5111 N. Scottsdale Road, Suite 275 DM Cantor can also assert more general defenses on your behalf, such as violation of Constitutional rights such as your right to an attorney or your Miranda rights. Is Extreme or Super Extreme DUI a Felony in Arizona? Misdemeanor assault is a very common offense in Arizona. If you have been charged with assault in the Phoenix Metro area, or anywhere in Arizona, a strong defense is a must. Arizona has a wide range of misdemeanor offenses. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. 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. There are about 11 different aggravating factors, with four of them as the most common. 36-year-old Michael … Unfortunately, as the uninjured party in the altercation, the defendant is believed to have caused the harm. Hire an Assault Attorney in Phoenix That Can Help. Do you even know the difference? How to Write a Letter to a Judge for Sentencing. Do I need even need a criminal speeding attorney? If you injure someone recklessly, rather than intentionally, it is the lesser charge of a Class 2 misdemeanor. If the assault is against a prosecutor, that’s an aggravated assault; likewise, if it’s against a firefighter or a judge, it can be an aggravated assault. This charge does not require you to even touch another person. It’s stressful dealing with the procedure and potential consequences. Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Another common aggravated assault is on a police officer. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Misdemeanor Criminal Damage in Arizona. In Arizona, misdemeanor criminal damage charges are nothing to be taken lightly. In Arizona, per A.R.S. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. A. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. §13-3601. Pima County corrections officer Michael Flaminio is facing two misdemeanor assault charges. 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. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. 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. And a Class 3 Misdemeanor … DV Assault or domestic violence assault is one of the easiest cases to get dismissed. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. Understanding Arizona Misdemeanor Classes. (Ariz. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. Arizona’s assault laws even include using fighting words or verbal threats. 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. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. 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. In early August, Michael Flaminio, … We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. § 13-707. This offense sometimes referred to as “simple assault” charges. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault charges can either be classified as a misdemeanor or a felony. In Arizona, misdemeanor crimes do not carry a prison sentence. 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. It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. This designation can have harsher penalties, such as completing domestic violence treatment, which can last 26 to 52 weeks, and you lose your right to possess firearms. At times an imprisonment may be served at another place under the custody of the state department of corrections. If it causes physical injury and was done intentionally, that makes it a Class 1 misdemeanor. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor. In Arizona, the definition of assault can be found in A.R.S. We will keep you advised and aware of everything we are doing. If you have a longstanding history of assaults, then you might have to do some jail time. Misdemeanor Assault convictions may carry up to one year in jail, but not in prison. In Arizona, an assault conviction can carry meaningful consequences, despite its classification as a misdemeanor. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. Simple Assault & Misdemeanor Assault. The only assault that requires an injury is called an A1. 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. 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. For a free consultation, call our offices at (602) 737-2812 or contact us through our secure, confidential web form. Arizona has a wide range of misdemeanor offenses. 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. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. 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. Many charges associated with driving under the influence are considered misdemeanors. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. These are the most common aggravated assaults we see; along with the next aggravating circumstance. For Family Law questions please go to Cantor Law Group. What are the Misdemeanor Assault Laws in Arizona? Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. For example, an aggravated assault constitutes a serious physical or life-threatening injury to an individual. §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 … To learn about aggravated assaults, see Aggravated Assault in Arizona. It’s stressful dealing with the procedure and potential consequences. 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. 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. 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. Arizona Felony Assault Laws – A.R.S. Misdemeanor Assault Laws in Arizona . 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. § 13 … A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … Class 1 Misdemeanor Penalties in Arizona. 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. 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. Arizona criminal defense lawyer working to protect those charged with a misdemeanor due to an assault. This statute states that "a person commits assault by". 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. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. §13-707. The goals of Arizona misdemeanor diversion programs. Misdemeanor vs Felony DUI in Arizona. 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 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. In Arizona, misdemeanor crimes do not carry a prison sentence. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Aggravated assault comes with harsher penalties than simple assault in Arizona. 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. Phone: (623) 552-5075, Copyright 2020 - 2021 R&R Law Group | Website by. 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. 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. Fax: (602) 428-7050, 12725 W. Indian School Rd, Suite E-101 Avondale, AZ 85392 In Arizona, the definition of assault can be found in A.R.S. