Category: Assault Lawyers Mesa AZ

26Dec
Tempe Police Fight New Type of Gang War – Criminal Defense Assualt

Posted by Naegle Law | Posted in Arizona Criminal Defense Law, Assault Lawyers Mesa AZ

The search resumes for missing 19 year old ASU student who disappeared during what he previously described to his family as “hell week” for initiation into a fraternity. He was last seen at Tempe Marketplace 11:00 pm on November 30, 2012, after attending an event held by a fraternity for which he was pledging.

Tempe police have tenaciously conducted ground and lake searches; used K-9 units; surveillance video; interviews with friends, class mates and followed many leads, in desperate attempts to find the missing college student.

But this is not the first report of crimes, possibly involving fraternities that have plagued the City of Tempe AZ this semester. Tempe police report that crime has increased in the city, since Fraternity Houses known as “Frat Row”, were eliminated and moved off of A.S.U. Campus.

Police crime statistics for Tempe reflect an overwhelming number of #911 calls and incident reports at fraternity houses and apartments complexes, now occupied by the fraternities in the city.

Many of the arrests have been for common offenses such as underage drinking; property damage and disorderly conduct. However, a number of the arrests were for hostilities between different Fraternities members resulting in misdemeanor and felony assaults, and violent attacks. The latter are serious charges that are egregiously prosecuted. Assaults, property damage and violent crimes are considered crimes against victims, and carry severe consequences.

Criminal Liability and Collateral Consequences of Felony Convictions

If a person is found guilty in a court of law, or pleads guilty to serious crimes, there will usually be long term consequences.

Convictions for many of these crimes will result in criminal liability, and will expose a person to jail, fines, fees, restitution, counseling, probation, community service, and more. Felony Convictions in Arizona call for prison sentencing. Violent crimes will result in long term prison sentences, and a felony criminal record that will have life altering adverse impacts.

Many first-time DUI or criminal offenses are the result of errors in judgment, and offenders of the law do not realize what type of penalties they will suffer if convicted. Further, they may not be aware of the fact that the convictions will result in other consequences, such as civil state penalties, especially felonies. These are sometimes referred to as “collateral consequences”, which can be just as devastating as criminal penalties. A Felony Conviction with criminal record may include civil or collateral consequences such as loss of:

Current Job
Future job opportunities
Suspension or termination from school
Ability to obtain loans or credit
Scholarships, or other state or federal grants
Driving privileges
Right to vote
Possess or carry a firearms
USA Citizenship
Prohibition from entering some other countries outside the US

It is important that you consult a criminal attorney if you were arrested for any criminal charge. You should never “plead guilty” or go to court without retaining legal representation, especially if your charges expose you to any incarceration, upon conviction.

If retained the Naegle Law firm will defend your charges; protect your rights; and work towards securing the best possible resolution of your behalf. If we are unable to get the charges dismissed, we will attempt to negotiate a fair resolution, which usually is a more favorable sentencing than you would get in absence of an attorney.

Call the Naegle Law firm at 602-663-9958 to schedule your free anytime anywhere consultation.

14Nov
Confused About Assault Charges in Arizona?

Posted by Naegle Law | Posted in Arizona Criminal Defense Law, Assault Lawyers Mesa AZ

If you have been charged with assault in Arizona, you may be confused about not only the specifics of the charge, but also about the possible penalties you face. Your confusion is understandable, since the assault laws in Arizona are not always easy to understand.

Assault in Arizona is generally divided into 2 main categories: (1) Misdemeanor Assault; and (2) Aggravated Assault. Each category has several subsections further defining the nature of the offense, as well as the penalties associated with each.

Misdemeanor Assault. This classification of assault, also called “simple assault,” requires that you

(a) intentionally, knowingly or recklessly cause any physical injury to another person,

(b) intentionally put another in “reasonable apprehension of imminent physical injury,” or

Conviction for simple assault may be either a Class 1, Class 2 or Class 3 misdemeanor, with punishment ranging from 30 days to 6 months in jail, and fines from $500 to $2,500.

Aggravated Assault. This consists of any misdemeanor assault coupled with one of many additional factors,

a) including causing serious physical injury,

b) use of a dangerous instrument or deadly weapon,

c) assault committed while the victim is restrained,

d) where the victim is a minor,

e) violation of a restraining order,

f) where the victim is a peace officer,

g) firefighter, teacher (on school grounds),

h) health care practitioner (while engaged in professional duties), etc.

This list goes on. The most important thing to know about aggravated assault is that it is a felony in Arizona, and jail time can run up to 20 years.

If you have been charged with assault in the Phoenix area, or anywhere in Arizona, don’t allow the criminal justice system to play havoc with your life. Contact an experienced Assault Attorney to defend you, explain the confusing laws in language you can understand, and insure your best chance of dismissal or reduced charges.

Call 602-663-9958 to schedule your free anytime, anywhere consultation with attorney Charlie Naegle. When you hire The Naegle Law Firm, you work directly with Charlie Naegle. For your convenience, you may also use our consultation request form and we will contact you as soon as possible

08Oct
Assault and Battery Attorney – Mesa, Arizona

Posted by Naegle Law | Posted in Assault Lawyers Mesa AZ

Arizona is a state in which there is no differentiation between assault and what was previously known as battery. Both are considered assault in Arizona, with actions previously considered “battery” now labeled as the misdemeanor simple assault.

