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Posted on November 15, 2024 in assault & violent crimes
Arizona law has multiple statutes that make violent behavior punishable as a crime. Here, we will cover how Arizona’s revised statutes make assaulting another person illegal, the remedies available to victims of criminal assault, and the defenses you may have if you are charged with criminal assault in the state.
If you have been charged with assault in Arizona, the law firm of AZ Defenders can represent you in negotiations with a prosecuting attorney and at trial. Call us at (480) 456-6400 today to arrange a free consultation with one of our Arizona criminal defense attorneys.
Arizona law defines assault under ARS 13-1203 as the following:
“13-1203. Assault; classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such a person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.”
Under “common law,” or legal actions courts created before relevant criminal statutes became law, assault was a separate offense from “battery.” However, unlike a battery, an assault did not involve making contact with another person.
A legacy of this older common law system is the phrase “assault and battery.” Today, however, Arizona law does not refer to battery as a separate offense. Instead, it considered battery as one of three classes of misdemeanor assault or simple assault:
| Type of Common Law Crime | How ARS 13-1203 Defines It Today |
| Assault: Putting another person in reasonable apprehension of violent physical contact | Intentionally putting someone else in reasonable apprehension of imminent physical injury (Class 2 misdemeanor assault) |
| Battery: Making violent or offensive physical contact with another person | Causing physical injury to another person, knowingly, intentionally, or recklessly (Class 1 misdemeanor assault) OR Knowingly touching someone else with the intent to insult, provoke, or intending it to cause injury (Class 3 misdemeanor assault) |
If you are convicted of criminal assault in Arizona, you can be found guilty of a Class 1, Class 2, or Class 3 misdemeanor. Here are some of the possible jail time, fines, and other consequences you can experience from each class for a first-time conviction:
| Penalty | Class 1 Misdemeanor | Class 2 Misdemeanor | Class 3 Misdemeanor |
| Jail time | Up to six months | Up to four months | Up to 30 days |
| Fines and surcharges | Up to $2,500 with a surcharge of $2,075 | Up to $750 with a surcharge of $622 | Up to $500 with a surcharge of $415 |
| Probation | Up to three years | Up to two years | Up to one year |
Additional punishments for misdemeanors can include probation, community service, victim restitution, and having to attend anger management, and/or drug/alcohol treatment, and/or domestic violence counseling.
If you are charged with misdemeanor assault for the first time, it may be possible to negotiate with the county or city prosecutor to allow you to engage in a diversion program in lieu of ordinary charging and sentencing.
Diversion works by having the prosecution drop the assault charge in return for completing a diversion program.
Diversion program examples:
The prosecutor decides whether to enroll a defendant in a diversion program. Having a skilled AZ Defenders criminal defense attorney represent you can improve your chances of negotiating a diversion plea offer instead of facing an assault charge.
A criminal conviction for assault requires the government to prove beyond a reasonable doubt each and every element of the offense.
For misdemeanor assault, the government must charge you within one year from the date of the alleged offense of assault. This one year is suspended, or “tolls,” during any period when you are on a warrant for failure to appear or incarcerated.
Misdemeanor assault is one of multiple crimes in Arizona that can involve actual or threatened violence toward another. Arizona also has other laws that can apply to situations that include offensive contact, violence, or the threat of either.
In Arizona, threatening or intimidating is similar to misdemeanor assault. One form of this crime involves using words or actions to threaten physical harm or damage to another person’s property.
Unlike misdemeanor assault, it includes causing or threatening ‘serious public inconvenience’ and using intimidation to encourage involvement in a criminal gang, syndicate, or racketeering enterprise.
Threatening or intimidating carries a criminal penalty of a Class 1 misdemeanor or a Class 6 felony, and in some cases can be a Class 3 felony.
If an assault under ARS 13-1203 occurs, Arizona’s domestic violence statute is triggered when:
A misdemeanor assault under ARS 13-1203 can become more severe if it involves what Arizona law defines as “aggravating” circumstances.
Some of these situations include, but are not limited to:
An aggravated assault charge conviction can be charged anywhere from a Class 6 to a Class 2 felony.
Sexual assault is a specific form of assault that is a category of aggravated assault. Because of its particularly egregious nature, sexual assault is a separate Class 2 felony from aggravated assault. It also has its own sentencing guidelines built into the governing statute, Arizona Revised Statutes Section 13-406.
Under Arizona Revised Statutes Section 13-1201, a person commits endangerment by recklessly placing another at substantial risk of imminent death or physical injury.
In general, the offender will know of the risks but disregard them. This is a criminal charge with a broad definition in Arizona, meaning under certain circumstances, the following behaviors could constitute reckless endangerment.
To bring a reckless endangerment charge, the prosecutors must prove that you intended to commit the reckless act and that you knew of the risks of committing the act. They do not have to prove that you intended to cause the victim’s specific harm. The recklessness itself could be enough to bring this criminal charge in Arizona.
The penalties for reckless endangerment can vary according to the allegations and circumstances involved in the charge. A Class 6 felony, for example, can result in a maximum two-year prison sentence. Endangerment that involves a substantial risk of imminent death is a Class 6 felony. Otherwise, it is a Class 1 misdemeanor which carries a maximum confinement of six-months in jail.
If you’re facing criminal charges, it’s crucial to protect your rights with help from an experienced assault lawyer at AZ Defenders. One of our attorneys can start defending you immediately, guiding you on what to do and say to minimize potential penalties for an alleged assault.
Your lawyer can assess your situation, search for possible defenses, and create a suitable strategy for your unique case. Several defenses can be raised against charges of assault, including:
Consult with an AZ Defenders assault lawyer to discuss your possible defenses and the potential outcomes of your specific case. Each case and defendant is unique.
Having an experienced Phoenix assault lawyer by your side can make all the difference in the outcome of your criminal assault case. If you are facing assault charges or an assault-related crime in Phoenix, call the Phoenix assault attorneys at AZ Defenders as soon as possible to schedule a free consultation. We are available 24/7 to take your call at (480) 456-6400.