What Is Assault in Arizona?
A person commits assault by: intentionally, knowingly or recklessly causing any physical injury to another person; or intentionally placing another person in reasonable apprehension of imminent physical injury; or knowingly touching another person with the intent to injure, insult or provoke such person.
There are two types of assault according to Arizona Law:
- Simple Assault (Misdemeanor);
- Aggravated Assault (Felony).
The difference lies in the severity of the crime.
What Is Battery in Arizona?
Aggravated Assault and battery are considered to be the same in the state of Arizona.
A regular assault charge becomes an aggravated assault charge if the following conditions are met.
- Serious injury or disfigurement occurs to the victim.
- The perpetrator uses a deadly weapon or dangerous instrument to put someone in reasonable fear of imminent physical harm.
- The perpetrator commits the aggravated assault on one of the following people.
- Police officer
- Elderly person
- Peace officer
- A household member
- Another public servant
Sometimes, battery charges go hand in hand with resisting arrest charges.
Gilbert Assault Charges Our Assault and Battery Attorneys Handle
If you are in need of a lawyer for assault charges in Arizona, call us at 602-237-6772.
Simple Assault & Misdemeanor Assault
Misdemeanor Assault has three classifications:
- Class 3 Misdemeanor Assaults involve knowingly touching another person, either with the intent to injure and assault or provoke such a person. An example of this is poking someone who asks you to stop poking them. You’re not trying to injure them, just provoke them.
- Class 2 Misdemeanor Assaults involve the threat of inflicting physical injury. For example, if you are swinging your arms around carelessly and you cause injury to someone else. Moreover, if someone feels in imminent danger of physical injury, you can be charged with a Class 2 misdemeanor assault.
- Class 1 Misdemeanor Assaults include any physical injury to another person done intentionally. If you go up and punch someone, that is an intentional assault.
Aggravated Assault or Felony Assault
Aggravated assault is essentially simple assault combined with one or more “aggravating” characteristics. These characteristics are as follows:
- Serious physical injury or bodily harm has occurred to the victim
- Perpetrator used physical force, which resulted in bodily injury to the victim
- The victim was physically restrained or unable to resist
- Use of a deadly weapon or dangerous instrument
- Perpetrator entered into the private home of another person
- The assault occurred to a minor under the age of 15
- The assault was against a police or peace officer, or other public servant
- It violated a domestic violence order of protection
- Impeding someone’s ability to breathe.
Crimes and intentional torts are considered “aggravated” if certain aggravating factors come into play. These aggravating factors make the situation more serious than it otherwise would have been.
Even domestic violence is a form of assault in Arizona.
An assault is considered domestic violence if the following criteria are met.
- Incident involved two or more people who live together
- The incident involved two or more related people
- The incident involved two or more people who were romantically involved
Many times, an assault charge is seen in conjunction with another offense, arising out of the same incident, such as resisting arrest. While resisting arrest can be accomplished by passive resistance involving no violence, the other two actions that can warrant this type of charge are:
- Using or threatening to use physical force against a peace officer or another
- Using a certain means that puts a peace officer or another at risk for injury
Resisting arrest is a class 6 felony when force or threatened force is used, and a class 1 misdemeanor when it involves passive resistance only.
Call Our Assault and Battery Lawyer for Legal Representation Today
If you have been charged with assault, call our experienced assault defense lawyers today to schedule a case evaluation at 602-237-6772.
What Are the Penalties for Arizona Assault & Battery Charges in Phoenix?
The severe consequences assigned to felony or misdemeanor assault cases depend on the class of the felony or misdemeanor assigned to them.
Misdemeanor Assault Penalties in Arizona
- Class 3: Up to 30 days in jail with one year probation, restitution, community service, anger management classes, and $500 in fines.
- Class 2: Up to 4 months in jail with two years probation, the same additional requirements as Class 3, and $750 in fines.
- Class 1: Up to 6 months in jail with three years probation, the same additional requirements as Classes 2 and 3, and $2,500 in fines.
Felony Assault Penalties in Arizona
- Class 6: From 18 months to 3 years in prison, with a presumptive term of 27 months.
- Class 5: From 2 to 4 years in prison, with a presumptive term of 3 years.
- Class 4: From 4 to 8 years in prison, with a presumptive term of 6 years.
- Class 3: Up to 15 years in prison, with a presumptive term of 7.5 years.
- Class 2: From 7 to 21 years in prison, with a presumptive term of 10.5 years.
What Are Possible Defenses to Assault & Battery Convictions?
Working with an attorney for your assault charges will allow you to protect both your legal rights and your civil rights. If you are convicted of the alleged crimes, it’s important to understand that this conviction could greatly affect your personal and financial future. An assault law firm can help you craft the best possible defense for your situation. Some common defenses to assault include the following.
- Self-defense: If the accused only engaged in the actions in question as a form of self-defense.
- Crime prevention: Doing something in order to prevent another crime.
- Defense of others: Defending other people is also a valid defense for assault charges.
- Defense against property damage: If your property or other pieces of property are being threatened.
- Mistaken identity: Witness testimony is often unreliable. If you and your attorney can prove that a witness has mistaken you for someone else, you can use this defense.
- Alibi: Obviously, if you could not have physically committed the crime, you can use your alibi as a valid defense.
- Reasonable doubt: The prosecutor must prove beyond a reasonable doubt that you committed the acts in question. You and your attorney must work together to cast reasonable doubt on the prosecutor’s argument.
Why Choose Our Assault Charges Lawyers in Gilbert, Arizona?
Nobody should try to handle any assault charges in Phoenix, Arizona by themselves. The team at the Law Offices of Brandon White has the experience necessary to handle this for you. When you work with us, you can expect:
- Compassion and understanding
- A thorough defense strategy
- Dedication to your case
- Personal attention.
Our team of accomplished criminal defense lawyers are ready to advocate for you, backed by their extensive knowledge and skill in criminal defense. If you need an assault attorney, our team of attorneys, who are all former prosecutors, are here to help.