What Evidence Is Needed To Prosecute An Assault Charge Or Assault Case?
There are numerous types of different assaults In Arizona. Under the statute, there are misdemeanor assaults and then there are felony assaults. There are misdemeanor and domestic violence assaults and felony domestic violence assaults as well. There is a class 1 misdemeanor assault, a class 2 misdemeanor assault and a class 3 misdemeanor assault.
There is a wide range under the illegal classification of assault under the Arizona revised statutes 13-1203. Under that there is an assault where a person intentionally, knowingly or recklessly causes a physical injury to another person. Another type is when a person intentionally places another person in a reasonable apprehension of physical injury, which is the type of assault when the person doesn’t actually touch or hurt anyone, but puts them in fear of being hurt. The third type of assault is when someone knowingly touches another person and their intention is to injure them, insult them or maybe even provoke them.
It is a class 1 misdemeanor assault when someone intentionally, knowingly and recklessly causes a physical injury to someone. A class 2 misdemeanor is when a person scares somebody and makes them think they would be hurt, and class 3 misdemeanor, which is the lowest level of assault, is when a person just touches somebody but they are not necessarily injured, although they are touched with the intent to provoke them or with the intent to hurt them or maybe they do not get injured.
The next statute would be Arizona Revised State, ARS13-1204 which are the aggravated assault statues and cover a number of different aggravated assaults. All aggravated assaults are felonies and there are different levels of felonies. An aggravated assault is when a person causes a serious physical injury to another person. The difference between the felony and the misdemeanor is that the felony involves a serious physical injury, like a broken bone or something that is life threatening. The second type of aggravated assault is when someone uses a deadly weapon or a dangerous instrument, like a gun, a knife, a bat, a bottle or anything that is dangerous or deadly.
The third type of aggravated assault is when a person commits the assault using any force that could cause a temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or a fracture of any body part. This type of aggravated assault is where the person might not have used a weapon but might have hurt somebody where they broke a bone, a nose or impaired one of their organs so that it is not working correctly and these are all felonies.
The fourth version is when the person commits the assault while the victim is bound or restrained. It is a felony if someone is retrained, bound or held down by something and someone hits, kicks or punches them. The fifth type is when a person commits the assault after entering a private home with the intent to commit assault, which is an aggravated assault or felony. It is a felony and an aggravated assault if an adult commits an assault on a minor who is under 15 years of age. It can also be an assault if someone commits an assault on somebody while they have an order of protection against them.
The last type of assault has subsections, but if someone assaults a peace officer like a police officer, a constable, a firefighter, a teacher or even a healthcare practitioner like a nurse or a doctor, or assaults a prosecutor, then those types of felony assaults are also aggravated assaults. All eight different types of aggravated assaults are felonies but they all range in the type of felonies that they are.
What Would Make An Assault Case Go To Trial And What Sort Of Witnesses Would Be Utilized For That?
For a prosecutor the most important witness to in an assault case is the victim, the person who was allegedly assaulted, because that person will be their star witness. Most times in an assault with civilians the victim is really the entirety of the case. If there were any witnesses present, then those people will also be important. The police officers are less important because they usually show up after the fact and don’t actually witness anything. The police officer is usually a secondary witness unless the defendant might have submitted to an interview and made some admissions that might hurt him. The officer can testify to that but the most important witness will still be the victim.
What Will Happen For A First Time Assault Charge With Regards To An Initial Hearing And How Long Might The Case Take?
The length of the case is going to depend on whether it is a felony or a misdemeanor charge. The process is that everyone has to have an initial appearance on arraignment where they show up to court and are advised of their charges. At that point, a person pleads not guilty either through a lawyer or they show up themselves without a lawyer. The court will usually then postpone the case and move it to a pretrial conference or a status conference where their attorney or themselves will meet with the prosecutor and start talking about the case, go over discovery issues, police reports, witnesses and things of that nature, and then also possibly start plea negotiations.
A case like this could take anywhere from 30 days to possibly 6 months and maybe even longer if it is a very serious assault. It could take a year if it is a felony. The timeline of these cases can really vary depending on the facts because there are too many variables.
Can A Police Officer Ask My Child Questions Without My Permission?
They can do this but it is another question whether or not it would be allowed to be used. If one parent says yes and one parent says no, then arguably yes, they do have that permission because one parent did give permission. If one parent says no, then it is a different question and the court might have to give an order or warrant to be able to ask those questions, but that is a legal question made for the time of a trial. There have been situations where officers interviewed kids and they still have the information, but whether or not it is used is an issue for a lawyer to fight and to try to keep that information out.
For more information on Evidence for Assault Cases , a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.