Assault is a grave offense in Arizona, and a conviction can result in serious penalties, including prison time, hefty fines, and long-lasting effects on your reputation and future. If you’re facing assault charges, hiring a knowledgeable and experienced Arizona assault attorney is crucial to defend your rights, fight the charges, and work toward minimizing the potential penalties. At Tamou Law Group PLLC, we specialize in assault cases and offer personalized, strategic legal representation for clients across Arizona.

Whether you’ve been charged with simple assault, aggravated assault, or domestic violence-related assault, the consequences can be devastating. Our Arizona assault lawyers focus on defending clients against assault charges in major cities like Phoenix, Tucson, Tempe, and Peoria. Our mission is to secure the best possible outcome for you, whether that means dismissal of charges, negotiating a favorable plea deal, or fighting for an acquittal in court.  Lets take a look at how an Arizona assault lawyer can help you in your case.

Understanding Assault Charges in Arizona

Assault is defined in A.R.S. §13-1203 under Arizona law. According to this statute, a person commits assault if they intentionally, knowingly, or recklessly cause physical injury to another person, threaten to cause physical harm, or engage in physical contact with the intent to harm, provoke, or insult someone else. These charges require a skilled Arizona assault attorney who can break down the complexities of the case and offer an effective defense strategy.

MISDEMEANOR ASSAULT IN ARIZONA – A.R.S. §13-1203

Misdemeanor assault typically involves less serious physical injuries or threats. Misdemeanor assault charges are generally prosecuted in Municipal or Justice Courts and can carry a sentence of up to six months in jail, probation, and fines up to $2,500 plus surcharges. Although this is a lower-level offense compared to felony assault, a conviction can still lead to significant consequences, including a permanent criminal record, difficulty finding employment, and limitations on your rights.  

The consequences of a misdemeanor conviction should not be underestimated. With the help of an experienced Arizona Assault Lawyer, you can defend against these charges and work toward a resolution that minimizes the impact on your life.

FELONY ASSAULT (Aggravated Assault) – A.R.S. §13-1204

Felony assault, often referred to as aggravated assault, is a more serious charge that involves certain aggravating factors. Aggravated assault can be charged as a Class 3 felony in Arizona, and the penalties are much more severe than those for misdemeanor assault. Common situations that lead to aggravated assault charges include:

• • Spouses or former spouses.
  • The use of a deadly weapon or dangerous instrument.
  • Causing serious physical injury to the victim.
  • Assaulting someone who is under the age of 15.
  • Assaulting a law enforcement officer, firefighter, or other public official while they are performing their duties.
  • Entering the victim’s private residence to commit the assault.

DOMESTIC VIOLENCE – A.R.S. §13-3601

Domestic violence in Arizona is a serious offense that involves violence or threats of violence between individuals in specific domestic relationships. Domestic Violence charges can range from misdemeanors to felonies, depending on the severity of the offense and any aggravating factors. Under Arizona law, domestic violence does not refer to a specific crime but rather enhances existing crimes, such as assault, when committed against a person in a domestic relationship. Common domestic relationships include:  

• Spouses or former spouses.
• Individuals living together in the same household.
• Individuals who have a child in common.
• Current or former romantic or sexual partners.
• Family members, including parents, children, or in-laws.

Common situations that lead to domestic violence charges include:

• Physical assault or threats of harm against a partner or family member.
• Harassment, stalking, or intimidation.
• Criminal damage or destruction of property shared with a partner or family member.
• Disorderly conduct, especially when it escalates into physical confrontation.
• Kidnapping or unlawful restraint of a partner or child.

Domestic violence charges can lead to significant consequences, including:

• Mandatory jail time, particularly for repeat offenders.
• Fines, probation, and mandatory domestic violence counseling.
• Orders of protection or restraining orders.
• Loss of child custody or visitation rights.
• Long-term impacts on employment, gun ownership rights, and reputation.

A conviction for aggravated assault can result in years of prison time, probation, and fines. If the defendant has prior felony convictions, the potential prison sentence can increase dramatically. In some cases, the minimum sentence may start at five years, while the maximum sentence can be 15 years or more, depending on the severity of the crime and the defendant’s criminal history. Hiring an aggressive Arizona Assault Attorney is imperative to your defense.

The Importance of Location in Assault Charges

One of the unique aspects of assault cases in Arizona is that each city handles these charges differently. Whether you case is being prosecuted in Phoenix, Tucson, Tempe, or Peoria, the approach taken by the prosecutor can vary. In some instances, the city prosecutor may choose to handle the case directly, while in others, they may refer the charges to the County Attorney’s Office for felony prosecution. 

