause death or serious physical injury. Stat. The prosecution must prove that you committed an assault and that you knew or had reason to know that her person assaulted was a: Generally, the prosecution must also prove that the victim was engaged in the execution of their official or professional duties. Victim is a person who was tied up or whose ability to resist was substantially impaired. Examples: A hammer, bat, golf club, or car. 13-1204 Defined. Some states even classify reckless behavior as aggravated assault. Call (480) 413-1499. Great bodily harm also refers to the infliction of any injury that creates a substantial risk of death. Assaults range from the simple threat of violence to inflicting bodily harm on someone. This is punishable by between 7 and 21 years in prison, and you can also be fined up to $150,000 (Ariz. Rev. So, the prosecution must charge the crime as aggravated assault with a simulated deadly weapon. stream Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler If Bob, from the example above, moves his jacket aside to show to John that he is carrying a gun in his belt, he would likely be charged with aggravated assault, rather than simple assault. The law recognizes the sanctity of a persons home. 3 0 obj St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR http://dlvr.it/SnJ4y2. DHS placed the respondent into removal proceedings and charged him with removability under section 237(a)(2)(A)(iii) of the INA, 8 U.S.C. As discussed above, if you and the victim have a domestic violence relationship as listed in A.R.S. Again, this will vary from state to state. Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. Aggravated assault. Iyanna Mayweather went before a judge on Oct. 17, where she plead guilty to aggravated assault with a deadly weapon for the incident back in April 2020. This includes victims under the influence of alcohol or drugs, as well as victims who are mentally, The assault is committed during the commission of another crime such as. 13-705. An experienced and local criminal defense attorney will ensure you understand the charges you are facing, as well as your rights and any potential penalties you may be facing. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. Go to Vehicular Assault to learn more. Conviction of the crime of aggravated assault with a deadly weapon a second-degree felony in Texas can bring prison time of 2 to 20 years and a fine of up An example of this would be how a baseball bat is not technically an illegal weapon, but it could be considered a deadly weapon if used in the course of the crime of assault. The definition also includes a threat or attempted attack with a deadly weapon, such as a (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or. Also, if the crime was committed in an especially cruel manner, a harsher sentence can be imposed. Fabian Barela Dominguez, aggravated assault with a The types of aggravated assault offenses defined above that are Class 3 Dangerous Felonies include assaults that are aggravated by the following factors: If convicted, the judge starts by considering the presumptive term of 7.5 years in prison. These factors will obviously differ from case to case, and can often be difficult to determine. Some examples of items that may be considered a deadly weapon have included: In some states, a persons hands, feet, or teeth can be considered to be deadly weapons. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. Contact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. This includes aggravated assault with a deadly weapon or dangerous instrument and aggravated assault causing serious physical injury. Assault with a deadly weapon has the added element of the use of, or the intention to use, a deadly weapon. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. The prosecution must prove that you committed an assault and that you caused serious physical injury to another person. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. As previously mentioned, some courts consider assault with a deadly weapon to be an aggravated assault. The suspects, an 18-year-old man and three 19-year-old men, are charged with aggravated assault with a deadly weapon and engaged in organized criminal A deadly weapon is anything designed for lethal use, including a firearm, even if it's unloaded. Facing charges as serious as this can be nerve-racking. % Assault can also occur when one person makes the other person believe or fear that they are going to be hurt. In some jurisdictions, people with HIV (the human immunodeficiency virus) who have had unprotected sex with a person not aware of the disease have been charged with using a deadly weapon. The reasoning is that a person who knows he carries HIV exposes another to the deadly virus basically assaults the other person with a weapon capable of causing death. For more information on aggravated assault, see Arizona Aggravated Assault Laws. Braiden Stout, pleaded guilty to aggravated assault with a deadly weapon, two counts aggravated robbery. An aggravated assault with a deadly weapon in Arizona will be charged with a Class 3 felony, which can include include 5 years minimum of incarceration, and a Joshua Allen Wade, 42, of For legal advice, please call Laboy Law Phoenix Criminal Attorney at 602-777-3368. According to the Arizona Revised Statutes, a deadly weapon is anything designed for lethal use. Stat. An experienced and local criminal defense attorney will ensure you understand the charges you are facing, as well as your rights and any potential penalties you may be facing. Should you know her whereabouts, tip safely and anonymously via www.P3tips.com. A person commits aggravated assault if the person commits assault 6 as prescribed by section 13-1203 under any of the following circumstances: 7 1. Law, About Penalties for Class 2 and Class 3 felonies can increase based on aggravating factors, such as harm to the victim's family, the manner in which the assault was committed, and if the victim was elderly or disabled. