criminal defense Archives

Assault

Simple

Simple assault describes instances that involve a minor injury and/or minor threat of violence at most. It is the most minor of assault and is usually charged as a misdemeanor. There are certain protected classes of people for which those who assault them are given harsher sentences. Members of this protected class often include police officers, mental health workers, social services workers, and disabled and elderly persons.

Aggravated

Aggravated assault describes instances in which serious harm is done or threatened the victim. It can result in serious injury and is especially dangerous with the use of a deadly weapon. Use of a deadly weapon opens up a separate case in some states and can lead to serious criminal charges including, but not limited to, jail time, fines, and/or community service. Aggravated assault is considered a felony offense with consequences of up to 20 years in prison. If the assault was against a protected class or used a deadly weapon, jail time and other penalties can be increased.

Sexual

Sexual assault, as well as aggravated sexual assault, involves the threat and/or action of non-consensually engaging in sexual acts with a victim. They are usually defined as felony offenses, and consequences can range from one year to a lifetime in prison. Additional penalties often include court-ordered rehabilitation while in prison.

As with other forms of assault, penalties increase if the assault is committed against a protected class, a minor, or use of a deadly weapon occurs.

Battery

The difference between battery and assault has become less relevant over the years, with many charges being labeled as “assault and battery,” as opposed to either one individually. Semantically, where assault covers the threats of violence, battery covers the followthrough and actual physical violence.

Dropping Rates/Rising Rates

Violent crime charges are serious and varied. Penalties change drastically when factors such as the aggressor and/or the victim being a minor come into play, whether it is a recurring charge, and the degree of the damages done. Fortunately, violent crime in the United States has seen a drastic drop since its peak in the early 90s, with a drop from 758 violent crime cases per 100,000 people in 1991 to just 368 cases per 100,000 people in 2018.

While violent crime rates as a category are dropping, unfortunately, some cases of assaults are on the rise, largely sexual assault. Some of this is due to the FBI updating its outdated definition of rape to focus on consent rather than force, therefore classifying more crimes as rape, but there does seem to be a considerable upward trend since 2013. According to the National Criminal Victimization Survey, estimated rapes (beyond just what is reported) have drastically increased since 2013.

No matter what the trends say, violent crime can ruin a person’s life completely. Whether you have been unfairly punished or were a victim of a violent crime, it is important that you know how to put your experience in legal terms.

Criminal justice reform has swept much of the nation as lawmakers move away from harsh punishment as a deterrent and begin exploring the value of rehabilitation. Many states in the nation have reduced mandatory sentences for nonviolent drug offenders, first-time offenders, and property crimes. According to criminal defense attorney Case Darwin, “restorative justice is becoming an increasingly high priority for many states that are looking to reduce recidivism.”

Arizona was slated to join these states, as advocates and legislators appeared to be moving toward consensus on new bills. A last-minute veto has left advocates frustrated and muddied the waters for future negotiations.

Reform Bills Introduced in Arizona

Initially, the bills introduced by Rep. Ben Toma and Sen. J.D. Mesnard were originally much larger in scope. The representatives said that their motivation was to create a justice system that is truly based on justice, rather than punishment. They received a frosty reception from the House Judiciary Committee, which had a history of shooting down bills that would reduce penalties for nonviolent drug offenders, allow for judicial discretion in sentencing, and permit inmates to reduce their prison sentences by attending drug treatment programs. Two bills were introduced this session, and both quickly narrowed in scope as they came under fire from opponents.

Scaling Down the Bill

In an effort to get bills passed and start the path toward criminal justice reform in Arizona, the sponsors of the bill added a section that would still allow prosecutors to use enhanced sentences for first-time convictions, which was initially not included in the bill. Early in the session, legislators noted that they believed enhanced sentences should only be a viable option for multiple offenders who did not learn their lesson after their first conviction. Additionally, they removed a part of the bill that would have required the court system to collect data on plea deals and sentencing. Despite these compromises, legislators were shocked by last-minute resistance to their bills.

A Late Veto and a Divide in Arizona

The sponsors of these bills indicated that they made the request changes with the expectation that opponents would meet them in the middle and pass common-sense reform bills. Instead, prosecutors in Arizona lobbied against the bills and called on Governor Doug Ducey to veto them. Governor Ducey passed one bill that will allow some convicted on drug charges to get out of prison early. He vetoed the other bill, which would have prevented prosecutors from using charges intended for repeat offenders on first-time offenders.

In general, criminal justice reform is widely supported in Arizona. Bills that have passed have done so by a large margin. These measures could keep offenders with a low chance of recidivism from serving excessively long prison sentences, reducing the problem of prison overcrowding and minimizing the financial burden on the state. After this session, however, advocates are unsure about moving forward. They believe that prosecutors and legislators opposed to the bills acted in bad faith, which could weaken further efforts to pass criminal justice reform bills.

How This Could Affect the Public

Those who are charged with a crime may find themselves with over-the-top jail sentences and fines, due to a continued focus on retribution over rehabilitation. This bill will also impact those who are never accused of committing a crime; the current criminal justice system places a substantial burden on Arizona, and the money used to fund the system must be taken from schools, roads, and other public services. Down the road, many hope that legislators will be able to come to an agreement on criminal justice reform. Doing so could give more people a shot at a second chance and the freedom to reintegrate into society after a criminal offense.

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