Assault is a common offense in the Phoenix area that can have some hefty penalties. We have successfully represented clients with assault charges ranging from a simple assault to aggravated assault with a weapon. Although there are much harsher penalties for aggravated assault, any assault charge can potentially have you put into jail. At JacksonWhite our team of Phoenix assault attorneys are committed to helping each client obtain the optimal outcome for their assault charges.
To speak with a criminal defense attorney about your specific assault case, contact us today at (480) 467-4370.
Assault Charges in Phoenix
Assault is classified into four main categories in order to gauge the severity of the crime and determine the penalties involved for the assault.
Charges for assault depend on the severity of the crime and carry differing penalties. The lowest class of assault is a class 3 misdemeanor, which generally involves a fine, probation, a class, and/or jail time. The highest class for an assault is a class 2 felony, which is very serious and will very likely involve prison time. With the penalties ranging so widely, it is important to have an attorney on your side that understands the laws governing assaults and can best help you in fighting these charges. With this much on the line it is important to know that you can trust your criminal defense attorney to fight for your freedom.
Misdemeanor Assault Charges
Misdemeanor assault charges are governed by Arizona A.R.S. 13-1203, as defined below.
- – A.R.S. 13-1203(A)(1) Causing any physical injury to another individual intentionally, knowingly or recklessly constitutes a Class 1 misdemeanor which is punishable by a maximum of six months in county jail and a $2,500 fine.
- A.R.S. 13-1203(A)(2) Intentionally causing another person to experience reasonable apprehension of imminent physical injury is a Class 2 misdemeanor that can result in a term of incarceration of up to four months and a $750 fine.
- A.R.S. 13-1203(A)(3) Knowingly touching another individual with the intent to injure or insult the other person is a Class 3 misdemeanor that can carry a sentence of thirty days in jail and a $500 fine.
Some other penalties that may be implemented for an assault charge include:
- Anger Management Classes
- Monetary Restitution
- Fees and Costs
As with many criminal charges, the severity ranges from misdemeanor to felony, with sub-classifications in each group. A misdemeanor assault covers assault that:
- Causes apprehension of physical harm
- Causes physical injury
- Involves touching someone with the intent to injure, provoke, or intimidate
Felony Assault Charges
Felony assault charges are governed by Arizona A.R.S. 13-1204. This states that an assault can be charged as a felony if an individual engages in any of the activities described in A.R.S. 13-1203 (shown above) and any of the following apply additionally:
- Use of a deadly weapon or dangerous instrument
- Serious physical injury
- Temporary, substantial impairment, fracture, disfigurement, or loss of body organ
- Victim was restrained or forcibly unable to resist
- Committed after entering another person’s home
- Defendant is over 18 and the victim is under 15
Felony assault charges should not be taken lightly. Felony charges carry with them penalties that can affect the rest of your life, with repercussions including:
- Public Felony Record – can disqualify you from future employment opportunities
- Inability to obtain certain professional licenses
- Negative impacts to immigration status
- Potential loss of ability to own a firearm
Felony assault also involves assaults that go beyond a simple affront, but cause serious damage or are committed against vulnerable/protected classes of individuals.
- Causes serious physical injury (fractured/broken bone, lesions, cuts, scarring, burns, etc.)
- Involves the use of a weapon
- Assault on a child
- Assault on a law enforcement officer
With so much on the line in a felony assault case, it is critical to work with a talented criminal defense attorney.
Threatening and Intimidating
Something as simple as threatening your son’s soccer coach can land you with an assault charge. The guidelines for threatening and intimidating charges are pretty vague, but can err on either side. What some people may construe as threatening may not be what you intended, so be careful with your words and tone. If you find yourself in a situation where you face assault charges for threatening or intimidating someone, call our criminal defense team at JacksonWhite to help.
Endangering an individual can result in assault charges. This can include aggressive driving maneuvers that endanger other drivers around you, or walking around with a weapon. Any action that can put those around you in danger or injury or death can warrant an assault charge. At JacksonWhite we can help with endangerment assault charges, call us today at (480) 467-4370.
Common Types of Assault Charges
Assault can range from vocal to physical assault and has many varying forms of each. A simple argument at a bar or a kid’s soccer game can escalate and result in jail time. The attorneys at JacksonWhite can assist with all types of assault.
The following are common types of assault charges in the Phoenix area:
- Domestic Violence
- Child Abuse
- Sexual Assault
- Assault and Battery
- Aggravated Assault with a Deadly Weapon
Defending Against an Assault
Assault can happen anywhere and to anyone depending on the circumstances. Understanding your rights is important to ensure that you are not punished for more than you are guilty of committing. Having a good defense will be crucial to your success in your assault case. Many people try to defend themselves with assault charges, assuming that simply saying that they did not commit the assault will be sufficient for their defense, this is not the case. When it is one person’s word against another’s, it is difficult to prove exactly what happened. An experienced criminal assault attorney will know the ins-and-outs of the laws governing assault cases and can help to steer you in the right direction.
If you find yourself facing assault charges, remember that an experienced criminal defense attorney can help you every step of the way. At JacksonWhite, our criminal defense team has successfully represented many assault cases and can help you create the best defense possible. To schedule a case evaluation, please call us at ((480) 467-4370 today.