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Scottsdale Violent Crimes Lawyer | Assault to Homicide

Scottsdale Violent Crimes Lawyer | Assault to Homicide

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Charged with a violent crime in Scottsdale? Under A.R.S. 13-1204 and related statutes, cases range from misdemeanor assault in City Court to dangerous felonies in Superior Court — many starting as Old Town altercations. Here is how they work.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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The Range of Scottsdale Violent Charges

A Scottsdale violent crimes lawyer defends the full range of Arizona charges — from misdemeanor assault under A.R.S. 13-1203 to aggravated assault (13-1204), armed robbery, kidnapping, and homicide. Misdemeanors are prosecuted in Scottsdale City Court; felonies and any “dangerous offense” allegation go to Maricopa County Superior Court.

Tamou Law Group PLLC defends people accused of violent crimes across Scottsdale, from a single punch thrown outside a bar to the most serious felony allegations. Many of our clients are otherwise law-abiding people whose night in Old Town Scottsdale ended in an assault or disorderly-conduct arrest after a crowded-bar confrontation got out of hand, and a large share of those cases involve self-defense that the responding officers never saw. A Scottsdale violent crimes lawyer understands that the line between victim and defendant is too often decided by who called 911 first. A simple misdemeanor assault is prosecuted in Scottsdale City Court, while aggravated assault, armed robbery, and homicide are charged as felonies in Maricopa County Superior Court, where a “dangerous offense” allegation can trigger mandatory prison. This page is a practice overview of how those charges work and what each one exposes you to; each offense also has its own dedicated guide linked below.

“Violent crime” is not one offense but a ladder of them, and where you land on that ladder controls everything — the court, the penalties, and whether prison is mandatory. At the bottom is misdemeanor assault (A.R.S. 13-1203): causing physical injury, threatening to injure, or touching someone to provoke or insult. One step up, an assault becomes felony aggravated assault (A.R.S. 13-1204) the moment there is serious physical injury, a deadly weapon or dangerous instrument, a restrained victim, or a protected victim such as a police officer — and depending on the conduct it ranges from a class 6 to a class 2 felony.

Above assault sit the offenses that put liberty itself at stake: kidnapping (A.R.S. 13-1304), armed robbery (A.R.S. 13-1904), and the homicide statutes — manslaughter (A.R.S. 13-1103), second-degree murder (A.R.S. 13-1104), and first-degree murder (A.R.S. 13-1105), which can carry natural life or the death penalty. Around the edges are the weapon-and-threat offenses that so often ride along with a fight: disorderly conduct with a weapon (A.R.S. 13-2904) and threatening or intimidating (A.R.S. 13-1202). We defend the full spectrum — for a deeper look at any single charge, see our statewide guides to aggravated assault in Arizona, armed robbery in Arizona, and our Arizona violent crimes overview.

Each Charge, Its Statute, and Where It Is Filed

The table below maps the core Scottsdale violent-crime charges to their statute, their offense level, and the court that hears them. Only two of these — simple assault and basic disorderly conduct — are misdemeanors that stay in Scottsdale City Court; the rest are felonies filed by the Maricopa County Attorney in Superior Court.

Scottsdale Violent-Crime Charges at a Glance

Primary statutes verified at azleg.gov (A.R.S. Title 13)

AssaultA.R.S. 13-1203
Level:Misdemeanor (class 1–3)
Court:Scottsdale City Court
Aggravated AssaultA.R.S. 13-1204
Level:Felony (class 2–6)
Court:Maricopa County Superior Court
Disorderly Conduct With a WeaponA.R.S. 13-2904
Level:Class 6 felony with a weapon
Court:Superior Court (misdemeanor version in City Court)
Threatening or IntimidatingA.R.S. 13-1202
Level:Misdemeanor or felony
Court:City Court or Superior Court by conduct
Armed RobberyA.R.S. 13-1904
Level:Class 2 felony
Court:Maricopa County Superior Court
KidnappingA.R.S. 13-1304
Level:Class 2–4 felony
Court:Maricopa County Superior Court
ManslaughterA.R.S. 13-1103
Level:Class 2 felony
Court:Maricopa County Superior Court
First-Degree MurderA.R.S. 13-1105
Level:Class 1 felony
Court:Superior Court (life or death penalty exposure)
Offense levels are set by the statutes above and shift with the specific facts — injury, weapon, victim status, and any dangerousness allegation. This chart is a general overview, not a penalty quote. Confirm your exact charge and exposure with counsel.

