Assault and battery are crimes paired together: the crime of threatening a person paired with the act of making physical contact with them. Arizona prosecutes both crimes very seriously. Both crimes involve threatening harm or actually causing harm to another person. What’s the difference between assault and battery? The laws surrounding assault and battery in Arizona can be complicated. So, it is important to hire an experienced defense attorney for your legal defense.<\/p>\n
Courts generally consider assault less serious than battery. Arizona considers the three classes of assault misdemeanors, while battery (also known as aggravated assault in Arizona<\/a>) is a felony.<\/p>\n In Arizona, you don\u2019t actually need to physically harm someone to be guilty of assault. Some states even refer to assault as an \u201cattempted battery\u201d; therefore, assault criminalizes the threat of harm itself, rather than requiring that any actual harm occur. This charge falls under Arizona’s violent crimes charges<\/a>.<\/p>\n On the other hand, battery (or aggravated assault) requires the accused to actually cause real harm to the victim. In many ways, battery is the completion of assault.<\/p>\n Therefore, assault is defined as an attempt or threat to injure another person, while battery occurs when there is actually harmful or offense contact with another person.<\/p>\n Because assault is the threat of harm and battery is the act of harming another person, these two crimes are often charged together.<\/p>\n Typically we see assault and battery charged together. However, in the eyes of the law, these hold different weights, as Arizona considers the two to be different crimes.<\/p>\n Arizona divides assault charges into three categories, all of which are misdemeanors. A conviction for misdemeanor assault requires the prosecution prove beyond a reasonable doubt that the defendant:<\/p>\n It is not necessary for the prosecution to prove that the defendant did all of these things. Being able to prove only one of these three things is enough to convict the defendant of assault.<\/p>\n For example, if you are in a bar and begin arguing with another patron and threaten to hit them while advancing with a raised fist, that would likely qualify as assault under Arizona assault laws, whether or not you actually hit them. In some instances, simply shoving someone during a heated moment provides grounds for assault, even though shoving them may not actually injure them.<\/p>\n The law is very slippery and malleable in this area, which is why it\u2019s important to hire an experienced attorney who has argued violent crimes in front of a judge before.<\/p>\n All forms of simple assault in Arizona<\/a> are considered misdemeanors and do not have very heavy penalties. But, if you have been charged with assault in the last two years, you will be sentenced for the next highest class of offense. So, if you are convicted of Class 3 Assault but were convicted on the same charges 18 months before, you are now sentenced for a Class 2 Assault.<\/p>\n The state of Arizona differentiates the classes of assault by the severity of the incident. The categories for simple misdemeanor assault in Arizona are as follows: The main difference between assault and battery is the seriousness of the punishment. Arizona recognizes the term “battery” as being synonymous with aggravated assault. It carries the charges of Class 2 to Class 5 felonies<\/a>. If you are convicted of aggravated assault as a dangerous offense, you will go to prison, even if it is your first offense. There are many different kinds of aggravated assault, and many of them are very serious. Assault with a Deadly Weapon, for instance, is a class 3 felony<\/a>, as is Assault with a Dangerous Instrument, and Assault that causes physical injury. Arizona penalties for felonies<\/a> are much harsher than those for misdemeanors.<\/p>\n Less severe forms of aggravated assault or battery exist. However, if the state finds you guilty of a more serious charge, even with no prior legal trouble, Arizona imposes a mandatory minimum prison sentence of 5 years, with no chance of parole.<\/p>\n Charges increase to aggravated assault when the defendant commits an assault in the following manner:<\/p>\n The state of Arizona typically charges assault and battery together. This happens because the two normally appear together, in cases.\u00a0 Rarely is there an assault without a battery to follow. There are plenty of possible legal defenses for these crimes, including: Belen Olmedo Guerra<\/a> is an experienced defense attorney who has argued many felony cases at court and has extensive knowledge of violent crimes. If you or someone you know has been charged with assault and battery, contact the Belen Law Firm<\/a> at 602-715-0908<\/a>, or fill out a short form for a\u00a0free and confidential consultation.<\/p>\nArizona Assault and Battery Laws<\/h2>\n
Assault Charges in Phoenix<\/h3>\n
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Arizona Assault Classes<\/h3>\n
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Battery (Aggravated Assault) in Arizona<\/h3>\n
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Legal Defenses for Assault and Battery<\/h2>\n
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Contact Belen Olmedo Guerra if You’ve Been Charged for Assault or Battery in Phoenix<\/h2>\n