Articles Posted in Assault Laws

How a Prosecution May Use Expert Testimony to Support Their Case
Law Office of James Novak

When defending against Arizona criminal prosecutions, understanding the nuances of expert testimony can be a game-changer in shaping the outcome of a case. The Arizona Court of Appeals recently released a ruling that helps to explain the requirements for a witness in a criminal case to testify as an expert. These standards and requirements may…

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How to Avoid Self- Incrimination while in Custody for Aggravated Assault Charges
Law Office of James Novak

Arizona jails and prisons have measures in place assure no criminal activity in progress in communications. These procedures enable officials to screen mail, and record telephone calls involving the suspect. The content of mail or phone calls can be used prosecute pending or future criminal charges. This article includes three things to keep in mind to help you avoid self-incrimination; How to invoke your rights; Aggravated Assault Penalties in Arizona; and How to resolve your criminal charges.

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Does Enhanced Sentencing Apply under DCAC if Victim is Fictitious?
Law Office of James Novak

The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious.
Under Arizona’s Dangerous Crimes against Children law (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These sentencing guidelines are harsh and designed to provide greater punishments. Dangerous Crimes against Children in Arizona for those offenses described under A.R.S. 13-705 for which calls for enhanced sentencing. It applies when a person 18 years or older is convicted of committing specified offenses against children between ages of 12 to 15 and under, depending on the particular offense listed under the law.

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What You Should Know about Threats, Guns and Assault Laws
Law Office of James Novak

Unless specifically outlined by law, carrying a loaded firearm on any school grounds will result in criminal charges under Arizona’s Weapons Misconduct law A.R.S. 13– 3102 (12). Under A.R.S. § 13- 3102 (I) (1) Arizona law provides an exception, to weapons misconduct laws if the firearm within the person’s possession or vehicle was not loaded with ammunition. In this case ammunition was not in the chamber. However, there was ammunition in the magazine which holds the shells for the purpose of feeding the chamber repeatedly.
The defendant argued that the law was unconstitutionally vague because it does not define the word “loaded”, and that some states define it more narrowly.
The Arizona Appeals Court affirmed the decision of the trial court which held that “loaded” includes not only the bullets contained in the firing chamber. Rather, a gun is also considered to be loaded if ammunition is contained within the cylinder, magazine, or clip of a firearm. The court cited a number of case precedents for relied upon by both sides which concluded this holding.
The Appeals Court concluded that a law is not constitutionally vague simply because the State Legislature decided not to define it more technically or narrowly. This article outlines the weapons misconduct at school laws, assault laws that apply; penalties; situations in which guns are permitted on school grounds; and criminal defense for charges.

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4 Deadly Arizona Criminal Charges in Domestic Disputes
Law Office of James Novak

In this article, we will discuss four types of criminal charges often associated with domestic disputes that put a person at risk for harm or fatality, risk factors, and criminal defense topics. Any one or more of these criminal charges, in absence of injury can be life altering.
Convictions can jeopardize your freedom, leaving you with a long standing criminal record. The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

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Why Good Juries Reach Bad Verdicts
Law Office of James Novak

♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be concerned with facing criminal charges if…

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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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