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  1. #1
    Join Date
    Apr 2012
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    2

    Default Assault Charges after a Fight at a Party

    My question involves criminal law for the state of: Arizona
    So basically there was a party at my house and some guy said something to my girlfriend and i hit him in the back of the head. When he fell i kept hitting him until it was broken up. The guy then tried to leave and i tackled him and he got injured. I was pretty intoxicated at the time and when the police questioned me i couldnt remember what happen or put together a story. Supossedly the guy got injured badly. He broke a bone, ruptutred tendon (needed surgery), chipped tooth, and probably scratches and cuts. oh and it wasnt even the guy who said anything. What kind of charges am i looking at and could i get jail time?
    First time offender

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    1,534

    Default Re: Assault Charges

    Quote Quoting prime10
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    So basically there was a party at my house and some guy said something to my girlfriend and i hit him in the back of the head.
    So, you committed an unprovoked assault against someone...from behind, no less. And, later, you tell us that the person you attacked wasn't even the person who made the comment you took offense to? Wow.

    Quote Quoting prime10
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    When he fell i kept hitting him until it was broken up.
    Until WHAT was broken up? His head?

    Quote Quoting prime10
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    The guy then tried to leave and i tackled him and he got injured.
    Your victim tried to flee your assault and you chased him down and continued your unprovoked assault. And, somewhere during your assault, your victim sustained injuries requiring significant medical treatment.

    Quote Quoting prime10
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    I was pretty intoxicated at the time and when the police questioned me i couldnt remember what happen or put together a story.
    Intoxication is not a valid defense for your actions.

    Quote Quoting prime10
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    What kind of charges am i looking at and could i get jail time?
    First time offender
    What have you been charged with? I would assume you will be charged with felony assault and, yes, jail time is more than just a possibility.

  3. #3

    Default Re: Assault Charges

    Jail time, maybe. But I'd be much more worried about the potential for PRISON time, which is on the table if charged with felony assault. BIG difference between the two. Jail is reserved for those serving sentences of up to one year (misdemeanors). Prison is the bighouse, where those sentenced to multiple years (for felonies) of incarceration are sent. If you're convicted of the lowest level of felony agg assault in AZ, which is class 6, you'll be facing a minimum of 18 months, up to 3 years, with a presumptive term of around 27 months. It only gets worse from there, with each higher level of charge increasing the time, all the way up to a potential sentence of up to 21 years if charged with up to a class 2 felony agg assault (with a minimum of 7 years, and presumptive time of just over 10 years). And fines, up to 6 figures, plus restitution to the victim to reimburse their medical and other expenses, AND the potential to be sued in civil court and have your assets attached to cover any expenses not otherwise covered, plus pain and suffering, etc. (and yes, those times are for FIRST time offenders).

    You need to be saving every penny you can get your hands on, and speaking to a criminal defense attorney, and ONLY that attorney about the events of that night, and ASAP. And quit drinking before you kill someone or put them in a position to kill you in self defense.

  4. #4
    Join Date
    Apr 2012
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    2

    Default Re: Assault Charges

    so i am being charged with a class 4 felony aggravated assault. What are my options here? Will i do prison time for a first timer?

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Assault Charges

    Given the rather vicious nature of your crime, you can probably expect some prison time. How much is impossible to say. You need a lawyer if you don't already have one. You might also try requesting the intervention of whatever deity you may believe in. If you haven't already, start alcohol and anger management counseling. It won't help much but you need all the help you can get.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Assault Charges

    If you want to determine an approximate sentence, you should be able to get some sense of where a court might go (depending upon the full facts, you record, whether you enter a plea bargain, and other factors that may be relevant) from your state's sentencing guidelines. They appear to be available here, although I didn't download a copy to verify.

    Aggravate assault is defined at ARS 13-204. If the prosecutor is pursuing this as a "dangerous offense" as defined in ARS 13-105(13), the sentencing statute for dangerous offenses may apply, ARS 13-704(A). It would be a very good idea for you to work with a criminal defense lawyer.

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