Understanding these differences and how each jurisdiction handles assault cases is vital to building a strong defense. A skilled Arizona Assault Lawyer will have knowledge of local procedures, relationships with prosecutors, and a deep understanding of how best to navigate the legal landscape in your city. This familiarity can make a significant difference in the outcome of your case.

In all cases, the prosecution’s goal is to secure a conviction, so it’s essential to have a defense attorney who knows how to challenge the evidence, negotiate with prosecutors, and present a compelling defense.  An Arizona assault lawyer that works statewide knowing each city and their respective courts is what you’re going to be looking for.

Defenses to Assault Charges in Arizona

• Self-Defense or Defense of Others your favor.
• Lack of Intent
• False Accusations or Mistaken Identity
• Constitutional Violations

Sentencing Guidelines for Assault in Arizona

The potential penalties for an assault conviction in Arizona depend on several factors, including the severity of the charges, the presence of aggravating factors, and the defendant’s prior criminal history. Here is a breakdown of the sentencing guidelines for misdemeanor and felony assault charges:

1. First-Time Offenders
   • Misdemeanor Assault:
     1. The minimum sentence may involve no jail time.
     2. The presumptive sentence could result in up to six months in jail.
     3. The maximum sentence is six months in jail and a fine of up to $2,500, plus surcharges.
   • Felony Assault (Aggravated Assault):
     1. For first-time offenders, the minimum sentence may involve no jail time.
     2. The presumptive sentence is 2.5 years in prison.
     3. The maximum sentence is 3.75 years in prison.
2. Offenders with One Prior Conviction
   • Misdemeanor Assault:
     1. The minimum sentence remains no jail time.
     2. The presumptive sentence increases to up to one year in jail.
     3. The maximum sentence is one year in jail and a fine of up to $2,500, plus surcharges.
   • Felony Assault (Aggravated Assault):
     1. For individuals with one prior conviction, the minimum sentence is 2 years in prison.
     2. The presumptive sentence is 5 years in prison.
     3. The maximum sentence is 7.5 years in prison.
3. Offenders with Two or More Prior Convictions
   • Misdemeanor Assault:
     1. The minimum sentence remains no jail time.
     2. The presumptive sentence is one year in jail.
     3. The maximum sentence is one year, with fines up to $2,500, plus surcharges.
   • Felony Assault (Aggravated Assault):
     1. For individuals with two or more prior convictions, the minimum sentence increases to 6 years in prison.
     2. The presumptive sentence is 8.75 years in prison.
     3. The maximum sentence is 15 years in prison.

How an Arizona Assault Lawyer Can Help

Assault charges can have life-altering consequences, but with the right legal representation, you can protect your rights and fight for a favorable outcome. At Tamou Law Group PLLC, our team of experienced Arizona Assault Lawyers is dedicated to defending clients against assault charges across the state. We take a personalized approach to each case, carefully analyzing the evidence, identifying weaknesses in the prosecution’s case, and exploring all possible defenses.

Our defense strategy typically includes the following steps:

• Thorough Investigation: We conduct a comprehensive review of the facts surrounding your case, including interviewing witnesses, reviewing police reports, and gathering any available evidence.
• Challenging the Evidence: We scrutinize the prosecution’s evidence, looking for inconsistencies, constitutional violations, and other factors that may weaken their case.
• Exploring Defense Options: We work to identify and develop defenses, such as self-defense, lack of intent, false accusations, or constitutional violations.
• Negotiating with Prosecutors: In some cases, we may be able to negotiate a favorable plea deal with the prosecution, reducing the charges or minimizing the potential penalties you face.
• Building a Strong Case for Trial: If your case goes to trial, we will build a compelling defense strategy designed to challenge the prosecution’s evidence and present your side of the story.

Contact an Arizona Assault Lawyer Today

If you’re facing assault charges in Arizona, the legal team at Tamou Law Group PLLC is here to help. Our experienced Arizona Assault Lawyers have successfully defended clients against all types of assault charges, from simple misdemeanors to serious felonies, and we are committed to achieving the best possible outcome for your case.

With extensive experience in Arizona’s criminal courts, we understand the complexities of assault cases and know how to navigate the legal system to your advantage. We represent clients across the state, including Phoenix, Tucson, Tempe, and Peoria, and we are ready to fight for you.

Don’t wait to get the legal help you need. Contact us today at (623) 321-4699 to schedule a free case evaluation and learn more about how we can assist with your assault charges.