Assault
Assault Attorney In Phoenix, AZ
Assault – Arizona Criminal Defense Attorney
Assault Charges in Arizona
Definition of Assault
Assault in Arizona is defined as intentionally, knowingly, or recklessly causing physical injury to another person, making someone reasonably fear imminent physical injury, or touching someone with the intent to injure, insult, or provoke. Understanding these definitions is crucial for anyone facing assault charges in Arizona.
What Counts as Assault in Arizona?
A.R.S. § 13-1203 defines assault as the following:
- Class 1 misdemeanor: Intentionally, knowingly, or recklessly causing another person physical injury.
- Class 2 misdemeanor: Intentionally placing someone else in reasonable apprehension of imminent physical injury.
- Class 3 misdemeanor: Knowingly touching a person with the intent to provoke, insult, or injure the person.
- Causing serious physical injury to another person.
- Using a deadly weapon, dangerous instrument, or simulated deadly weapon.
- Committing assault in a way that causes temporary but serious disfigurement, impairment, or fracture of any body part.
- Committing assault while the victim is physically restrained.
- After entering the victim’s home with the intent to commit assault.
- Violating a protective order.
- Knowing that the victim is a peace officer, constable, firefighter, paramedic, teacher, healthcare practitioner, prosecutor, enforcement officer, park ranger, public defender, or judicial officer.
- While the defendant is in prison and commits assault against an official employee.
- Someone over the age of 18 assaulting someone 14 years old or younger.
- Intentionally impeding the breathing or blood flow by applying pressure to the throat or neck, or by obstructing the nose or mouth.
Aggravated assault may be Class 2, 3, 4, 5, or 6 felonies depending on the circumstances. Penalties for committing assault in Arizona can range from 30 days in jail and fines of up to $500 to up to 15 years in prison. Conviction of two simple assault charges within two years will lead to more severe penalties. Intimidation, endangerment, threats, or assaults against public safety officers may come with additional charges and consequences.
Different Types of Assault Charges in Phoenix
In Phoenix, assault charges can vary based on the severity of the offense and the circumstances surrounding the incident. Common types of assault charges include:
Simple Assault: This involves either recklessly, knowingly, or intentionally causing minor physical injury, intentionally causing reasonable apprehension of injury without a weapon, or knowingly touching with intent to injure, insult, or provoke.
Aggravated Assault: This is a more serious charge that includes causing serious physical injury, using a deadly weapon, or assaulting certain protected individuals such as police officers or healthcare workers.
Domestic Violence Assault: Assault against a family or household member, in-laws, former romantic partners, or people who share a child, which carries additional legal consequences.
Legal Consequences of Assault Charges
Potential Penalties and Sentencing
The penalties for assault charges in Arizona depend on the type and severity of the assault. Potential penalties include:
- Simple Assault: Can result in misdemeanor charges, punishable by up to six months in jail and fines.
- Aggravated Assault: Classified as a felony, with potential sentences ranging from probation to several years in prison, depending on the degree of the charge.
- Domestic Violence Assault: May include mandatory counseling, restraining orders, and enhanced penalties.
Long-Term Impacts of a Conviction
A conviction for assault in Arizona can have long-term impacts beyond immediate penalties. These can include:
- Criminal Record: A conviction will appear on your criminal record, affecting future employment opportunities and housing options.
- Loss of Civil Rights: Felony convictions can result in the loss of certain civil rights, such as the right to vote or own firearms.
- Social and Personal Consequences: The stigma of a criminal conviction can strain personal relationships and impact your social standing.
Defending Against Assault Charges
Common Defense Strategies
Several defense strategies can be employed to fight assault charges in Arizona:
- Self-Defense: Arguing that the accused acted to protect themselves from imminent harm.
- Lack of Intent: Demonstrating that the accused did not intend to cause harm or fear.
- Mistaken Identity: Proving that the accused was not the person who committed the assault.
- Defense of Property: This could apply if defending property.
Importance of Evidence and Witness Testimonies
Evidence and witness testimony play a crucial role in defending against assault charges. This includes:
- Physical Evidence: Medical reports (if any), photographs of injuries, and surveillance footage.
- Witness Testimony: Statements from eyewitnesses who can corroborate the defendant’s version of events.
- Expert Testimony: Professional opinions that can challenge the prosecution’s evidence or provide alternative explanations for the incident.
How Litwak Law Group Can Assist
At Litwak Law Group, we understand the complexities and seriousness of assault charges in Arizona. Our experienced legal team is dedicated to providing comprehensive legal support, including:
- Case Evaluation: Thoroughly reviewing the details of your case to identify the best defense strategies.
- Legal Representation: Aggressively representing your interests in court to ensure a fair trial.
- Negotiation: Working to negotiate reduced charges or alternative sentencing options when appropriate.
- Support and Guidance: Offering continuous support and guidance throughout the legal process to help you understand your rights and options.
Assault charges in Arizona are serious and carry significant legal consequences. Understanding the definitions, potential penalties, and defense strategies is crucial for anyone facing such charges. If you or a loved one is dealing with assault charges, seeking the assistance of a skilled legal team like Litwak Law Group can make a substantial difference in the outcome of your case.