Simple assault, then, is intentionally threatening or causing physical injury to another person. By contrast, aggravated assault is a more serious crime, with a person intentionally or recklessly causing serious injury or disfigurement to another person. This crime is a felony with more serious consequences.

Generally speaking, if someone has been actually touched by the person alleged to have committed the offense, then a “battery” has occurred. If a person has not actually been touched, only threatened, then the offense is considered an assault.

Because of the potentially dangerous consequences of assault and battery charges, the court treats these cases very seriously.

If you, a friend or loved one is facing Arizona assault charges, feel free to contact us. At the Naegle Law Firm we are dedicated in serving you. Call us at 602-663-9958 for your free consultation with Charlie Naegle, Arizona criminal defense attorney.

26Sep
What Makes a Crime “Aggravated”? – Aggravated Assault Lawyer Mesa, AZ

Posted by Naegle Law | Posted in Arizona Criminal Defense Law, Assault Lawyers Mesa AZ, AZ Domestic Violence

Assault charges are very serious crimes under the Arizona criminal laws. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process. At The Naegle Law Firm we are dedicated in giving you the best possible defense as well as the best possible advice.

Call The Naegle Law Firm for a free legal consultation at (602) 663-9958!

Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the “aggravated” level. Facing charges as serious as this can be nerve-racking, especially if you are a first time offender without a clear understanding of how the Arizona criminal law process works. With the possibility of a lengthy prison sentence, you may want to be sure you have all the help you can get – let us help you!

Aggravating circumstances:

Results in “serious physical injury”
Is committed with a deadly weapon
Cause temporary but substantial disfigurement or fracture
Use restraint
Is committed after entering the private home of someone
If the victim is a police officer, prison guard, firefighter, prosecutor, teacher, or medical professional.

Depending on the circumstances, aggravated assault is usually considered a Class 3 Felony. If this is your first offense you may be facing a range of 5-15 years in prison. Your history and the circumstances of the crime will determine where in this range the judge sentences you.

Because there is a recommended range that the judge must sentence you within, as Criminal Defense Attorneys Mesa AZ we will provide you with a great defense and will argue for the lowest prison sentence possible. Contact Charlie Naegle at (602) 663-9958. We will capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence.

19Sep
ASSUALT LAWYERS MESA, AZ

Posted by Naegle Law | Posted in Arizona Criminal Defense Law, Assault Lawyers Mesa AZ

If you have been charged with Assault in Arizona, you may face serious jail time. When facing criminal charges it is crucial that you act quickly in retaining skilled legal representation to defend you. Your selection of attorneys is a critical choice; few criminal defense attorneys have the background and experience as the legal team at The Naegle Law Firm. With extensive experience in all manner of Arizona Assault charges, your best interests are aggressively protected in court. Your case will be carefully analyzed to determine the strategy that will be employed to seek a better outcome for you, no matter how serious the offense.

It does not take much for an altercation or argument to escalate and involve the police. Some people may believe that an Assault charge consists of a violent fight between two individuals but this is not always the case. Assault can include an attempt to hurt someone physically. In some instances, prosecutors have decided that the slightest touch is enough to file assault charges. Additionally, the law does not require the alleged victim to sustain an actual injury.

Whether you are facing a first assault offense or are charged with a serious felony assault, your case will be carefully reviewed and analyzed to determine if any errors or violations of your rights have taken place during the arrest, through the chain of custody of evidence, in lab procedures or other aspect of the case that opens the door to a successful court challenge. It is vital that you do not engage in any discussions, questioning or interrogations without first contacting The Naegle Law Firm to protect you. Make the call immediately after your arrest. You can call Attorney Charlie Naegle anytime night or day and speak with him directly at (602) 663-9873.

Each assault case has individual circumstances and evidence, and some may consider there is little hope. In fact, we frequently discover viable options to defend the case in court and will vigorously defend our client. Our background in the criminal justice system results in a broad understanding of how the prosecutor in the case will proceed and the strategies for staying one step ahead of the moves they make. Your rights will be aggressively protected and our legal team will seek a “not guilty” verdict, dismissed charges, a reduced charge or alternative sentencing, depending on the exact circumstances of your case. Charlie Naegle is here to protect you and to fight for you in court.

There are several different types of assault charges including but not limited to:

•Assault Causing Serious Bodily Injury

•Assault on a Public Servant, Sexual Assault

•Assault with a Deadly Weapon

•Aggravated Assault

•Sexual Assault

•Assault Family Violence

•Assault on a Child Or Elderly

Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication. Higher level misdemeanors could result in jail time or probation. Felony cases may result in probation or prison time. Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program that could result in a dismissal of your case.

Despite what the police might say, being charged by the Police with an offense does not mean that you will be found guilty of that offense. It is also true to say that Police are human and do make mistakes. In some domestic violence cases they may be bound to take action against someone even though they would prefer not to and in other cases they may be biased or act illegally.

There are many reasons why you may be found not guilty by the court, some of which include:

•The police don’t have enough evidence to prove that you committed the offense;

•The police have acted illegally or improperly;

•A witness may not attend court;

•The Police have charged you with the wrong offense;

•Where applicable the Police cannot prove that the injuries amount to actual or grievous bodily harm;

•You are able to rely on a recognized defense.

No matter what the case may be you’ll find yourself in good hands at The Naegle Law Firm. Call Charlie Naegle for your free consultation today at (602) 663-9873!