Arizona assault laws include physical violence and a range of other offenses. This broad coverage is coupled with aggressive prosecution and harsh penalties for those convicted of the crime. The support of a Phoenix assault lawyer is critical to potentially mitigate these penalties or prevent them from affecting your future.
If you have been accused of, or charged with, assault in Arizona, protect your rights by having an experienced defense attorney on your side. In Phoenix and surrounding cities, Arizonans trust criminal defense lawyer Howard Dworman, who has successfully argued for and earned dismissals in numerous criminal cases as well as obtained Not Guilty verdicts for clients.
See how we can fight the assault charges against you. Call Dworman Law, today at (480) 256-2449.
A felony conviction can seriously affect the rest of your life. You face immediate and severe criminal penalties as well as collateral consequences that can last for the rest of your life. Dworman Law has supported many individuals throughout the Phoenix metro area, protecting their rights and futures with diligent and determined criminal defense. Howard Dworman has prior experience in law enforcement, giving him unique insight into how law enforcement and the prosecution operate.
Our firm understands how convictions can harm your ability to provide for yourself and your family. We can work tirelessly to mitigate the charges you face and determine which defenses are possible to avoid a conviction. We can help you through the criminal justice system, using our years of trial experience to pursue the ideal outcome for your case.
We commonly think of physical injury when talking about assault, but under this legal definition, injury is not actually necessary in order for someone to be charged with assault.
Under the Arizona Revised Statutes Title 13, Chapter 12, “assault” is any of the following:
Note that the definition includes “placing another person in reasonable apprehension of injury,” as well as “touching another person with the intent to provoke.” This means that mere threats of violence could lead to an assault charge.
With this broad definition, assault in Arizona can range from simple assault (misdemeanor) to aggravated assault (felony). The punishments vary accordingly, but they typically include jail time, fines, probation, and counseling.
Simple assault refers to inflicting or threatening violence on a person, without aggravating factors like weapons or serious injuries. Common examples are fistfights, offensive touching or shoving, threatening language, and verbal altercations.
Talk to us at Dworman Law by calling 480-256-2449. We serve
clients in Phoenix and all throughout Arizona.
Simple assault is often a misdemeanor, with penalties varying according to the level of severity:
This simple assault involves a discernible injury on the victim. Being convicted of this crime may result in up to six months in jail, $2,500 in fines, and 36 months of probation.
In this higher category, the victim still does not have to be injured but must have felt “reasonable apprehension of imminent injury.” Conviction of this type of assault can lead to a maximum of four months in jail, $750 in fines, and/or 24 months of probation.
Touching with the intent to injure or provoke is categorized as a Class 3 Misdemeanor, the lowest level of misdemeanor in Arizona. It is punishable with up to 30 days in jail, $500 in fines, and/or 12 months of probation.
Remember that even a low-level misdemeanor conviction can still have a far-reaching impact on one’s life. The conviction will go into permanent record, damaging one’s prospects in employment, purchasing a house, social relationships, and more. An assault conviction also affects one’s standing in a Family Law case such as divorce or child custody.
Aggravated assault, also known as battery, is an act of violence against a person, with an aggravating circumstance involved. Some of these aggravating circumstances are:
Aggravated assault is a felony in Arizona, with the class depending on the circumstances around the offense. It is often charged as a Class 3 Felony, punishable with a minimum of 5 and a maximum of 15 years in prison. Charges are sometimes elevated to a Class 2 Felony, especially if the victim was under 15 years old or an officer of the law. Class 2 Felony Assault may be sentenced with a minimum of 7 and a maximum of 21 years in prison.
On top of that, a felony conviction in Arizona can also result in up to $150,000 in fines, plus restitution (payment to the victim), mandatory probation, community service, and lost civil rights such as the right to vote and to bear arms.
In an assault case, the state prosecutor has the burden to prove beyond reasonable doubt that you committed the crime. Arizona prosecutors are aggressive, that’s why it is crucial for you to have legal protection immediately.
Consult with a defense attorney as soon as you learn of any assault allegation against you – even if you believe you never harmed anyone.
Our legal service covers every aspect of your case to help you prevent the ruinous impact of an assault conviction.
We will:
Yes, you can sue someone for assault in Arizona. If you have been criminally charged with an assault offense, you are likely to also face a civil suit by the injured individual. You do not have to be criminally convicted or even charged to face a civil suit, however. While the consequences on your life and future are much more significant in criminal court, civil suits can also result in high financial losses. However, criminal consequences can also include restitution paid to the victim.
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