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. What is Misdemeanor Assault in Arizona? 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. 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 crimes can call for a term of imprisonment in a county jail facility. In Arizona misdemeanor offenses are jury eligible for two reasons. It is similar to an assault charge, but is not a willful of deliberate threat of harm. 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. 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. The most common type of assault involves touching another person. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. Unfortunately for those affected, Arizona law originally offered no means to regain Second Amendment rights for those who lose them for a misdemeanor domestic violence conviction. 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. Our firm has handled thousands of misdemeanor charges across Arizona. The bigger concern is whether the charge will have a domestic violence designation. Arizona law classifies misdemeanor offenses based on the severity of the offense committed. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. ARS 13-1203 is the law that defines the different types of misdemeanor assault in Arizona. Penalties also depend upon your history. Don' t know what misdemeanor assault is in the state of Arizona? Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. Class 3 Misdemeanor Assault. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. Pushing, hitting, pinching, biting, and slapping are all examples of assault. A conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … 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. Misdemeanor Assault has three different classifications. There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. Ref: Arizona ARS 13-1203 In Arizona, you can be charged with a class 3 misdemeanor simply by pushing someone with the intent to provoke them into starting a fight. • Arizona Felony and Misdemeanor Sentencing Ranges. Assault charges do not involve weapons, as the addition of a weapon upgrades the charge to aggravated assault. Assault A.R.S. 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. However, the Arizona legislature has since rectified the situation by passing A.R.S. Vulnerable populations may include children, the elderly, persons with physical or mental disabilities, or low income families. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. Aggravated assault is any one of those misdemeanor assaults, but has an additional aggravating factor. Misdemeanor Assault. Neglecting the scope of implications could lead to life-changing consequences. This can be by punching or kicking somebody and causing some physical injury. 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. Felonies in Arizona are punishable by a year or more in state prison. §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. 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. Felony charges are more severe than misdemeanors, but that does not mean anyone … Despite not being a felony, misdemeanor assault charges can be serious, and the penalties can be harsh. If you enter someone else’s home with the intent to commit an assault, that can be an aggravating factor. Any time there is a weapon or dangerous instrument involved, that’s another aggravating factor. Misdemeanor Assault in Arizona explained by our former Misdemeanor and Felony Prosecutor, turned defense attorney, Henry Beam. We may also be able to fight your charges by identifying misleading or inaccurate police reports, improperly conducted line-ups, invalid search warrants, forensic flaws, or inaccurate crime scene reconstruction. 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, assault charges can result from many different scenarios. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. 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. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. More than 10 000 people died in car accidents where alcohol was involved. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. David Michael Cantor has been Certified as a Criminal Law Specialist by the Arizona Board of Legal Specialization, and he and the rest of the firm are featured in the Bar Register of Preeminent Lawyers®. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Bretton Barber assists people in such situations. The main purpose of Arizona misdemeanor diversion programs is to help a first-time offender understand the consequences of their actions. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. Understanding the differences is essential for fighting your charges to the best of your ability. Arizona Ignition Interlock Device Violations, Scottsdale City Court Criminal Arraignment. This article is in reference to misdemeanor or simple assault. Even if you’ve never committed a crime in the past, you should approach the situation seriously. § 13-1204 (A) A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. This offense sometimes referred to as “simple assault” charges. With respect to these and other situations involving assault charges, eyewitness testimony is a key factor. §13-1203 or Domestic Violence Assault A.R.S. Misdemeanor Assault in Arizona. Arizona Misdemeanor Classifications and Penalties. If a person is convicted of assault that person is often facing a jail sentence. When your freedom and reputation is on the line, getting the best defense possible is crucial. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Arizona misdemeanor assault is defined as follows: 13-1203. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. Understanding the differences is essential for fighting your charges to the best of your ability. The last aggravating factor is if a person uses a deadly weapon or threatens to use a simulated deadly weapon. If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. B. And a Class 3 Misdemeanor … Do you even know the difference? 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. 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. 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. Stat. Phone: (602) 307-0808. Arizona differentiates between misdemeanor assaults and aggravated assaults —the latter are more serious. 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. In Arizona, assault can be classified as either a misdemeanor or felony. 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. 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. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. 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