How Many Scottsdale Cases Start in Old Town

A striking share of Scottsdale violent-crime charges are born in the same few blocks. Old Town Scottsdale’s bar and nightclub district generates a high volume of assault, disorderly conduct, and aggravated assault arrests, especially on weekend nights when crowds, alcohol, and close quarters collide. A shove becomes a punch, a punch becomes a “serious physical injury” allegation, and a bottle or glass in someone’s hand becomes a “dangerous instrument” that turns a misdemeanor into a felony.

Whether you are charged — and with what — often turns on the injuries, the security and cell-phone video, and the witness accounts officers happen to collect first. The person who called police first is not automatically the victim. We regularly show that our client was the one defending himself, that the “victim” was the initial aggressor, or that a chaotic scene led police to arrest the wrong person entirely. Because Old Town bars and parking garages often record over their footage within days, the evidence that clears you can vanish before anyone thinks to preserve it — which is why the first days matter so much.

Self-Defense and Justification Under 13-404 and 13-405

Self-defense is the defining issue in Scottsdale violent-crime cases, and Arizona law is genuinely favorable on it. Under A.R.S. 13-404 you may use physical force when you reasonably believe it is immediately necessary to protect yourself against another person’s use or attempted use of unlawful force. Under A.R.S. 13-405, deadly physical force is justified when you reasonably believe it is immediately necessary to defend against another’s use or attempted use of deadly physical force.

Here is the part that changes cases: once justification is properly raised, the burden does not fall on you to prove it. The prosecutor must disprove self-defense beyond a reasonable doubt. That is why so many Old Town bar-fight cases end in a dismissal or acquittal when the defense is documented early — injuries photographed, witnesses identified, and video preserved before it is gone. Justification can also extend to the defense of a third person and, in some settings, the defense of premises. The threshold question in nearly every one of our cases is whether the force used was a reasonable response to an unlawful threat.

⚠️ Warning: Even a truthful “he swung first” explanation can be reframed as an admission that you struck the other person — satisfying the assault elements before your justification defense is ever on the record. Invoke your right to remain silent, ask for a lawyer, and let your attorney present the self-defense evidence at the right time.

Dangerous Offenses and Mandatory Prison Under 13-704

The single most important allegation in a felony violent case is often not the charge itself but whether it is alleged as a “dangerous offense.” Under A.R.S. 13-704, an offense is dangerous when it involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. When that allegation attaches and is proven, the statute requires a mandatory prison sentence even for a first offense — probation is off the table.

The numbers are severe. A first-time dangerous class 3 felony, the level of a typical dangerous aggravated assault, carries a sentencing range of roughly 5 to 15 years, with a presumptive term of 7.5 years. A dangerous class 2 felony such as armed robbery reaches even higher. Because a single glass, bottle, knife, or firearm can convert an ordinary altercation into a dangerous offense, defeating or removing the dangerousness allegation is frequently the most valuable work in the entire case — the difference between probation and years in prison.

Key takeaway: Two facts control the stakes in a Scottsdale violent case: whether justification applies under 13-404/405, and whether a deadly weapon or serious injury makes it a “dangerous offense” under 13-704. Win the first and the charge can disappear; defeat the second and mandatory prison becomes probation-eligible.

City Court vs. Superior Court: Where Your Case Is Heard

Where your case is filed tells you how serious the State considers it. A misdemeanor assault or a basic disorderly conduct arising from a Scottsdale incident is prosecuted in Scottsdale City Court, where the maximum exposure is county jail time, fines, and probation rather than prison. Felony violent charges — aggravated assault, armed robbery, kidnapping, manslaughter, and homicide — are filed by the Maricopa County Attorney and heard in Maricopa County Superior Court in downtown Phoenix, where prison is on the table and a dangerousness allegation can make it mandatory.

