If you have a longstanding history of assaults, then you might have to do some jail time. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. However, the Arizona legislature has since rectified the situation by passing A.R.S. Ann. Don' t know what misdemeanor assault is in the state of Arizona? Misdemeanor Criminal Damage in Arizona. Aggravated assault comes with harsher penalties than simple assault in Arizona. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. A lawyer can explain what to expect as your case progresses, advise you of your rights, and and help you to understand your options. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. Fax: (602) 428-7050, 12725 W. Indian School Rd, Suite E-101 Avondale, AZ 85392 These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. The penalties for each class of misdemeanor are based on A.R.S. The last classification of assault in Arizona is by knowingly touching another person, either with the intent to injure and assault or provoke such a person. The bigger concern is whether the charge will have a domestic violence designation. Get the information and legal answers you are seeking by calling (602) 833-5280 today. Arizona’s assault laws even include using fighting words or verbal threats. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of misdemeanor that Arizona has. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. In these circumstances, usually the alleged victim actually began the altercation, and — as is common when alcohol is involved — the individual attempted to hit the defendant but lost his balance and hurt himself. (1) Intentionally, knowingly or recklessly causing any physical injury to another person; or. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. Misdemeanor assault charges will either be heard in Municipal Court or Justice Court, depending on where the … We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. Felonies in Arizona are punishable by a year or more in state prison. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. B. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. Most misdemeanor Assaults are charged as a class one (1) misdemeanor, however, sometimes they are charged at the lower levels of class two (2) and three (3) misdemeanors if the defendant is found to not have intentionally committed the assault or didn’t cause any physical injury. This statute states that "a person commits assault by". In Arizona, an assault conviction can carry meaningful consequences, despite its classification as a misdemeanor. 36-year-old Michael … Because of this broad definition, you don’t even need to be accused of fighting to be charged with assault; scaring someone into thinking you will hit them is enough. In early August, Michael Flaminio, … In Arizona, the definition of assault can be found in A.R.S. Felony charges are more severe than misdemeanors, but that does not mean anyone … Even though these are all burglary charges, the main difference between the three is dependent on the circumstances and details of the crime you are accused of committing. In Arizona, misdemeanor crimes do not carry a prison sentence. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. It’s stressful dealing with the procedure and potential consequences. DM Cantor has the experience to help you fight assault charges and clear your name. The goals of Arizona misdemeanor diversion programs. Stat. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. There are about 11 different aggravating factors, with four of them as the most common. Neglecting the scope of implications could lead to life-changing consequences. In Arizona misdemeanor offenses are jury eligible for two reasons. If you are charged with a DUI, disorderly conduct, assault, theft, shoplifting or domestic violence, we can tailor a defense that gives you the best chance for a the best outcome. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. Moreover, you don’t even have to cause any sort of physical injury to have an assault charge leveled against you: just by placing someone in reasonable apprehension or fear that they’re in imminent danger of physical injury can be classified as an assault, which is considered a Class 2 misdemeanor as well. Misdemeanor Assault convictions may carry up to one year in jail, but not in prison. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. §13-1203 or Domestic Violence Assault A.R.S. A simple example of this is poking a sibling, who says, “Quit poking me.” You’re not injuring them; you are just trying to provoke them. Any time there is a weapon or dangerous instrument involved, that’s another aggravating factor. Do I need even need a criminal speeding attorney? A class one misdemeanor carries heavier penalties, with a jail sentence of up to six months, probation, and a fine of $2,500 plus an 84 percent surcharge. For Family Law questions please go to Cantor Law Group. If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. Another common aggravated assault is on a police officer. These are the most common aggravated assaults we see; along with the next aggravating circumstance. And a Class 3 Misdemeanor … If a person is convicted of assault that person is often facing a jail sentence. Even though these are all burglary charges, the main difference between the three is dependent on the circumstances and details of the crime you are accused of committing. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. Because of this … Class two misdemeanors are punished less severely, but the sentences have teeth; a class two misdemeanor conviction is punishable by probation with up to four months in jail, along with a fine of $750 with 84 percent in surcharges attached. As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. The aggravating factor is just simply that a police officer was involved. Whether it be DUI, criminal traffic, domestic violence, drugs, theft, or any misdemeanor, it’s normal to be stressed and overwhelmed by Arizona’s criminal process.. For many, a misdemeanor is their first encounter with criminal justice. More than 10 000 people died in car accidents where alcohol was involved. This offense sometimes referred to as “simple assault” charges. How to Write a Letter to a Judge for Sentencing. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … Based on this Arizona statute, the least severe form of misdemeanor that may result in jail time is a Class 3 misdemeanor. A conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … Misdemeanor Assault. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. Phone: (602) 833-4548 Generally speaking, you are probably looking at a fine and some probation time. Ref: Arizona ARS 13-1203 Felonies in Arizona are punishable by a year or more in state prison. 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