We offer free case evaluations and affordable payment plans. When it comes to crime, there are generally different levels of charges you hear about. Simple assault is a Class 1 misdemeanor if done intentionally and an injury results. Based on this Arizona statute, the least severe form of misdemeanor that may result in jail time is a Class 3 misdemeanor. Understanding Arizona Misdemeanor Classes. When your freedom and reputation is on the line, getting the best defense possible is crucial. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. Although not as serious as a felony criminal damage charge, being accused of, or charged with, one or more counts of misdemeanor criminal damage can significantly impact your personal and professional life in a number of negative ways. When someone goes up and punches someone, that is an intentional assault, and that would be a Class 1 misdemeanor, which is the highest misdemeanor. Many charges associated with driving under the influence are considered misdemeanors. Hire an Assault Attorney in Phoenix That Can Help. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. And a Class 3 Misdemeanor … § 13-1204 (A) If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. Will Nevada extridite me to - Answered by a verified Criminal Lawyer These are the most common aggravated assaults we see; along with the next aggravating circumstance. Generally speaking, you are probably looking at a fine and some probation time. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. 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 … In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. The goals of Arizona misdemeanor diversion programs. A conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … At times an imprisonment may be served at another place under the custody of the state department of corrections. Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. Just because the State of Arizona charges a person with DV assault does not mean that the person will be convicted of domestic violence assault. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. With respect to these and other situations involving assault charges, eyewitness testimony is a key factor. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. You can also be charged by touching them indirectly through the use of an object, like pouring a beverage on them. This carries a maximum sentence of 30 days in jail, a $500 fine, and up to 12 months of probation. Bretton Barber assists people in such situations. Misdemeanor Assault Laws in Arizona . These types of aggravated assaults are not ones that we see very often, but the possibility could occur in a bar when somebody is heavily intoxicated. Misdemeanor Assault Laws in Arizona If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. Misdemeanor assault is a very common offense in Arizona. At times an imprisonment may be served at another place under the custody of the state department of corrections. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. What is Misdemeanor Assault in Arizona? A Reckless Endangerment Offense in Arizona is a Class 6 Felony. The only assault that requires an injury is called an A1. If you have a longstanding history of assaults, then you might have to do some jail time. That is the most common one that we see. In 2014 more than one million people were arrested for driving under the influence of alcohol or drugs. In Arizona, misdemeanors are crimes that carry a potential punishment of up to six months in jail and/or a fine of up to $2,500. 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. Arizona has a wide range of misdemeanor offenses. Misdemeanor crimes can call for a term of imprisonment in a county jail facility. A Class 6 felony … In Arizona misdemeanor offenses are jury eligible for two reasons. Misdemeanor assault is a very common offense in Arizona. I have a warrant for a misdemeanor assault charge in Arizona. In Arizona misdemeanor offenses are jury eligible for two reasons. There are about 11 different aggravating factors, with four of them as the most common. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. Driving while intoxicated or under the influence is a life-threatening and serious issue in the USA. Class 3 misdemeanor- A class 3 misdemeanor is the lowest criminal offense, but still can carry severe punishments including a maximum of 30 days in jail, 1 year of probation and a $500 fine plus surcharges. • Arizona Felony and Misdemeanor Sentencing Ranges. More than 10 000 people died in car accidents where alcohol was involved. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. Another common aggravated assault is on a police officer. Ann. 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. Understanding the differences is essential for fighting your charges to the best of your ability. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … If a person is convicted of assault that person is often facing a jail sentence. Arizona classifies misdemeanor assault as either a class 1 misdemeanor assault (the most serious), a class 2 misdemeanor assault, or a class 3 misdemeanor assault. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of … 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. Misdemeanor vs Felony DUI in Arizona. Vulnerable populations may include children, the elderly, persons with physical or mental disabilities, or low income families. In the state of Arizona, anyone who seeks employment to work with a vulnerable population or in a place of trust must gain security clearance first. It’s stressful dealing with the procedure and potential consequences. 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. If you do it recklessly, meaning you are just swinging your arms around carelessly and you cause injury to somebody else, it’s going to fall under a Class 2 misdemeanor. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. If it causes physical injury and was done intentionally, that makes it a Class 1 misdemeanor. