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Assault is a serious crime in Arizona, and the consequences of a conviction can be severe. If you are facing assault charges, it is important to have an experienced attorney on your side to defend your rights and minimize the potential consequences of a conviction.
Assault Charges In Arizona
Assault Statutes In Arizona
Arizona Assault Statute (A.R.S. §13-1203)
The Arizona assault statute is ARS 13-1203. This statute outlines the definition of assault and the elements required for a conviction, including the threat of physical harm or actual physical harm to a person. It also includes provisions for aggravated assault, which involves the use of a deadly weapon or the intention to cause serious physical injury.
Misdemeanor Vs. Felony Assault
Misdemeanor assault is typically charged in Municipal or Justice Courts, while aggravated assault can be charged as a Class 3 felony in Arizona. Aggravated assault involves the use of a deadly weapon or the intention to cause serious physical injury. The elements that can make an offense aggravated include causing serious physical injury, using a deadly weapon, restraining the victim, victim is 15 years old or younger, defendant entered a private residence, or victim is a police officer, firefighter, etc.
Sentencing Guidelines for Assault in Arizona (Misdemeanor & Felony)
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The sentencing guidelines for assault charges in Arizona are dependent on several factors, including whether it is a first-time offense or if there are any historical offenses. The following is a breakdown of the sentencing guidelines for misdemeanor and felony assault charges based on the number of historical offenses:
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
First-Time Offenders
- Misdemeanor Assault: Minimum of no jail time, presumptive sentence of up to six months in jail, maximum of six months in jail and a fine up to $2,500.00 plus surcharges.
- Felony Assault: Minimum of no jail time, presumptive sentence of 2.5 years in prison, maximum of 3.75 years in prison.
Offenders With 1 Historical Prior
Misdemeanor Assault: Minimum of no jail time, presumptive sentence of up to one year in jail, maximum of one year in jail and a fine up to $2,500.00 plus surcharges.
Felony Assault: Minimum of 2 years in prison, presumptive sentence of 5 years in prison, maximum of 7.5 years in prison.
Offenders With 2+ Historical Priors
Misdemeanor Assault: Minimum of no jail time, presumptive sentence of up to one year in jail, maximum of one year in jail and a fine up to $2,500.00 plus surcharges.
Felony Assault: Minimum of 6 years in prison, presumptive sentence of 8.75 years in prison, maximum of 15 years in prison.
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
Defending Against Assault Charges
Defending against assault charges can be complex, and there are several defenses that an experienced criminal defense attorney can utilize to protect your rights and minimize the potential consequences of a conviction. The following are some common defenses that may be available in assault cases:
- Self-Defense: If the accused acted in self-defense or defense of another person, it may be possible to argue that the use of force was justified under the circumstances.
- Lack of Intent: Assault charges require the intent to cause harm or threaten to cause harm to another person. If the accused did not intend to cause harm, it may be possible to argue that there was no assault.
- False Accusations: In some cases, assault charges may be the result of false accusations, mistaken identity, or other factors that call the validity of the charges into question.
- Constitutional Violations: Law enforcement officers are required to follow specific procedures when conducting an arrest, including the Miranda warnings and search and seizure protocols. If there are violations of these procedures, it may be possible to challenge the admissibility of evidence and weaken the prosecution’s case.
- Plea Bargaining: In some cases, it may be possible to negotiate a plea bargain with the prosecution to reduce the charges or minimize the potential consequences of a conviction.
An experienced criminal defense attorney can assess the facts of your case and determine the best course of action to defend against charges. They can work to build a strong defense strategy that protects your rights, minimizes the potential consequences of a conviction, and helps you move forward with your life.
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
If you are facing assault charges in Arizona, the legal team at Tamou Law Group PLLC is here to help. Our experienced criminal defense attorneys have a deep understanding of the state’s assault statutes, sentencing guidelines, and defenses. We will work tirelessly to defend your rights and protect your interests throughout the legal process.
Don’t wait to get the help you need. Contact us today at (623) 321-4699 to schedule a free case evaluation and learn more about how we can help you with your assault charges.
