If you have been charged with a misdemeanor assault in Arizona, even though it is less severe than a felony assault charge, the penalties with a conviction can have serious implications on your freedom and your financial future. Under Arizona law, assault is a violent crime and it is defined as the intentional use of violence or force against someone else.
If you have been arrested and charged with assault, contact us today to schedule your free case review.
A.R.S 13-1203 is the statute defining the criteria for assault in Arizona.
It is clear that assault is based on intention, and that intentionally hitting, touching or provoking another person with the intent to harm will result in an assault charge, but if it is determined that it was an accident, then it is not assault. However, just because the incident was accidental does not mean that the person who hurt the other individual is not liable for their actions.
The following are the definitions of legal terms that are used to determine the type of assault that was committed and the penalties associated with them:
Intentionally: It was done deliberately, it was the purpose of their actions.
Knowingly: Knowingly refers to the awareness or belief that the assault will happen, however the person is not the one committing the assault.
Recklessly: A person may not have intentionally done something, however, if their actions were such that they acted recklessly and they are to hit or injure someone it is still a form of assault.
Physical Injury: Physical injury is any impairment or change to a person’s physical condition; this can be cuts, scrapes, bruises, broken bones etc.
Apprehension of Physical Injury: Physical contact does not have to happen for an assault to occur. For instance, if someone raises their fists and is trying to provoke someone else into fighting, or are simply trying to scare someone, their actions are considered to be an “apprehension of physical injury”.
In Arizona, assault without weapons is a misdemeanor. Each of the differing forms of assault carry their own class of misdemeanors with the most serious being a class 1 and the least serious being a level 3.
Here are the penalties for the different levels of assault:
Physically Touching Someone (Class 1 Misdemeanor):
Reasonable Apprehension of Physical Injury (Class 2 Misdemeanor):
Touching With the Intent to Injure (Class 3 Misdemeanor) :
If you have been charged with a misdemeanor assault, the penalties are serious and you will need the help of a veteran criminal defense attorney to ensure the best case result. Our team has had success using following defenses (when applicable) to obtain the best case results:
Lack of Intent (Accident): For an action to be considered an assault, there needs to be intent or reckless behavior and this means that if the action was a true accident it is not assault.
Self Defense: Self-dense is a viable legal defense in Arizona as you have the right to protect yourself from an aggressor or someone who is threatening you.
Lying: Whether it is custody disputes, revenge or even obtaining a monetary payout, people will lie about being assaulted for their own personal and financial benefit. Due to this, the court will need to prove an assault occurred and that it was not a he-said, she-said scenari
If you have been arrested for a misdemeanor assault in Arizona, a conviction carries harsh penalties. Our team has years of experience defending clients against misdemeanor and felony charges. If you have been charged with a misdemeanor assault, us today to schedule your free case review and to start your legal defense.