Phoenix Assault Lawyer
A Phoenix assault lawyer can help if you are charged with assault and battery. Assault is a serious criminal offense, and you could face prison time if you caused serious physical injury to another person. Even minor physical contact or threatened force can result in criminal charges under Arizona law.
Hire an Expert Phoenix Assault Lawyer
Phoenix criminal defense attorney Howard Dworman is a highly skilled and dedicated advocate who will aggressively defend you against assault charges. He has received the top awards in the legal profession and is rated among the top criminal defense attorneys in Arizona. You do not want to face these serious charges without a top-rated and experienced Phoenix assault lawyer by your side.
What are the Types of Arizona Assault Charges?
Arizona law has several classifications for criminal assault charges. Many times, a person is charged with a felony assault when the actual charge should be a lesser misdemeanor charge. You need an aggressive defense from an experienced assault attorney from the start to minimize limit or dismiss the criminal charges against you.
Under the Arizona Revised Statutes Title 13, Chapter 12, “assault” is any of the following:
- Intentionally, knowingly, or recklessly causing any 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 that person.
Many people incorrectly believe there must be physical contact and physical injury to another person to constitute a criminal assault in Arizona. This is not true. In fact, you can face criminal charges for an assault even if there was no physical contact with another person. Just putting a person in reasonable fear of physical contact can be enough for a prosecutor to charge you with a Phoenix assault.
The legal 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.
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The Difference Between an Assault and Battery
Battery charges require actual physical contact with another person. Arizona law distinguishes between an assault and battery, but these two criminal offenses are often charged at the same time, especially if there is physical force and harmful contact in addition to a verbal threat.
A battery that causes serious physical harm to another person can result in additional consequences, including jail or prison time depending on the extent of the injuries.
If you are facing criminal assault charges or battery charges, you should contact attorney Howard Dworman immediately to discuss your legal options. Howard will provide you with a free consultation to explain your legal rights and discuss how to fight these serious charges. He has helped clients just like you defend their rights in the State of Arizona and has a tremendous track record of success beating these charges.
Examples of Arizona Criminal Assaults
Some real examples of criminal assaults charged by prosecutors include:
- Verbally threatening to kill or harm another person
- Making a physical gesture that implies you will kill or harm someone
- Swinging your fist at someone and failing to make contact
- Throwing an object at someone that misses them
- Pointing a gun or other dangerous weapon at a person
The prosecutor must prove that the person charged with assault intended to perform the act and the victim had reasonable fear or apprehension of imminent harm.
If you are facing criminal charges or battery charges, you should contact attorney Howard Dworman immediately to discuss your legal options. Howard will provide you with a free consultation to explain your legal rights and discuss how to fight these serious charges. He has helped clients just like you defend their rights in the State of Arizona and has a tremendous track record of success beating these charges.
Phoenix Criminal Assaults and Domestic Violence
Many criminal assault charges are related to domestic violence matters. This often results when there is threatened violence or threatened force. The use of actual physical force will almost always result in assault and battery charges.
Tempers and emotions often flare in domestic disputes. Physical threats can be made, and a person may even brandish a weapon or dangerous instrument. Arizona prosecutors aggressively file assault charges for incidents stemming from domestic violence complaints. You could be facing multiple charges for the same incident.
What are the Penalties in Arizona for Simple Assault?
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.
Class 1 Misdemeanor Assault
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.
Class 2 Misdemeanor Assault
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.
Class 3 Misdemeanor Assault
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.
Arizona Penalties For Aggravated Assault
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:
- The victim suffered serious, life-altering injuries from the violence.
- The assailant used a dangerous weapon or instrument.
- The assailant entered the victim’s home to commit the assault.
- The victim was under 15 years of age.
- The assailant knew that the victim was a teacher, doctor, teacher, judicial officer, law enforcer, or firefighter.
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 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. Prosecutors aggressively file Phoenix assault crimes in cases involving an aggravated assault.
Do I Need a Phoenix Assault Lawyer to Defend My Charges?
In an assault case, the state prosecutor has the burden to prove beyond reasonable doubt that you committed the crime. Arizona prosecutors are aggressive, so it is crucial for you to have legal protection immediately.
Consult with a Phoenix criminal 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 devastating impact of an assault conviction.
We will:
- Build the best defense strategies against your assault charge – from insufficient evidence and lack of intent, to courtroom technicalities and affirmative defenses (e.g. self-defense)
- Help you avoid costly mistakes such as contacting the victim, brandishing a weapon, making statements, admitting to things, violating existing orders, and signing away your rights.
- Help you respond to or challenge protective orders, release orders, and injunctions, if any
- Alleviating the impact of the arrest and the potential penalties
- Ensuring that your rights are upheld throughout your case.
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 to protect their legal rights and freedoms. He has successfully argued for and earned dismissals in numerous criminal cases as well as obtained Not Guilty verdicts for clients.
Get the Best Phoenix Assault Lawyer Today
An assault conviction can seriously affect the rest of your life. You may face immediate and severe criminal penalties as well as other consequences that can last for the rest of your life. Dworman Law has defended many individuals like you throughout the Phoenix area, protecting their rights and futures with diligent and determined criminal defense.
While there are many attorneys claiming to be top criminal defense lawyers, Howard Dworman is the go-to Phoenix assault lawyer for anyone charged with this crime. His prior experience in law enforcement and his never back down personality make him the attorney you want in your corner. Call (480) 256-2449 today to personally speak with Howard to find out how he can help you beat your charges!
Arizona Criminal Assault FAQs
What is the lowest charge of assault?
The lowest charge of assault is simple assault, which is most often a misdemeanor offense. Simple assault involves threatening or attempting to use force on someone.
Can you get probation for an assault conviction?
You can often get sentenced to probation only for a simple assault conviction in Arizona. For an aggravated assault conviction, you may face jail time.
Can you sue someone for assault in Arizona?
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.
Can I press charges for assault in Arizona?
You can press criminal charges if you were the victim of an assault. An assault victim not need an attorney and there is no cost to press criminal charges. You should start by contacting the police department in the city you were assaulted.
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Howard Dworman, J.D., Criminal Defense Attorney
Howard Dworman J.D. is an award-winning Phoenix, Arizona criminal defense lawyer. He has been named a Rising Star by Super Lawyers, Top 100 Trial Lawyers, and has a perfect 10.0 AVVO rating. He aggressively defends people charged with DUI, misdemeanors, and felony offenses.
Howard can help you if you were arrested or charged with criminal assault in the cities of Phoenix, Scottsdale, Gilbert, Tempe, Goodyear, Prescott, and Florence and in Maricopa County, Yavapai County, and Pinal County.
Good people make mistakes. At Dworman Law, we work hard to ensure that one bad night does not destroy your future.