The 17 Best Domestic Violence, Assault, and Felony Aggravated Assault Defenses In Phoenix, Arizona

1-4: Affirmative Defenses 

1. Self-Defense

Per Arizona Revised Statute 13-205, it is a Defense to Assault if you can show you were Justified.  In order to do this, you must prove by a Preponderance of the Evidence (i.e., more likely than not) that you were Justified in using force to defend yourself against an Actual Assault, or an Impending Assault.  This is one of the most common Defenses in Arizona and is very common in bar fight situations.  It is also very common in domestic situations where one person begins hitting or scratching the Defendant during an argument.

2. Defense of Others

It is also an Affirmative Defense under ARS 13-205 if you can show you were Justified the use of force in order to defend others.  Once again, this must be shown by a Preponderance of the Evidence, which means will more likely than not that your force was Justified in order to address the perceived Assault, or an actual Assault.

3. Defense of Property

A person is Justified in using force in order to defend their property, as long as it is “reasonable force.”  Again, this is sanctioned by ARS 13-205.  Once Justification is shown by a Preponderance of the Evidence, then the State must prove Beyond a Reasonable Doubt that the force was not Justified in defending a person’s property.  This happens in Domestic Violence situations where one party begins destroying another party’s property during an argument, and force is necessary to prevent or restrain in order to prevent Criminal Damage.

4. Crime Prevention

Using Justifiable Force during prevention of a crime is a Defense also sanctioned by ARS 13-205.  This can include using force to prevent your property from being damaged, preventing somebody from committing a crime against others, restraining somebody if it appears they’re going to Assault others or commit a Kidnapping, and any other type of Crime Prevention you can think of.  However, it must be shown by a Preponderance of the Evidence (i.e., more likely than not) that it was necessary in order to prevent an actual or perceived crime.  If this is shown by the Defendant, then the burden is on the State to prove Beyond a Reasonable Doubt that the force used was unreasonable, or not necessary.

5-7:  False Allegations

5. The Victim is Lying

This has become very common in Assault cases.  Either the Alleged “Victim” is lying about not being the aggressor, or they are making up/exaggerating being Assaulted.  Again, this is common in bar fight/drunken street encounters, as well as in Domestic Violence situations.  We often see scenarios where the actual aggressor is the one who initiated the attack on the Defendant, but it was the Defendant who was defending themselves who finished the attack.  It is also very common in Custody Battles to see these allegations made between spouses who are in the process of getting a Divorce, or who are fighting over Child Custody.

6. The Witness is Lying

It is common for witnesses who are friends of an individual to lie on their behalf.  They can either do this by flat-out not telling the truth, by exaggerating, or by omitting key facts.  It is important to have an Attorney who will not only interview these so-called witnesses, but who will also search for any type of surveillance, or video evidence (such as Ring doorbell cameras, surveillance cameras at bars, on the street, etc.).

7. Mistaken Identity

Sometimes in meles or bar fight situations, people get misidentified as an attacker.  This is especially common if a person is a friend of, or was with, the actual person who’s engaged in a fight.  This is also becoming more and more common than so-called road rage situations, or situations involving a moving vehicle.

8-12: Causation Defenses

8. Lack of Causation of Injury

This Defense is quite common.  Many times, two people are engaged in an argument, and one person who has been drinking will trip and cause their own injury.  In addition, sometimes people report the incident days later, after they have incurred some other type of injury in a different activity.  It is important that your Attorney analyze all evidence and interview all witnesses.

9. Supervening Cause

The Defense of Supervening Cause normally involves a melee or bar fight.  Sometimes a fight may break out where the Defendant throws a punch, but then somebody else strikes the Alleged Victim with a Dangerous Instrument or uses a Deadly Weapon.  If the Defendant is then accused of causing that secondary injury, it is important to show that they were potentially only involved in a Misdemeanor Assault, and not in a Felony Aggravated Assault.  Make sure your Attorney analyzes all medical records and surveillance videos that may be involved in your case.

10. Lack of Intent

Sometimes a person is not acting intentionally when an injury is caused.  This can include situations where a person turns around quickly, and their elbow may strike another person’s body.  This usually happens in crowded situations, and many times the Alleged Victim will claim it was done on purpose.

11. Lack of Recklessness

Even though a person may not “Intentionally” cause an injury, they can “Recklessly” cause one.  Examples would be throwing a beer bottle into a crowd, or driving at a very high rate of speed.  However, it is the Defense to Assault to show a Lack of Recklessness.  If it can be shown that the Defendant was acting the way a “reasonable person would act in similar circumstances,” then the element of Recklessness will not have been met.  This is a very powerful Defense to Assault Charges (especially Vehicular Assault Charges).

12. Lack of Negligence

Although a person may not be acting “Recklessly,” they can still be acting in a “Negligent” manner.  It is important to show that a Defendant was not Negligent in their behavior, which may have caused another person injury.  What must be shown is the Defendant exercised a level of care that a reasonable person would have exercised in similar circumstances.  Again, this is a very powerful Defense for allegations of Assault (especially Vehicular Assault).

13-15: Evidence-Based Defenses

13. Illegal Search and Seizure

We have defended many cases where the Police have improperly seized evidence without first securing a Search Warrant.  We’ve also had issues where the Search Warrant Affidavit was not truthful, or the Warrant was not executed during the proper timelines.  This Defense is very important in situations involving Felony Aggravated Assault, and where a vehicle is involved and is impounded.  It also applies where there’s a Deadly Weapon or Dangerous Instrument utilized, and where an improper Search of a person or vehicle (or their house) was conducted.

14. Miranda Rights Violations

If the Police improperly questioned a suspect who is in custody without first reading them the Miranda Rights, then these statements can be “Suppressed.”  Very often, we have found cases where Police Officers will interview an individual, then Mirandize them, and then ask the same questions all over again (on video).  If this occurs, all those statements can be “Suppressed” (along with all evidence obtained because of those answers), if a proper Motion is filed.

15. Exaggeration and Bias by the Police and Sloppy Reporting

Many times, a Police Officer’s written report will not match what is captured on body-worn “Axon” cameras.  In addition, if a video is not available, it is important to interview all witnesses who were not only listed in the report, but who also may have been ignored by Police.  You need to have a skilled Defense Attorney who can locate and interview all potential witnesses in order to counteract a sloppy or biased Police report.

16-17: Diminished Capacity and Mental Health Issues

16. Autism and Spectrum-Based Defenses

If a Defendant is accused of Assault (whether its Misdemeanor or Felony Aggravated Assault), it is important to obtain all past medical records and diagnosis of Autism or Spectrum-Based issues.  Not only can this serve to “Mitigate” any charged crime, but it can be used to have charges Dismissed (or not filed at all).  Make sure to let your Defense Attorney know of any diagnosed conditions.

17. Bi-polar, Schizophrenia, Break from Reality, and other Diminished Capacity Defenses

It is quite common for people who have diagnosed mental issues to be accused of Assault due to misunderstandings regarding their situations. Any pre-existing diagnoses, or medical scripts that a Defendant is currently possessing, need to be thoroughly explored by their Defense Attorney.  In addition, if there has not been a previous diagnosis, it is important to get the Defendant in with a Doctor in order to perform a Neuro-Psychological Exam, or Psychiatric Evaluation.  Even if this does not serve as an outright Defense to get charges Dismissed, it is commonly used to reduce the charges and “Mitigate” them so there is no jail or prison time.