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January 19, 2011

What Constitutes Aggravated Assault in Arizona?

Filed under: Assault — admin @ 3:24 pm

Under Arizona law, assault is defined as “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.” Assault is considered a misdemeanor in the state of Arizona. However, aggravated assault, a more serious crime, is considered a felony. According to Arizona Revised Statutes, assault is considered aggravated if the assailant:

  • Causes serious physical injury to another person.
  • Uses a deadly weapon or dangerous instrument.
  • Causes temporary but substantial body disfigurement or impairment to another person.
  • Commits the assault while the victim is bound, restrained or otherwise substantially impaired to resist.
  • Enters the private home of another with the intent to commit to assault.
  • Is at least 18 years of age commits assault against a child 15 years or younger.
  • Is in violation of an order of protection.
  • Commits assault knowing that the victim is a law enforcement officer, constable, firefighter, teacher, health care practitioner or prosecutor.
  • Commits assault using a law enforcement officer’s firearm or other weapon.
  • Commits assault while in the custody of a law enforcement agency, the state department of corrections, the department of juvenile corrections or a city or county jail.

Depending on the severity of the aggravated assault, you could serve up to 21 years in prison under current Arizona sentencing guidelines, or even more time if this is not your first dangerous offense.

If you’re facing aggravated assault charges, you will need aggressive representation. Phoenix criminal attorney Josh Blumenreich can provide you with a strong defense to help enforce your rights under the law. Call us at (602) 252-2570 today for your free consultation.

January 5, 2011

Are DUI field sobriety tests required?

Filed under: DUI,DWI — admin @ 10:53 am
The horizontal gaze nystagmus test, which asks subjects to follow an object (such as a pen) with their eyes, is one of several tests used by officers roadside during DUI stops to test for drunk driving.

The horizontal gaze nystagmus test, which asks subjects to follow an object (such as a pen) with their eyes, is one of several tests used by officers roadside during DUI stops to test for drunk driving.

If you are stopped on suspicion of a DUI, the officer stopping you is likely to ask you to perform a battery of field sobriety tests. These mental and physical tests, which can include asking you to say the alphabet backwards, touch your finger to your nose or stand on one leg, are used to determine roadside whether or not you are too impaired to drive. In case you are stopped, keep in mind that field sobriety tests are voluntary, and it is within your legal right, not to mention in your best interest, to politely refuse.

Studies have shown that field sobriety tests can be inaccurate in determining whether or not a suspect is too inebriated to drive legally. People with certain medical conditions or injuries, elderly people and people who are seriously overweight often cannot pass standard field sobriety tests, sober or not. Moreover, test performance is often subjective, meaning whether you pass or fail is up to the officer conducting the test. Think twice before submitting to field sobriety tests. Performing poorly on these tests may provide the probable cause for your arrest and even be used against you in court.

If you are facing DUI charges, a skilled Arizona DUI lawyer such as Josh Blumenreich can advise you on the best next steps. For a free initial consultation about DUI or other criminal charges, please contact us today.

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