Assault

Assault charges are very serious under Arizona criminal laws. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process.

Assaults range from the simple threat of violence to inflicting bodily harm on someone. Depending on the charge, your potential sentence also varies greatly. You could be facing merely fines or a lengthy prison sentence.

The first step in determining what the future holds is to understand the charges against you.

Misdemeanor Assaults ARS 13-1203

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 charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500.

Aggravated Assault ARS 13-1204

Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the “aggravated” level. Facing charges as serious as this can be nerve-racking. With the possibility of a lengthy prison sentence, you want to be sure you have all the help you can get- let us help you.

Aggravating Circumstances:

• results in “serious physical injury”
• is committed with a deadly weapon
• causes temporary but substantial disfigurement or fracture
• if the victim is restrained
• is committed after entering the private home of someone
• if the victim is a police officer, prison guard, firefighter, prosecutor, teacher, or medical professional.

Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. If this is your first offense you may be facing a range of 5-15 years in prison. Your history and the circumstances of the crime will determine where in this range the judge sentences you.

If this is your second conviction of a dangerous offense the sentencing possibilities leap to 10-20 years. If it is your third conviction you could be sentenced to a prison term of 15-25 years.

Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence.

Threatening or Intimidating ARS 13-1202

Communicating threats also falls under the heading of assault. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. However, if this threat is regarding is in an effort to get someone involved in gang activity, it is elevated to a class 3 felony and can carry 3 ½ years in prison.

Endangerment ARS 13-1201

If you have recklessly put someone at risk of imminent death or physical injury, you may be facing endangerment charges.  Only the risk must be present, no actual physical injury has to occur.

Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. This carries with it a potential prison term of up to one year and fines of $2,500.

Felony endangerment involves the risk of “imminent death”. This offense is more serious and carries a potential sentence of up to one year, but also labels you as a convicted felon and further affects your future and reputation.

Assaults happen quite frequently under a variety of circumstances. Sometimes assault charges are filed against people who were merely defending themselves. Don’t try to feel your way through the criminal justice process alone.

Enlist the help of someone who is experienced in assault cases like yours.