Simple assault, A.R.S. § 13-1203, in Arizona is a Class 1, Class 2, or Class 3 misdemeanor depending on which subsection of A.R.S. § 13-1203 applies. Possibly even including restitution to the victim. A simple assault on Law Enforcement, a Minor, Medical Personnel performing their job or a detention officer performing their job, turns this into a felony, simply because of their enumerated status.
Assault under A.R.S. § 13-1203 includes intentionally, knowingly, or recklessly causing physical injury to another person. It also includes intentionally placing another person in reasonable apprehension of imminent physical injury, as well as knowingly touching another person with the intent to injure, insult, or provoke.
When an assault offense is designated as Domestic Violence (DV), the consequences can be severe. A conviction for a qualifying domestic violence offense may result in the loss of your firearm rights under both Arizona and federal law. While Arizona law may allow certain convictions to be sealed, record sealing does not restore firearm rights under federal law. Given the serious and lasting consequences of a domestic violence conviction, experienced legal representation is essential to protect your rights and your future.
Aggravated assault is a felony in Arizona and may mandate prison time, if labeled a Dangerous Offense. A dangerous offense is defined under ARS Sec. 13-105 as an offense involving a discharge, use, or threatening exhibition of a deadly weapon, or dangerous instrument, or the intentional, or knowing infliction of serious physical injury on another person. This could involve a vehicle accident, where your automobile is considered a dangerous instrument. This could also be a situation involving a fist fight, and one of the parties sustained a serious physical injury.
This is a serious offense. If convicted of any Dangerous Offense, YOU GO TO PRISON!
We at Chuck Franklin Law represent adults, college students, and minors/juveniles charged with aggravated assault in Arizona. My experience with dangerous crimes defense means that I understand that you may be facing severe penalties. After investigating the case and examining the evidence, I will discuss your options with you. If you believe a plea agreement is best, I will pursue one. However, if your best interests are served by taking the case to trial, I will do so.
You can be charged with aggravated assault for numerous reasons. A few of the most common reasons include:
Causing serious physical injury or temporary disfigurement
Using a deadly weapon or dangerous instrument, including motor vehicles
Committing assault after entering the private home of another person with intent to assault
An adult assaulting a minor under age 15
Assaulting a law enforcement officer, prosecutor, firefighter, teacher or health care worker when doing their job
Committing assault in violation of an order of protection
Choking another person
In some cases, self-defense is a valid defense to an assault charge. In others, errors in police procedure, including a violation of your Miranda rights, may allow us to argue for the suppression of evidence. When possible, I seek to reduce or dismiss charges. If that is not possible, I will work hard to minimize the penalties or proceed to trial.
I also represent people charged with crimes involving simple assault, bar fights, street fights, domestic violence, aggravated domestic violence, and aggravated assault with a motor vehicle.
Our team of aggravated assault lawyers have been practicing criminal defense law locally in the Phoenix Area since 1987. Fighting aggravated assault and other violent crime charges requires an experienced team of criminal defense lawyers. Don’t leave your charges in inexperienced hands; choose the experienced team who have been defending the rights of Arizona’s citizens for over 30 years.