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. (This may not be the same place you live). Aggravated assault based on a victims status is a Class 6 Felony. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence. While the state of Arizona considers assault itself a misdemeanor, the addition of a deadly weapon can up the charge to aggravated assault, which is a Assault with a deadly weapon occurs when a person commits assault with a deadly or dangerous weapon. Additionally, you cannot have your gun rights restored. The legal definition of what constitutes a deadly weapon is intentionally broad. Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. If a victim suffers serious injuries, an assault will be classified as aggravated. In Arizona, Aggravated Assault charged under ARS 13-1204 is a Class Four Felony, and in some cases with mandatory prison. For example, when a perpetrator intends to cause the victim severe harm, or intends to cause the victim to fear being severely harmed, the assault is considered aggravated. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR http://dlvr.it/SnJ4y2. Present Stat. 29 Apr 2023 23:06:19 If there are any mitigating or aggravating circumstances, then the judge can go down to 1 year in prison and go up to 3.75 years in prison. Aggravated sexual assault, sometimes referred to as aggravated rape, is a more serious form of rape or simple sexual assault. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. occurs when someone physically harms or wants to harm another person. WebIf any Aggravated Assault is committed while using a deadly weapon or dangerous instrument then the mandatory range of punishment on a first offense class three (3) 13-1204, 13-701, 13-801). 1) Aggravated Assault Charges An aggravated assault is a felony in Arizona. The Vermont State Police disseminates news releases for significant criminal or public safety incidents and arrests. Serious physical injury requires more than a temporary impairment, even if it is substantial. 4 0 obj This includes serving a long prison sentence, owing hundreds of thousands of dollars in restitution, never being able to legally own a firearm again, and losing your right to vote. 1:11. But if the victim is an officer or a prosecutor, then it is classified as a more serious Class 2 Dangerous Felony. Stat. These releases are not intended to document every public contact or response to a call-for-service. It is important to know all of your options when facing criminal charges. Robles acknowledged Dotsons Second Amendment rights. If the offender is sentenced to prison, he may be required to undergo therapy or other rehabilitation program during his incarnation. Prosecutor, public defender, or judicial officer. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. A dangerous crime against children is any crime listed in A.R.S. You can expect to be charged with a second-degree felony for aggravated assault. This means that the possible punishment and potential prison sentence for aggravated assault is harsher than it is for other forms of less serious assault crimes. Ann. He can help you examine the facts of your particular case and work to get the charges reduced or dropped. To deal with rising issues of domestic violence, in 2010, Arizona created a new type of aggravated assault based on the common domestic violent act of a person strangling or suffocating another person. ?O^LJITgQ~oI/_zN/4&U&KKfpE2~%c:*/>__xO4*O%4TyDi%J/+?q'l. If you have recklessly put someone at risk of imminent death or physical injury, you may be facing endangerment charges. Many states have three-strikes or habitual offender laws in which multiple felony convictions may result in a life sentence in prison, regardless of the severity of the individual crimes. A simple assault can be committed when a person causes any physical injury, even when the injury is minor, such as a small scrape or bruise. Ann. Ann. A driver purposely runs someone down with their car. A person commits aggravated assault if the person commits assault 6 as prescribed by section 13-1203 under any of the following circumstances: 7 1. Because the crime is a dangerous offense, penalties include five (and up to 15 years) in prison, a fine up to $150,000, or both. the court. 29 Apr 2023 23:52:19 We've helped 95 clients find attorneys today. 8 2. By using first- through fourth-degree classifications, the judicial system is able to take into account the exact nature of the offense. An injury does not necessarily have to occur for an incident to be considered assault; simply the existence of fear of possible injury is enough to be considered an assault. Another example of a simulated deadly weapon is a nasal inhaler used to simulate the barrel of a gun pressed to the victims body. The term great bodily harm is used interchangeably with serious bodily injury, grievous bodily harm, and great bodily injury. These terms refer to injuries that cause extreme physical pain, unconsciousness, serious or permanent injury or disfigurement, or long-term loss of function of any organ or body part. Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. Manage Settings If the prosecution proves that the aggravated assault was a dangerous crime against children, the you cannot be placed on probation and you must be sentenced to prison according to the dangerous crimes against children statute A.R.S. ARIZONA SUPREME COURT ORAL ARGUMENT CASE SUMMARY STATE v. EWER CR-21-0059-PR 250 Ariz. 561 (App. Information About Aggravated Assault on an Officer. And when the victim is a police officer and any physical injury results, then the aggravated assault is bumped up to a Class 4 Felony. Simple assault is most commonly recognized as an attempt or threat to injure another person without actually striking them or causing bodily harm. We can help with a clearly defined defense strategy. The term deadly weapon may also refer to any other object that is used or intended to be used in such a way that it could cause serious injury or death to another human being. your case, What is Assault and Battery? Additionally, a conviction could mean bearing the burden of a criminal record and being labeled a convicted felon, which carries additional consequences. WebSimple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. The man is charged with aggravated assault because he ripped Janes clothing, which showed his intent to rape her. In the case of a firearm, it does not even have to be loaded to be considered a deadly weapon. Misdemeanor assaults and aggravated assaults are differentiated in that they are either felonies or misdemeanors. Aggravated assault is an assault that is aggravated (or made worse) by the circumstances of the assault, such as when a deadly weapon is used, or serious physical injury is caused. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. Jane screams, and the man strikes her several times to quiet her, then begins ripping her clothing. So, it alone is enough to raise a simple assault to an aggravated assault. This includes when a victim is sleeping. 1 An assault under section 13-1203 becomes an aggravated assault under section 13- A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). Deadly weapons include such weapons as guns and knives, but other instruments can be considered deadly if they are used to threaten or attack someone. Sentenced to 40 years Texas Department of Submit your case to start resolving your legal issue. Should you know her whereabouts, tip safely and anonymously via www.P3tips.com Your anonymous tip could earn you a cash reward. FARMINGTON An Albuquerque attorney representing three New Mexico police officers involved in the deadly shooting of a 52-year-old man in the 29 Apr 2023 23:52:19 Aggravated assault in Arizona pursuant to ARS 13-1204 is also known as felony assault. The exception is when the victim is a police officer. The judge cold also sentence you to a prison term. If sentenced to prison, the judge starts by considering the presumptive term of 3.5 years in prison. This is because the court must determine how exactly the potentially deadly weapon was used, as well as how it was perceived by the victim. Home > Violent Crimes > Aggravated Assault. Also, if the victim is a child under the age of 15, then it is a Class 2 Felony and a Dangerous Crime Against Children. Please note news releases are available on this blog for 30 days following their public release. Alternatively, a switchblade is a deadly weapon; and, possession of a switchblade is illegal in some, but not all, states. 13-1204, 13-701, 13-801.). RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. The law office represents clients throughout Tempe and the surrounding areas of Arizona, including Mesa, Gilbert, Phoenix, Chandler, Scottsdale and East Valley. If this is your first offense you may be facing a range of 5-15 years in prison. Please call me for a legal consultation today. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. An aggravated assault is an assault for which the perpetrator faces more severe punishment because of the severity of the crime. Generally speaking, jail time for assault with a deadly weapon consists of one year or more to be spent in a federal prison facility. Get legal help from Arizona attorney who is experienced in defending assault cases like yours. setting, the term deadly weapon generally refers to a firearm. Star Athletica, L.L.C. WebIn Arizona, the standard classification for aggravated assault with a deadly weapon is a class 3 felony. Do Not Sell or Share My Personal Information. WebAggravated assault also includes the use of a deadly weapon to intentionally and knowingly cause serious bodily harm to another person. Stat. . This includes aggravated assault with a deadly weapon or dangerous instrument The types of aggravated assault offenses defined above that are Class 2 Felonies and Dangerous Crimes Against Children include assaults that are aggravated by the following factors: If convicted, the judge starts by considering the presumptive term of 17 years in prison. Many states follow guidelines that specify particular injuries to determine the seriousness of the assault, but also allow law enforcement and the judicial system to consider the severity of injury. Read more under Penalties for Aggravated Assault. