No matter how vigorously your trial attorney represents you in court, juries return guilty verdicts more often they find a defendant not guilty. After you have been convicted and and sentenced, you have the right to appeal to a higher court on the grounds that errors occurred in the lower court proceedings that denied you your right to a fair trial. If you have exhausted your appeals and still not obtained relief, there are post-conviction motions that can be brought as you continue to fight for your freedom.
ASSAULT Arizona Revised Statute §13-1203
- A person commits assault by:
- 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 committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
A felony crime is an extremely serious matter. These crimes are defined by statute in every state and at the federal level as matters that deserve significant punishment. In most cases, felony sentencing includes prison time for at least a couple of years if not longer as well as significant monetary penalties as well. The minimum felony sentencing on average is about 2 to 5 years at the state level and 1 to 5 years at the federal level. However, many courts often close case sentencing with as much as 10 years or more due to a person's background and previous contacts with the justice system.
The Arizona Legal Practice Group can assist with the following types of homicide cases:Learn More
There are three general types of crimes that are prosecuted by a government law enforcement agency. Most people are familiar with infractions. These are small issues that are dealt with most often with tickets. For example, a parking violation is considered an infraction and often settled by the payment of a fine issued in the form of a parking ticket. On the other hand, a serious crime is defined as a felony and can have serious penalties, such as a number of years in prison. Murder and drug crimes are often punished as felonies. However, in between these areas is the misdemeanor, which is a crime but not necessarily on the scale or severity of a felony.
If you have been charged for Driving Under the Influence (DUI) for violating ARS 28-1381(A)(1), (2), or (3), then the following information will be helpful to you. In addition to reviewing the information below, you need to consult Phoenix DUI Lawyer David Kephart as soon as possible so he can start preparing to defend you and your case.
Under the normal justice process, either for a misdemeanor or felony, the party is charged in an arraignment and, after a number of procedural hearings and if there is no plea bargain agreement, there is a trial. This is the basic path for due process when charged with a crime. However, probation is a very different world, and this is an important distinction for someone to understand if they are about to be on probation or are under such status now.