Understanding Assault Charges in Arizona

27 Sep Understanding Assault Charges in Arizona

In Arizona, an assault can be either a misdemeanor or a felony. It all depends on the circumstances of the case. The charges will vary according to factors like the severity of the assault, whether there was a weapon involved, the age of the victim, or even their occupation. We explain the differences between misdemeanor and felony assault in Arizona, and how the charges affect sentencing. 

How Is Assault Defined in Arizona?

Arizona penal code 13-1203 defines a misdemeanor assault in three ways: 

1. Knowingly or recklessly causing physical injury to another person
2. Intentionally placing another person in reasonable apprehension of physical injury 
3. Making physical contact with the intent to injure, insult, or provoke another person 

 

Under certain circumstances, the assault becomes a felony. The defendant can be charged with aggravated assault when:

• The injury to another person was serious, causing temporary or permanent  disfigurement, loss or impairment of bodily organs, a fracture or break to a body part, or impeding the victim’s access to air.
• The aggravator uses a deadly or dangerous weapon.
• The assault is committed while the victim is restrained or otherwise impaired.
• The assailant entered the victim’s private residence. 
• The victim is under 18 and the assailant is over 18.
• The victim has an order of restraint against the perpetrator.
• The assault is knowingly committed against a police officer, law enforcement officer, emergency personnel (firefighter or EMT), teacher or other employee on school grounds, healthcare personnel, or the prosecutor of a criminal case. 

Domestic Violence and Assault Charges

If the assault victim is directly related to the victim or in a personal relationship with them, it becomes a case of domestic violence. This assault classification changes the minimum sentencing requirements.

In Arizona, domestic violence is used as a classifier, rather than being a specific charge. Like aggravated assault, the penalties for physical domestic violence are more severe. In domestic violence cases, judges lean toward the maximum sentences. 

Felony Assault vs. Misdemeanor Assault in Arizona

Assault charges in Arizona can be either misdemeanors or felonies, depending on the circumstances. The charges depend on the severity of the assault, the number of convictions the defendant already has under their belt, and on their relationship to the victim. Each case is different and the specifics can dramatically affect the sentencing. 

For example, the punishment for a misdemeanor assault is usually probation, while a felony conviction means mandatory time in prison. Besides a prison sentence, felony convictions also come with fines, fees, restitution, and the loss of certain civil rights.

Misdemeanor Assault 

• Causing injury to another person is a class 1 misdemeanor. Maximum sentences can be up to three years of probation or six months in jail, and up to $2,500 in fines. 
• Threatening another person with immediate physical harm is a class 2 misdemeanor. Sentences carry up to two years of probation or four months in jail, and up to $750 in fines.
• Touching another with intent to harm, insult, or provoke is a class 3 misdemeanor. Sentences include up to one year of probation or 30 days in jail, and up to $500 in fines.

Felony (Aggravated) Assault 

• Causing serious physical injury, committing assault with a deadly weapon, or taking a law enforcement officer’s weapon is a class 3 felony. Sentences can range up to twelve and a half years in prison. 
• When the assault causes temporary but significant damage to another person, or the assailant restricted their ability to breathe, it is a class 4 felony. The maximum sentence is three years and nine months in prison.
• If the victim was physically restrained during the assault, the assailant entered the private residence of the victim, or the victim was a healthcare provider, emergency personnel, or a teacher on duty, the assault is a class 6 felony. The maximum sentence is two years in prison.

The More Convictions, the Greater the Consequences

An assault conviction can negatively impact future arrests and custody hearings. If the defendant has multiple convictions for the same offense, it can also increase the minimum amount of jail time and fines, and in some instances jail time may be mandatory. 

For example, if a defendant is being charged with their third misdemeanor assault, the fines rise to a maximum of $150,000 and the possible amount of jail time extends to one year. 

If You Have Been Charged with Assault in Arizona, You Need a Strong Defense Attorney 

Being charged with assault in Arizona can have serious consequences, especially if you don’t have the right lawyer. Court-appointed defenders are often overworked, and may not have your best interests in mind. To secure the best outcome, you need a lawyer who will take the time to build a strong defense and get your charges reduced or dropped. 

Todd Coolidge is a Certified Defense Attorney with over 25 years of experience in the Arizona justice system. Not only does the Coolidge firm have an impeccable reputation, we also believe that every case deserves the utmost respect and care. If you are facing assault charges in Arizona, contact us today for a consultation.

 

 

 

Images used under creative commons license – commercial use (9/26/24). Photo by Evgeniy Smersh on Unsplash.