Phoenix Assault Attorneys
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Assault is a violent offense that is prosecuted very harshly in the state of Arizona. The crime of assault involves either threatening harm or inflicting harm or serious physical injury to another person. Assault can encompass a wide range of actions, from verbal threats to physical attacks, and the consequences can be severe, including significant fines, a lengthy prison sentence, and a permanent criminal record.
However, the statutes governing assault charges in Arizona can be challenging to understand and even more difficult to defend yourself against. These laws include various degrees of assault, each with specific elements that must be proven, such as intent, the severity of the harm caused, and the presence of any aggravated factors.
As a result, you must obtain the help of an experienced Phoenix criminal defense attorney like those at Belén Law Firm, PLLC to defend you if you’ve been accused or charged with an assault-related crime in Arizona. Our skilled attorneys have extensive knowledge of Arizona’s assault laws and a proven track record of defending clients against these serious charges.
If you face assault charges in Phoenix, AZ, or the surrounding areas, do not hesitate to seek the professional legal assistance you need to navigate the legal system effectively and protect your future. Contact our law firm or reach out online to schedule a free consultation with a member of our team today to get started.
What is Assault?
What many people don’t know is that you don’t have to physically injure someone to receive an assault charge in Arizona. Under Arizona law, the mere threat of injury is criminalized and may warrant a charge of assault, meaning it does not require actual physical contact to occur.
Assault is generally charged as a misdemeanor, but depending on whether aggravating factors are involved, it may be charged as a felony. Assault cases also often arise in connection with a separate crime, such as disorderly conduct, domestic violence, or resisting arrest.
What is the Difference Between Assault and Battery?
As criminal defense lawyers, we are often asked about the difference between assault and battery. Every state sets its own laws governing the crimes of assault and battery, so the answer is not always black and white. For example, in Arizona, the law classifies “assault” as what may be considered “attempted battery” or “simple assault” in other states.
Battery charges often entail the physical act of injuring someone rather than the mere threat. There are no battery charges included in Arizona’s criminal code. What is generally considered battery in other states, Arizona refers to simply as assault.
What When Can a Person Be Charged With Misdemeanor Assault in Arizona?
As mentioned before, the crime of assault can include both the act of harming another person or creating a reasonable fear of impending harm. Assault in and of itself is typically charged as a misdemeanor.
The definition and penalties for misdemeanor assault in Arizona can be found under ARS § 13-1203.
ARS 13-1203
According to this statute, a person commits assault by:
- Intentionally, knowingly, or recklessly causing 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 them
How is Simple Assault Charged?
Simple assault charges in Arizona may fall into one of three categories, all of which are misdemeanors. These categories include Class 1, Class 2, and Class 3 misdemeanors and are determined by the severity of the crime:
- Class 3 misdemeanor assault requires the defendant to have touched another person with the intent to injure, insult, or provoke them but does not require the victim to have received any physical injuries
- Class 2 misdemeanor assault requires that the defendant intentionally placed in another individual the reasonable fear of impending physical harm or injury
- Class 1 misdemeanor assaults are the most serious of the three classes and require that the defendant intentionally, recklessly, or knowingly caused physical injury
What Constitutes Aggravated Assault?
The crime of aggravated assault in Arizona is much more complex and is contingent on certain factors that elevate the charge from one of simple assault. The charge of aggravated can result from anything, such as the presence of deadly weapons or the age of the alleged victim.
Whereas a general charge of assault is a misdemeanor, an aggravated assault charge is a felony in Arizona. As you might expect, the penalties for misdemeanor assault vs. aggravated assault in AZ increase significantly when aggravating factors are present.
