Assault Charges are Prominent in Arizona
Assault charges seem to be freely given in Arizona – almost as freely as disorderly conduct. In some instances assault is overcharged and/or wrongly charged.
What is the Law on Assault Charges?
Arizona law defines assault as intentionally, knowingly or recklessly causing physical injury to another person. There are other definitions within the statute such as placing a person in reasonable apprehension of imminent physical injury or knowingly touching with intent to injure, insult or provoke.
Reckless Assault in Arizona
A reckless assault would require that the person charged with assault was aware of and ignored a substantial and unjustifiable risk that his conduct would lead to the other person’s injury. This is not simple civil negligence or even gross negligence – this requires a mental state beyond “oops” and even beyond “oops that was pretty stupid.” It requires that the person know of a pretty serious and obvious risk of injury and do it anyway. In my mind the person has to know that their conduct is going to lead to the other person’s injury and knowing that, they do it anyway.