Swarming

We’ve talked before about the Gilbert Goons and the murder of Preston Lord, and while the road to that trial is on-going, the ramifications of the case are already resulting in action. In a day and age where most legal updates occur after a trial or conviction, the Maricopa County Attorney's Office is getting out in front by trying to update the penalties on what is known as “swarming.”

Under this new legislation, “swarming” would be classified as any attack in which three or more offenders assault a single victim. Each assailant would be charged separately, and the penalty for assault under this charge would move up from a Class 6 Felony to a Class 4 Felony. The Attorney’s Office feels as though the current penalties are too often reduced down to misdemeanors, or additional assailants too often face much lesser charges as accomplices to a crime as opposed to being considered offenders themselves. A Class 4 Felony cannot be as easily reduced down to a misdemeanor charge, and carries a penalty of up to 4 years in prison upon conviction.

The MCAO is hoping to get these changes enacted as quickly as possible. Despite the press surrounding the Preston Lord case, MCAO says that swarming violence is on the rise and that teenagers are the primary perpetrators. Since December of 2023, the MCAO has tried 18 cases in which swarming charges would have been issued. The MCAO hopes that by increasing the penalties they can reduce the number of violent group assaults taking place throughout the valley. No timeline is in place for the proposed changes to take effect, but the fact that the MCAO is acting before the Lord trial even gets under way illustrates just how great the need for more severe penalties really is.

For some swarms you need an exterminator, but for others you need a great lawyer. If you find yourself the victim of assault, whether it was one assailant or several, or if you find yourself falsely accused of assault, call us at Palestini Law today. We are well-versed and well-experienced in handling all levels of assault cases, and we’ll work to see that your case is handled with the tact and seriousness it deserves.