The definition of felony aggravated assault can be found under ARS § 13-1204. We will provide a summary of what might be considered aggravated assault below:
ARS 13-1204
A person may be charged with aggravated assault if any of the following circumstances are present:
- Serious physical injury
- A deadly weapon or dangerous instrument
- Temporary but substantial disfigurement, loss, or impairment of a bodily organ or a fracture of any body part
- The victim is restrained and unable to resist or otherwise has difficulty resisting
- The perpetrator enters a private residence to commit the assault
- The perpetrator is 18 years of age or older and commits the assault on a minor below the age of 15
- There is an order of protection issued against the perpetrator
- The victim is a police officer, firefighter, paramedic, teacher, healthcare practitioner, or other protected person
- The perpetrator takes or attempts to take control of a police officer’s firearm or weapon
- The perpetrator is imprisoned or detained and commits assault against an officer, guard, or any other law enforcement officer
- The perpetrator uses a simulated deadly weapon
An aggravated assault charge may result in anywhere from a Class 6 to a Class 2 felony in Arizona, depending on the circumstances surrounding the case. Assault with a deadly weapon, for instance, is typically a Class 3 felony, as is assault with any dangerous instrument or assault that causes serious injury.
The penalties for any Arizona felony assault charge can be extremely harsh, so those charged with such a crime must equip themselves with the help of a Phoenix aggravated assault attorney as soon as possible.
What are Other Types of Assault Charges in Arizona?
In Arizona, assault cases encompass a variety of assault-related offenses beyond just misdemeanor and aggravated assault charges. These additional types of assault charges can include domestic violence assault, sexual assault, and resisting arrest, each carrying its own set of legal challenges and penalties.
Sexual Assault
In Arizona, sexual assault charges fall under ARS § 13-1406, which defines the crime as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without their consent. Sexual assault is a serious criminal charge that carries severe penalties, including substantial prison sentences, expensive fines, and mandatory registration as a sex offender.
Domestic Violence Assault
Another type of assault case we see here at Belén Law Firm, PLLC, involves domestic violence-related assault. Domestic violence assault charges in Arizona are detailed under ARS § 13-3601, which defines domestic violence as any assault or violent act committed against a person with whom the perpetrator has a specific relationship, such as a spouse, former spouse, cohabitant, romantic partner, or family member.
Arizona domestic violence charges encompass a range of offenses, including physical assault, threats of harm, and emotional abuse. The penalties for domestic violence assault are also severe and can include jail time, fines, mandatory counseling, and restraining orders.
Resisting Arrest
As we briefly touched on before, the crime of assault may be charged in conjunction with a similar offense occurring from the same incident. This is why, in other states, you often see an “assault and battery case” rather than simply an “assault case.” In Arizona, a charge our Phoenix assault lawyers often see following assault is that of resisting arrest.
It is much easier than you might think to receive criminal charges for resisting arrest. Even if your arrest did not have legal justification by the police, the courts may still find you guilty of this offense. You may think that these charges require you to struggle significantly or commit assault during the arrest; however, simply making your body go limp or stiffening up qualifies as resisting arrest in Arizona.
Under ARS § 13-2508, someone who resists arrest intentionally prevents or attempts to prevent a police officer from performing an arrest by:
- Using or threatening the use of physical force against a police officer
- Creating a significant risk of causing physical harm to an officer
- Demonstrating “passive resistance,” which is a nonviolent physical act or failure to act that interferes with the arrest in some way
When violence occurs or is threatened and is used to resist arrest, it is a Class 6 felony. The use of passive resistance, on the other hand, is a Class 1 misdemeanor.
What are the Penalties for Assault in Arizona?
Violent crimes in Arizona are prosecuted harshly and often carry severe penalties, such as a lengthy jail or prison sentence, probation, large fines, and more. Depending on the severity of the crime and other circumstances, the charge may be broken down into different classes.
Below, our Phoenix assault defense lawyers will break down the presumptive penalties for the different classes of a criminal conviction for assault and aggravated assault, as well as that of resisting arrest:
- Class 3 Misdemeanor: Up to 30 days in jail, 1 year of probation, community service, anger management courses, victim restitution, and up to $500 in fines
- Class 2 Misdemeanor: Up to 4 months in jail, 2 years of probation, community service, anger management courses, victim restitution, and up to $750 in fines
- Class 1 Misdemeanor: Up to 6 months in jail, 3 years of probation, community service, anger management courses, victim restitution, and up to $2,500 in fines
- Class 6 Felony:18 months to 3 years imprisonment
- Class 5 Felony: 2 to 4 years imprisonment
- Class 4 Felony: 4 to 8 years imprisonment
- Class 3 Felony: 5 to 15 years imprisonment
- Class 2 Felony: 7 to 21 years imprisonment
For a more comprehensive view of Arizona’s sentencing guidelines, please look at Arizona’s Felony Sentencing Chart.
