Assault and battery occurs when one party acts in a threatening manner that puts another person in fear of immediate harm, or when one party attempts or succeeds in causing physical harm. Assault refers to the attempt or threat of injury while battery is the actual act of making physical contact with another person in a harmful way.
If you have been arrested for assault and battery in Arizona, you may be concerned about your future. A conviction of assault and battery can result in hefty fines, probation, possible jail time, and other penalties that can greatly interfere with day-to-day life. As assault and battery law can be complex, you’ll want to reach out to a seasoned Peoria assault and battery defense lawyer to represent your best interests.
Assault and Battery Laws in Peoria
Under Arizona Revised Statutes, assault and battery offenses can range from misdemeanor to felony crimes based on the unique circumstances of the case. A misdemeanor assault charge can occur if you physically injure another person, touch another person with the intent to provoke, insult, or injure, or intentionally place another person in “reasonable apprehension of imminent physical injury.”
Aggravated assault is considered a felony charge. There are a number of aggravating factors that an assault offense includes, such as an assault that results in a serious physical injury.
In addition, a person may be charged with a felony if the assault causes temporary but substantial fractures or disfigurement, if the victim is captive or restrained if the assault was done using a deadly weapon, if the perpetrator is an adult and the victim is 15 years old or younger, if the assault was committed after entering someone’s private home, or if the victim is a police officer, prosecutor, prison guard, medical professional, firefighter, or teacher.
Assault and Battery Penalties in Peoria
Punishment for an assault and battery offense can range based on the severity of the crime. Class 1 assault is the most serious form of misdemeanor that requires proof of the reckless and intentional act of causing physical harm to another person. A Class 1 assault equates to a Class 1 misdemeanor which carries a penalty of fines of up to $2,500 and a maximum sentence of six months in jail.
Class 2 Assault Charge
To be charged with a Class 2 assault charge, there must be proof that you intentionally placed an individual in “reasonable apprehension of imminent physical injury.” A Class 2 assault results in a Class 2 misdemeanor which carries a penalty of up to $750 in fines and a maximum sentence of four months in jail.
Class 3 Assault Charge
If you are charged with a Class 3 assault, know that this is the least serious offense. To be convicted, there needs to be proof beyond a reasonable doubt that you physically touched another person with the intent to insult, injure, or provoke. However, no physical injury is required to be charged. A Class 3 assault results in a Class 2 misdemeanor which carries a penalty of up to $500 in fines and a maximum of 30 days in jail.
If you are charged with aggravated assault, you could be charged with a Class 2 to Class 5 felony based on the unique circumstances of the case. If an aggravated assault is classified as a “dangerous offense,” the alleged offender could face mandatory jail time. A first offense can result in up to 15 years in prison.
Defenses for Assault and Battery in Peoria
Defending an assault and battery charge can be extremely complex, especially if there is proof that you committed the crime. However, there are certain defenses that can be used depending on the unique circumstances of the case.
If you believe that you were defending yourself or another person, were wrongly accused, or that the charges against you are inaccurate, you may have a case. When you hire a JacksonWhite Law Peoria assault and battery defense lawyer, we will build the strongest case possible to help reduce your penalties or possibly have them dismissed.
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.