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. You need to ensure that the attorney you choose has the requisite knowledge of the law and trial experience. Deadly weapon or dangerous instrument when the victim is a child who is under 15 years of age; Serious physical injury when the victim is a child who is under 15 years of age. The person wielding the gun has potentially committed the crime of assault with a deadly weapon. In some states, assault with a deadly weapon is a wobbler. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. Drug Possession with Intent to Distribute/Sell, causes temporary but substantial disfigurement or fracture, is committed after entering the private home of someone. Headquarters | 45 State Drive | Waterbury, VT 05671 | 802-241-5000, RANK/TROOPER FULL NAME: Trooper Kyle Fecher, VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release. We offer a confidential and free consultation in order to address your questions and map out a defense to your case. Your anonymous tip could earn you a cash reward. Legally, the term deadly weapon covers objects that most ordinary people would not think of as deadly weapons. To reiterate, it is important to remember that the weapon does not have to actually cause physical harm to another person in order for the crime to be considered assault with a deadly weapon. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Click here. Felony Assault Lawyers: Is Assault and Battery a Felony? We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. This offense is more serious and carries a potential sentence of up to one year, but also labels you as a convicted felon and further affects your future and reputation. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process. YesNoUnknown. Class 5 felonies could carry up to two years and six months in prison, and a Class 4 felony could carry up to three years and nine months in prison. Penalties include seven (and up to 21 years) in prison, a fine up to $150,000, or both. People commit this offense when they rob someone and do so while either armed with a deadly 2 0 obj 30 Apr 2023 06:10:04 The penalties associated with aggravated assault on a police officer vary based on several different factors, including whether or not the victim was injured and if a weapon was used in the offense. This site contains general information only. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. It could also include an elderly victim whose ability to resist was substantially impaired by their age. This includes relationships such as: You and the victim are married or were married; You and the victim are roommates or were roommates; You and the victim have a child together; You or the victim are pregnant by each other; The victim is your or your spouses parent, grandparent, child, grandchild, brother, or sister (by blood or adoption); The victim is your stepparent, step-grandparent, stepchild, step-grandchild; You and the victim are, currently, or were previously in a romantic or sexual relationship. A common type of aggravated assault charge is vehicular assault where a person drives a car while under the influence of alcohol or drugs and causes an accident that injures another person. We've helped more than 6 million clients find the right lawyer for free. <> LegalMatch Call You Recently? There are several circumstances that can elevate an assault to the aggravated level. Probation Stat. A persons hand can also be a simulated deadly weapon if they hold their hand under their clothes to give the appearance of a handgun. Use of a weapon during the act of assault constitutes aggravated assault. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. An assault charge is aggravated if: The For example, an assault committed using a deadly weapon is a Class 3 Dangerous Felony and an assault where the victim is a paramedic is a Class 6 Felony. 13-1204, but also the crime of dangerous or The judge cold also sentence you to a prison term. It refers to a wide range of objects that can inflict death or great bodily harm. Sec. The Arizona Court of Appeals has found that if a gun is only temporarily inoperable, such as if a revolver is missing a pin, then the gun still qualifies as a deadly weapon. WebARS 13-1904 is the Arizona statute that defines the crime of armed robbery. Assault with a deadly weapon is similar to assault, in that actual bodily harm does not need to happen. WebIn any aggravated assault committed with a dangerous weapon or dangerous instrument, a conviction for a first offense is a Class 3 "dangerous" felony with the following penalties: A minimum prison sentence of 5 years; A presumptive prison sentence of 7.5 years; A maximum prison sentence of 15 years; and/or A fine of up to $100,000. If you are convicted of aggravated assault as a domestic violence offense, then you will have to abide by special domestic violence terms of probation, if placed on probation. The contact form sends information by non-encrypted email, which is not secure. Investigation determined an argument had occurred between the accused, Anthony Saucer, and the victim, Robert Bishop. Besides operable guns, other examples of deadly weapons include: A dangerous instrument is any object that is under the circumstances, is used or attempted to be used, or threatened to be used, and is readily capable of, causing death or serious injury to someone.
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