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. If you have been charged with assault in the Phoenix Metro area, or anywhere in Arizona, a strong defense is a must. Thus, our defense team works hard to present evidence that can show the judge what really happened by talking to witnesses, obtaining surveillance videos, and identifying those who may have witnessed the altercation but who were not included in the police report. Because of this … Arizona misdemeanor assault is defined as follows: 13-1203. Understanding the differences is essential for fighting your charges to the best of your ability. A lawyer can explain what to expect as your case progresses, advise you of your rights, and and help you to understand your options. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. §13-1203 “Assault,” occurs when a person either intentionally, knowingly or recklessly causes any physical injury to another person; knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in … As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. With “wobbler” laws as they are in Arizona, it is very important that you are sufficiently represented in court to reduce the sentence as much as possible. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. This helps them learn how to make better choices while making amends to their victims. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. 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. This offense sometimes referred to as “simple assault” charges. Also, you will not be able to possess a firearm, and the conviction could cost you custody of your children if you are involved in divorce proceedings. In some cases, the alleged victim may desire that the charges are dropped, but because the State brings the charges, the alleged victim may be forced to testify against the defendant. §13-1203, which states that a defendant assaults another person by (1) causing physical injury to another person intentionally, knowingly or recklessly; (2) intentionally causing another person to reasonably apprehend imminent physical injury; or (3) knowingly touching another in an attempt to provoke, insult, or injure that person. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. DM Cantor features may former prosecutors on staff and Martindale Hubbell® has given the firm the highest rating available, AV®. If you have been convicted of a misdemeanor or felony crime and have completed your sentence (probation or prison), then you may be qualified to have your Arizona conviction set aside. That’s a Class 1 misdemeanor, but that’s the only one that needs to have an actual injury. In Arizona, per A.R.S. 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. § 13 … One is if the charge was jury eligible when Arizona was a territory, Arizona became State in 1912, that right is preserved on the Arizona Constitution. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. For Family Law questions please go to Cantor Law Group. In Arizona, assault can be classified as either a misdemeanor or felony. 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. Pushing, hitting, pinching, biting, and slapping are all examples of assault. Rarely are penalties as extensive as that, unless there is some sort of egregious circumstance. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; Penalties – Sentencing for felony assault convictions include prison terms. For example, an aggravated assault constitutes a serious physical or life-threatening injury to an individual. 5111 N. Scottsdale Road, Suite 275 Is Extreme or Super Extreme DUI a Felony in Arizona? If you start resisting arrest and an officer has to use additional force to subdue you, and that officer is placed in apprehension of physical injury, an aggravated assault charge can be tacked onto the resisting arrest charges. What are the Misdemeanor Assault Laws in Arizona? Arizona criminal defense lawyer working to protect those charged with a misdemeanor due to an assault. In Arizona, misdemeanor crimes do not carry a prison sentence. Misdemeanor Criminal Damage in Arizona. Misdemeanor Assault in Arizona. In Arizona, misdemeanor criminal damage charges are nothing to be taken lightly. As such, swearing, taunting, and threatening can all result in assault charges in Arizona. Assault charges can either be classified as a misdemeanor or a felony. §13-1203 or Domestic Violence Assault A.R.S. Fax: (602) 428-7050, 12725 W. Indian School Rd, Suite E-101 Avondale, AZ 85392 The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. In Arizona, misdemeanors are crimes that carry a potential punishment of up to six months in jail and/or a fine of up to $2,500. Arizona Felony and Misdemeanor Sentencing Ranges. Assault A.R.S. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. Also, if someone is in prison or subject to custody in some sort of detention and commits the assault knowing that the victim is acting in their official capacity as an employee, it would be charged under the officer statute. Some other factors that can increase a simple assault to an aggravated assault are if you commit the assault while the other person is physically restrained, bound or substantially impaired. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. How to Write a Letter to a Judge for Sentencing. Do you even know the difference? §13-1203, which states that a defendant assaults another person by (1) causing physical injury to another person intentionally, knowingly or recklessly; (2) intentionally causing another person to reasonably apprehend imminent physical injury; or (3) knowingly touching another in an attempt to provoke, insult, or injure that person. 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. Under Arizona law, a class 2 misdemeanor assault requires the State to prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. The bigger concern is whether the charge will have a domestic violence designation. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor. It is similar to an assault charge, but is not a willful of deliberate threat of harm. § 13-707. Any time there is a weapon or dangerous instrument involved, that’s another aggravating factor. 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. Even if you’ve never committed a crime in the past, you should approach the situation seriously. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. Our firm has handled thousands of misdemeanor charges across Arizona. 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. Phone: (602) 833-4548 40 N Central Ave, Ste 2300 Don' t know what misdemeanor assault is in the state of Arizona? This charge does not require you to even touch another person. