Unfortunately, confrontations can escalate far more quickly than most people ever expect them to. One heated exchange, one misunderstanding, or one split-second reaction is all it sometimes takes for an assault charge to arise. If you’re accused of assault in Tempe or anywhere in The Valley, you can depend on a skilled criminal defense lawyer from The Weingart Firm, PLLC to effectively represent your interests, every step of the way. Contact us today so we can get started working on your case.
What is Assault Under Arizona Law?
Assault is defined under the Arizona Revised Statutes § 13-1203. While many people assume assault always involves physical violence resulting in visible injury, the truth is that the law is broader than that. Under ARS § 13-1203, a person commits assault in one of three ways. They are as follows:
- Intentionally, knowingly, or recklessly causing physical injury to another person
- Intentionally placing another person in reasonable apprehension of imminent physical injury
- Knowingly touching another person with the intent to injure, insult, or provoke
Notice something important here. Physical injury is only required under the first category. In many cases, especially those that arise during arguments or emotionally-charged disputes, the charge is based not on actual harm, but on what the alleged victim claims they believed was about to happen. Some of the most common examples of assault-related scenarios we see are as follows:
- A physical altercation outside a bar
- A heated argument between roommates that results in shoving
- Throwing an object during an argument that strikes or nearly strikes someone
- Raising a fist or making a threatening gesture that causes someone to claim fear
- Grabbing someone’s arm during a confrontation
- Slapping a phone out of someone’s hand
Types of Assault Charges in Arizona
The classification of your charge will determine whether you are facing misdemeanor penalties or felony penalties. Some of the various types of assault charges in Arizona are as follows:
- Simple Assault, also known as Misdemeanor Assault: This typically involves minor injury or placing someone in reasonable fear without serious harm. Depending on the circumstances, it may be charged as a Class 1, Class 2, or Class 3 misdemeanor.
- Aggravated Assault, or Felony Assault: Assault becomes aggravated when certain factors are present. These may include causing serious physical injury, using a deadly weapon, assaulting a protected victim, or causing temporary but substantial disfigurement. Aggravated assault is charged as a felony, and the level of felony depends on the facts of the case.
- Domestic Violence Assault: If the alleged victim has a qualifying domestic relationship with the accused, such as a spouse, former partner, roommate, or family member, the assault may carry a domestic violence designation. This designation adds additional consequences beyond the standard penalties.
- Assault on a Police Officer or Public Servant: Assaulting a law enforcement officer, teacher, healthcare worker, or other protected public servant performing official duties can elevate the charge significantly.
Assault Penalties in Arizona
The penalties for assault will vary based on the classification of the offense, prior criminal history, and whether aggravating factors are present. That said, the penalties for various assault charges in Arizona are as follows:
Class 1 Misdemeanor Assault
- Up to 6 months in jail
- Up to $2,500 in fines, plus surcharges
- Up to 3 years of probation
- Mandatory domestic violence classes, if applicable
- Potential protective orders
Class 2 Misdemeanor Assault
- Up to 4 months in jail
- Up to $750 in fines
- Up to 2 years of probation
Class 3 Misdemeanor Assault
- Up to 30 days in jail
- Up to $500 in fines
- Up to 1 year of probation
Felony Aggravated Assault Penalties
Depending on the felony level, you may face the following sentencing ranges:
- Class 6 Felony: Approximately 1 year presumptive prison term
- Class 5 Felony: Approximately 1.5 years presumptive prison term
- Class 4 Felony: Approximately 2.5 years presumptive prison term
- Class 3 Felony: Approximately 3.5 years presumptive prison term
- Class 2 Felony: Approximately 5 years presumptive prison term
If the offense is deemed dangerous, particularly involving a deadly weapon or serious injury, sentencing ranges increase and probation may not be available.
Defenses Against Assault Charges
If you have been charged with assault, that does not mean a conviction is inevitable. There are several potential defenses against an assault charge that a lawyer from The Weingart Firm, PLLC can use, depending on the circumstances of your case. Some of the best defenses against assault charges are as follows:
- Self Defense
- Defense of Others
- Lack of Intent
- False Allegations
- Insufficient Evidence
Contact a Phoenix Metropolitan Area Assault Defense Lawyer
No matter the circumstances of your assault charge, a seasoned criminal defense lawyer from The Weingart Firm, PLLC can help protect your future and freedom. Contact our firm for a free initial consultation today so we can get started working on your case.