What are the Additional Consequences Following an AZ Assault Charge?
In addition to the penalties listed above, individuals convicted of an assault charge in Arizona face several other long-lasting and life-altering consequences. For one, a felony conviction can result in losing certain rights, such as voting, owning firearms, or holding public office. The social stigma and legal ramifications of a criminal record can also create barriers when it comes to finding employment or housing, as many employers and landlords conduct background checks and may be hesitant to accept those who have assault convictions. There is also the possibility that the defendant faces a civil assault charge in addition to their criminal assault charges. In this case, the victim and/or their family may file a lawsuit to seek monetary compensation for their injuries and other damages, adding even more financial strain to the convicted individual. These far-reaching impacts further underscore the importance of seeking experienced legal counsel to help mitigate the potential consequences.Will My Assault Case Have to Go to Trial to Be Resolved?
One of the most common fears for individuals dealing with assault charges is having to go to trial. Having to face a judge and jury can be frightening and overwhelming. However, most assault cases are resolved out of court through negotiations with the prosecution. One of the most significant benefits of hiring an assault attorney is they will act as your legal advocate to help you obtain the best possible outcome. A skilled criminal defense attorney can work with the deputy county attorney to try to have your charges dismissed or reduced. Our Phoenix assault lawyers have a proven track record of negotiating plea deals that allow our clients to avoid time-consuming and expensive trials. When you come to us for legal help, our criminal defense team will thoroughly evaluate the evidence against you to determine weaknesses in the state’s case. Depending on the circumstances, we may be able to find inconsistencies in witness statements or prove the police violated your civil rights. For example, suppose you and your spouse are in the middle of a divorce. Sometimes, an estranged spouse will make false accusations to gain leverage for their civil case. It is also important to note that if the Maricopa County prosecutor is unwilling to negotiate or offer a favorable plea deal, our dedicated Phoenix assault lawyers are prepared to take your case to trial to win a not-guilty verdict.Could I Be Sentenced to Probation for Assault in Arizona?
Arizona law allows alternative sentencing that helps defendants avoid jail time or prison sentences. The court will consider the crime’s severity and the defendant’s prior criminal history. Some of the most common sentencing alternatives include:- Community service: Individuals sentenced to community service are required to work a specific number of hours without pay, typically at charitable organizations
- Probation: Probation is a common sentencing alternative for first-time offenders or those accused of misdemeanor assault. Probation requires participants to check in regularly, avoid further interaction with law enforcement, and comply with any treatment programs ordered by the court
- Diversion programs: Depending on the circumstances of the case, the court may order those accused of assault to complete diversion programs meant to educate them and help prevent similar future behavior
- Treatment programs: If drugs or alcohol played a factor in the case, a judge may order that a defendant complete a treatment program to address substance abuse, mental health, or anger management issues.
Why Do I Need a Phoenix Assault Lawyer?