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Phone: (623) 552-5075, Copyright 2020 - 2021 R&R Law Group | Website by. No. While misdemeanor charges come with fewer consequences and lighter penalties than felony charges, they still have serious and permanent effects. (1) Intentionally, knowingly or recklessly causing any physical injury to another person; or. Arizona’s assault laws even include using fighting words or verbal threats. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. Often, when one is accused of fighting, self-defense is a reliable legal defense to the charges. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. The most common type of assault involves touching another person. It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. If you are accused of a misdemeanor: If you have been accused of a misdemeanor in Arizona, the very first thing you should do is contact an experienced criminal defense attorney. Neglecting the scope of implications could lead to life-changing consequences. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. §13-707. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. One is if the charge was jury eligible when Arizona was a territory, Arizona became State in 1912, that right is preserved on the Arizona Constitution. And a Class 3 Misdemeanor … Arizona Felony Assault Laws – A.R.S. Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense. Class 1 Misdemeanor Penalties in Arizona. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. Arizona Misdemeanor Classifications and Penalties. ARS 13-1203 is the law that defines the different types of misdemeanor assault in Arizona. In Arizona, misdemeanor crimes do not carry a prison sentence. The maximum punishments for misdemeanors are outlined by A.R.S. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. The most common type is what most people normally think about when they think of "assault" or "battery" which involves physically harming another person. 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. 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. In early August, Michael Flaminio, … A Reckless Endangerment Offense in Arizona is a Class 6 Felony. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. 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. Phoenix, AZ 85004 Misdemeanor DUI in Arizona. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. Misdemeanor Assault in Arizona Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. Ref: Arizona ARS 13-1203 If you enter someone else’s home with the intent to commit an assault, that can be an aggravating factor. Scottsdale, AZ 85250 For the most part, assaults are treated as class one (1) misdemeanors, but they may be lowered to class two (2) or three (3) misdemeanors due to mitigating circumstances such as lack of intent to commit the assault or absence of physical injury. Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. For a free consultation, call our offices at (602) 737-2812 or contact us through our secure, confidential web form. 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. 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. B. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. Arizona differentiates between misdemeanor assaults and aggravated assaults —the latter are more serious. Stat. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. If a person is convicted of assault that person is often facing a jail sentence. If the assault was committed on a relative, someone that you’re in a relationship with or just somebody that resides at your house like a roommate, then those situations will fall under domestic violence. However, the Arizona legislature has since rectified the situation by passing A.R.S. I currently live in Nevada. Penalties also depend upon your history. However, most people don’t know that assault … There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. We will keep you advised and aware of everything we are doing. Aggravated assault comes with harsher penalties than simple assault in Arizona. 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. This article is in reference to misdemeanor or simple assault. Just because the State of Arizona charges a person with DV assault does not mean that the person will be convicted of domestic violence assault. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. DM Cantor has the experience to help you fight assault charges and clear your name. If you have been convicted of a misdemeanor or felony crime and have completed your sentence (probation or prison), then you may be qualified to have your Arizona conviction set aside. This can be by punching or kicking somebody and causing some physical injury. (Ariz. Assault charges do not involve weapons, as the addition of a weapon upgrades the charge to aggravated assault. Understanding Arizona Misdemeanor Classes. Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. In early August, Michael Flaminio, … This article is in reference to misdemeanor or simple assault. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. Misdemeanor assault charges will either be heard in Municipal Court or Justice Court, depending on where the … An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. Misdemeanor Assault in Arizona explained by our former Misdemeanor and Felony Prosecutor, turned defense attorney, Henry Beam. Misdemeanor Assault. Examples of assault can include poking, pushing, biting, pinching, … Simple Assault & Misdemeanor Assault. Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. A. Our firm has handled thousands of misdemeanor charges across Arizona. Do I need even need a criminal speeding attorney? Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. If you injure someone recklessly, rather than intentionally, it is the lesser charge of a Class 2 misdemeanor. 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. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. Misdemeanor Assault convictions may carry up to one year in jail, but not in prison. Arizona Ignition Interlock Device Violations, Scottsdale City Court Criminal Arraignment. Class 3 Misdemeanor Assault. It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a misdemeanor immediately upon conviction. Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Phone: (602) 307-0808. 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