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Phoenix Assault Defense Lawyer

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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 actually inflicting harm or serious physical injury to another person. This 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 difficult 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, it is critical that you obtain the help of an experienced Phoenix criminal defense attorney like those at Belén Law Firm 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 are facing 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. Call (602) 715-0908 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 there are aggravating factors 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 actually 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 the criminal code of Arizona. What is generally considered battery in other states, Arizona refers to simply as assault.

Misdemeanor Assault Charges 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.

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.

Aggravated Assault Charges in Arizona

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. This might include anything from the presence of deadly weapons to 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’ll 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 in order 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, 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 it’s important that those charged with such a crime equip themselves with the help of a Phoenix aggravated assault attorney as soon as possible.

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

Sexual assault charges in Arizona are governed by 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. This 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 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 actually 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 force or threatened force is used to resist arrest, it is a Class 6 felony charge. 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, as well as 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, take a look at Arizona’s Felony Sentencing Chart.

Additional Consequences Following an AZ Assault Charge

In addition to the penalties listed above, individuals convicted of an assault charge in Arizona face a number of other long-lasting and life-altering consequences. For one, a felony conviction can result in the loss of certain rights, such as the right to vote, own firearms, or hold 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 in order 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.

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 extremely complex and can be nearly impossible for someone to navigate on their own. 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, we will discuss the details of the alleged assault in detail before getting straight to work on building and strengthening your case. To 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 make sure these facts cannot be proven. If the evidence is stacked against you, we will adjust our strategy to make sure 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, you have the best chance of obtaining 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 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 that 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 deal out assault/battery charges to anyone present at the time of the incident. 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 its occurrence.
Alibi: If it can be proven that you were not present during the alleged event and that you were not involved, the evidence against you can be significantly weakened. Other people who can attest to the fact that you were with them when the supposed incident occurred may be able to serve as your alibi.

Free Consultation With Arizona Assault Charges Lawyer

It is important to remember that assault and a number of assault-related crimes are considered violent offenses in Arizona, which means these convictions cannot be expunged after the fact. This, coupled with the long list of potential penalties and consequences, makes it imperative that you seek help from an experienced Phoenix assault lawyer to help craft your defense strategy as soon as possible.

At Belén Law Firm, Belén Olmedo Guerra and her dedicated team of Phoenix criminal attorneys are prepared to take on your case and defend you against your Arizona assault charges. We are also skilled at handling a number of other legal issues in related practice areas, including domestic violence charges, sexual assault charges, homicide charges, and more.

We also offer clients a free initial consultation and 24/7 legal advice, so contact us today to discuss your case and your legal options moving forward. You can reach us by calling our Phoenix office at (602) 715-0908 or by completing the online intake form below.

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