If you're an immigrant facing aggravated assault charges in Phoenix, it's crucial to understand how this crime can impact your immigration status. Arizona categorizes aggravated assault crimes as felonies. This classification puts immigrants at a higher risk of deportation. It also reduces chances of gaining re-entry into the United States.
At Vianey K. Hurtado Law, we understand the complexities of the immigration system. We provide our clients with a knowledgeable legal team. Together, we create an in-depth strategy that covers all aspects of your case for the best outcome. We actively advocate for members of the Phoenix and Yuma communities.
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Aggravated Assault refers to an assault involving distinct factors (A.R.S 13-1204), such as:
This crime is a serious offense that can put your immigration status at risk. The penalties for aggravated assault range between a Class 6 Felony and a Class 2 Felony. The classifications depend on specific circumstances.
Arizona categorizes aggravated assault by the following criteria:
Using a deadly weapon makes this charge a Class 3 dangerous felony.
Offenders will face anywhere from 5 years to 25 years in prison depending on prior convictions (charges against you).
Causing injuries or disfigurement without a weapon makes this charge a Class 3 non-dangerous felony.
Offenders will face anywhere from 1 year in prison to 25 years in prison depending on prior criminal history.
Some assaults may become felonies based on the status of the victim. If you commit an assault against a special-status individual (teachers, police officers, doctors, etc.) the charge becomes a Class 6 felony.
Offenders will face between 1 and 5.75 years in prison depending on prior charges.
When the victim is under 15 years old, the assault becomes a dangerous crime against a child. This escalates the charge to a Class 2 felony, the most severe penalty.
Sentencing for a Class 2 Aggravated Assault involves much higher consequences. A thorough legal evaluation can help determine them.
An aggravated assault case involving a spouse, former spouse, romantic partner, co-parent, household member, or another qualifying domestic relationship requires additional immigration analysis.
Federal immigration law contains a separate ground of deportability for certain crimes of domestic violence. This means that even when the offense is prosecuted under Arizona law as an assault or aggravated assault, the domestic relationship between the defendant and alleged victim can create an additional immigration issue.
A conviction does not become a deportable crime of domestic violence simply because Arizona labels the case “domestic violence.” Immigration law applies its own federal definitions. The exact statute of conviction, the elements of the offense, and the qualifying relationship must all be reviewed.
For that reason, a non-U.S. citizen charged with aggravated assault designated as domestic violence should have the immigration consequences analyzed before accepting any plea agreement. A plea that appears favorable in criminal court may still create a serious immigration problem if the immigration consequences are not considered first.
At Vianey K. Hurtado Law, we handle both criminal defense and immigration matters, allowing us to evaluate how a proposed criminal resolution may affect a client's immigration status before a decision is made.
Some defense and relief options include the following:
Any immigration waiver or other form of relief depends on the particular ground of inadmissibility or deportability and the person's eligibility. There is no single waiver that automatically cures every aggravated-assault conviction.
Navigating aggravated assault charges as an immigrant can be overwhelming. It's best to seek legal guidance and create an in-depth strategy for a favorable outcome.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an experienced attorney and serve the areas of Phoenix and Yuma. Your attorney will create a relevant strategy to achieve the best outcome for your case.
If you need an aggravated assault immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.