The split matters for more than geography. The two systems have different judges, different prosecutors, different plea practices, and very different consequences. A felony conviction costs you your firearm and voting rights; a misdemeanor generally does not. That is why one of the most important early goals in a serious case is keeping a charge in — or pulling it down to — the misdemeanor track. By attacking the “serious physical injury” or “deadly weapon” element, challenging identification, and presenting justification evidence, felony violent charges are regularly reduced to misdemeanors or resolved through diversion. For the broader picture of how a Scottsdale case moves through the system, see our guide to the Scottsdale criminal defense process.

What to Do in the First 72 Hours

What you do in the days after a violent-crime arrest can decide the case. Four steps matter most:

Preserve the evidence that proves self-defense

If you defended yourself, the proof that clears you disappears fast. Old Town Scottsdale bars, nightclubs, and parking garages record over their security video within days, so note every camera that may have captured the confrontation. Photograph your own injuries, and write down the names and numbers of anyone who saw the other person start it. In a self-defense case, this early record is often what separates a dismissal from a felony conviction.

Say nothing to police about the fight

After an altercation, the instinct is to tell officers “he swung first.” Do not. Even a truthful self-defense account can be reframed as an admission that you struck the other person, satisfying the assault elements before your justification defense is ever documented. Invoke your right to remain silent, ask for a lawyer, and say nothing else — on the scene, in the patrol car, or in a holding cell.

Know what happens at booking and first appearance

A Scottsdale violent-crime arrest usually means booking into the Scottsdale City Jail and, for a felony, transfer to a Maricopa County facility for an initial appearance within 24 hours, where a judge sets release conditions and any bond. Learn exactly what happens after a Scottsdale arrest so nothing catches you off guard.

Do not contact the other person

Reaching out to the alleged victim to “work it out” can be charged as witness tampering or violate a release condition, turning one case into two. Let your attorney handle every communication. In a domestic-violence-related assault, a no-contact order may even bar you from your own home until the case is resolved.

Our Defense Team

The Experts We Bring to Violent-Crime Cases

A violent-crime case is a facts-and-forensics case: what the injuries really were, whether a weapon was truly involved, who was the aggressor, and whether the identification holds. We retain the specialists who test each of those questions.

Medical & Injury Experts

Serious Physical Injury?

Independently examine whether the injuries meet the statutory definition of “serious physical injury” that turns a misdemeanor assault into a felony aggravated assault — often the line between City Court and Superior Court.

Use-of-Force & Self-Defense Analysts

Was It Justified?

Reconstruct the altercation to show the force used was a reasonable response to an unlawful threat under A.R.S. 13-404 and 13-405 — the evidence that forces the State to disprove justification beyond a reasonable doubt.

Video & Scene Reconstruction

Who Started It?

Recover and synchronize Old Town security footage, cell-phone video, and body-cam to establish positions, timing, and the first aggressor before the recordings are overwritten.

Eyewitness Identification Experts

Misidentified in the Chaos

Challenge the reliability of rapid, stressful eyewitness observations in a crowded, poorly lit bar scene — a leading cause of the wrong person being charged in a group altercation.

Digital Forensics Examiners

Threats & Messages

Analyze phone extractions, group chats, and social posts the State calls threats or intimidation under A.R.S. 13-1202 — challenging authorship, context, and whether a true threat was ever made.

Mitigation Specialists

Removing the Dangerousness

Build the character, treatment, and context record that persuades prosecutors to drop a “dangerous offense” allegation under A.R.S. 13-704 — the difference between mandatory prison and a probation-eligible plea.

How Tamou Law Group Defends Scottsdale Violent-Crime Cases

These cases are won on the facts, and the work starts immediately. In the first days we get the police reports, put the State and every nearby business on notice to preserve security video before it is recorded over, photograph injuries, and pin down witnesses while memories are fresh. We look hard at the pressure points that decide the outcome: whether justification applies under 13-404 and 13-405, whether the injuries really amount to “serious physical injury,” whether a genuine deadly weapon or dangerous instrument was involved, and whether a chaotic scene led to a mistaken identification.

