Question: My neighbor who's in his mid 30's punched me in the face. It cut my face open with his ring and I had to go to the hospital for stitches. Then he threatned to kill me and my brother and our friends. He was really drunk. What can he be charged with and am I going to have to testify? Mom and dad called the police.
Answer: If someone beats someone up they would most likely be charged with aggravated assault. (A.R.S. §13-1203 & §12-1204) Penalties for aggravated assault range from the least severe a class 6 felony to the most severe a class 2 felony. And they carry a jail sentence along with the possibility of a fine of up to $150,000.
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Min
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Max
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For a class 2 felony
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4 yrs
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10 yrs
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For a class 3 felony
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2.5 yrs
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7 yrs
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For a class 4 felony
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1.5 yrs
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3 yrs
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For a class 5 felony
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9 months
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2 yrs
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For a class 6 felony
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6 months
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1.5 yrs
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Penalties for aggravated assault get harsher depending on if you used a deadly weapon during the assault, substantially injured or disfigured the victim, or caused serious injury to the victim.
A victim can be called to testify. If someone is called as a witness, he/she should answer the questions asked as honestly as he/she can. If you really can't remember something they ask you about, just say so but don't make up something just to sound good. If you lie under oath, that is a crime and you could end up in a lot of trouble.
If you are testifying in a criminal case and you were involved in committing a crime, you have the right not to admit that in court. It's called the right against self-incrimination, protected by the 5th amendment of the United States Constitution. If you find yourself in a situation where you might incriminate yourself, tell the judge you'd like to speak with a lawyer and the judge should appoint one for you.
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