It is crucial for anyone who may be facing a criminal case for assault to obtain the help of experienced criminal defense representation as soon as possible. The criminal justice system is often highly complex and can be nearly impossible for someone to navigate independently. Qualified Phoenix assault attorneys have the legal knowledge and background necessary to protect you and your rights throughout the court process while working to obtain the most favorable outcome for your case, whether that’s an innocent verdict, mitigated penalties, or even having your charges dismissed or dropped before trial. When you work with the Phoenix criminal attorneys at Belén Law Firm PLLC, we will discuss the details of the alleged assault in detail before getting straight to work on building and strengthening your case. Before they can prove any degree of assault, the prosecution must show that the defendant, beyond a reasonable doubt, intentionally, knowingly, or recklessly (1) caused physical injury to the victim, (2) placed the victim in a position where they had a reasonable fear of imminent physical harm, or (3) touched the victim with the intent to injure, offend, or provoke them. Our job as attorneys is to ensure these facts cannot be proven. If the evidence is stacked against you, we will adjust our strategy to ensure that you avoid the maximum penalty and work to mitigate the consequences of a conviction. For example, we may be able to negotiate mandatory counseling instead of jail time. When you hire a team of experienced Arizona criminal defense lawyers like those at Belén Law Firm PLLC, you can obtain the best resolution possible for your case.What Are Some Defenses to Assault Charges?
Depending on the circumstances of your case, your attorney will use any relevant defenses against your assault accusations. By analyzing the evidence, questioning all witnesses, and disputing the state’s case against you, our team of dedicated Phoenix criminal attorneys at Belén Law Firm, PLLC, will work aggressively to have your case dismissed, obtain an acquittal, and/or mitigate your potential consequences. Possible defenses include, but are not limited to, the following:- Self-defense: If you acted to protect yourself from an imminent threat posed by another person and a reasonable person would have taken similar action in the same situation, you may be able to argue self-defense
- Protection of another individual or personal property: Similarly, if you were protecting a third person from harm or preventing the substantial risk of serious property damage and used only the necessary force required for crime prevention, you may be able to beat your charges
- Lack of evidence: Challenging the evidence provided, questioning anything that doesn’t add up, and/or proving that the prosecution lacks sufficient evidence to formulate a strong case against you
- Lack of intent: Demonstrating that the alleged assault was not intentional but rather an accident or a reckless act without the intent to cause harm
- You were not the main perpetrator: In instances of a group altercation, law enforcement officers might charge anyone present with assault/battery. However, these are fact-centric charges, meaning a good Phoenix assault attorney may be able to prove that you did not commit the offense you have been charged with, despite being present at the time of the incident
- Alibi: If it can be proven that you were not present during the alleged event and were not involved, the evidence against you can be significantly weakened. Other people who can attest that you were with them when the supposed incident occurred may be able to serve as your alibi
Why Should I Turn to an Arizona Assault Charges Lawyer for Help With My Legal Needs?
Arizona criminal law takes assault charges seriously, whether you are facing a simple misdemeanor assault charge or a felony-level aggravated assault case. Even a verbal assault, if it causes another person to fear imminent bodily harm, may constitute a criminal offense under certain circumstances. Domestic assault cases, in particular, often carry enhanced penalties due to the relationship between the parties involved. If the alleged act resulted in serious bodily harm or could constitute reckless endangerment, prosecutors may pursue an aggravated assault based charge, which can lead to a felony charge. On the other hand, a misdemeanor conviction may seem minor on the surface, but it can still impact your criminal record, employment opportunities, and freedom. Understanding how different types of assault crimes are prosecuted is crucial, and our legal team is here to provide the informed, strategic defense you need. It is important to remember that assault and many assault-related crimes are considered violent offenses in Arizona, which means these convictions cannot be expunged after the fact. The negative consequences of a conviction, coupled with the long list of potential penalties and other legal implications, make it imperative that you seek help from an experienced Phoenix assault lawyer to help craft your defense strategy as soon as possible.Contact Our Phoenix Assault Attorneys Today
At Belén Law Firm, PLLC, experienced criminal defense attorney Belén Olmedo Guerra and her dedicated Phoenix criminal attorneys are prepared to take on your case and defend you against your Arizona assault charges. Our Phoenix criminal defense attorneys are also skilled at handling several other legal issues in related practice areas, including domestic violence charges, sexual assault charges, homicide charges, and more. Our Phoenix assault attorneys also offer clients a free initial consultation and 24/7 legal advice, so contact us today to discuss your case and legal options. You can reach us by calling our Phoenix office at 602-715-0908 or completing the online intake form below.Set Up Your Free Consultation
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