From there we build toward the outcome that changes everything — establishing self-defense, defeating the “serious injury” or “deadly weapon” element, removing a dangerousness allegation, or pulling a felony down to a misdemeanor in City Court. Our case results include aggravated assault and armed robbery charges that were dismissed, and felony violent charges reduced to misdemeanors. Our team includes former prosecutors, law enforcement officers, and public defenders who have handled violent cases from every side. Call 623-321-4699 for a confidential consultation, or start with the charge you are facing: Scottsdale assault, aggravated assault, threatening and intimidating, armed robbery, or disorderly conduct.

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Common Questions

Frequently Asked Questions

Is self-defense a legal defense to assault in Arizona?

Yes. Under A.R.S. 13-404 and 13-405 you may use physical force, and even deadly force, when you reasonably believe it is immediately necessary to protect yourself against another person’s use or attempted use of unlawful force. Once justification is raised, the prosecutor must disprove it beyond a reasonable doubt, which is why so many Old Town bar-fight cases end in dismissal when the defense is documented early.

What is the difference between simple assault and aggravated assault?

Simple assault (A.R.S. 13-1203) is usually a misdemeanor: causing physical injury, threatening to injure, or touching someone to provoke or insult. It becomes aggravated assault (A.R.S. 13-1204), a felony, when there is serious physical injury, a deadly weapon or dangerous instrument, a restrained victim, or a protected victim such as a police officer. The felony version carries far harsher penalties and is filed in Superior Court.

Which court will my Scottsdale violent-crime case be in?

It depends on the charge. A misdemeanor assault or disorderly conduct arising from a Scottsdale incident is prosecuted in Scottsdale City Court. Felony violent charges — aggravated assault, armed robbery, kidnapping, manslaughter, and homicide — are filed by the Maricopa County Attorney and heard in Maricopa County Superior Court in downtown Phoenix.

What does a “dangerous offense” allegation mean for sentencing?

If the State alleges your offense was a “dangerous offense” — involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or serious physical injury — A.R.S. 13-704 requires a mandatory prison sentence even for a first offense, with no probation. A first dangerous class 3 aggravated assault carries roughly 5 to 15 years. Removing the dangerousness allegation is often the most important goal in the case.

I got in a fight outside a bar in Old Town. Am I going to be charged?

Possibly. Old Town Scottsdale’s bar and nightclub district generates a high volume of assault, disorderly conduct, and aggravated assault arrests, especially on weekend nights. Whether you are charged, and with what, often turns on the injuries, security and cell-phone video, and witness accounts. The person who called police first is not automatically the victim, and we regularly show that our client was the one defending himself.

Can an aggravated assault or felony charge be reduced to a misdemeanor?

Yes, it happens regularly. By attacking the “serious physical injury” or “deadly weapon” element, challenging identification, and presenting justification evidence, felony violent charges are often reduced to misdemeanors or resolved through diversion. Our case results include aggravated assault and armed robbery charges that were dismissed or knocked down to a misdemeanor. No outcome is ever guaranteed.

What are the penalties for a violent crime conviction in Arizona?

They range widely. A misdemeanor assault can mean up to six months in jail, while a class 3 dangerous aggravated assault can mean years in prison with no probation. Homicide offenses — first-degree murder (A.R.S. 13-1105), second-degree murder (A.R.S. 13-1104), and manslaughter (A.R.S. 13-1103) — carry the most severe exposure, up to natural life or the death penalty for first-degree murder. A felony conviction also costs you your firearm and voting rights.

Should I talk to police and explain that it was self-defense?

No. Tell the officers clearly that you are invoking your right to remain silent and want a lawyer, then stop. Explaining “your side” at the scene almost always hurts you, because admitting you struck the other person can satisfy the assault elements before your justification defense is ever on the record. Let your attorney present the self-defense evidence in the right forum, at the right time.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.