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A Class 3 Misdemeanor Assault charge at Encanto Justice Court could have produced jail exposure, probation, and a permanent assault record. Future First secured entry into an alternative diversion program and the case was dismissed with prejudice in July 2022.
At a glance
| Court | Encanto Justice Court |
| Original charge | Assault (ARS § 13-1203(A)(3)), Class 3 Misdemeanor |
| Presumptive exposure | Up to 30 days jail, up to $500 fine plus 78% surcharge, up to 1 year probation, permanent criminal record |
| Result | State filed Motion to Dismiss with Prejudice on July 25, 2022; court granted dismissal July 28, 2022 after diversion completion |
| Conviction | None |
| Eligibility for set aside | N/A (no conviction) |
| Eligibility for sealing | Immediate under ARS § 13-911 (case ended in dismissal with prejudice) |
The stakes
The client faced a Class 3 Misdemeanor Assault charge under ARS § 13-1203(A)(3) at Encanto Justice Court. Class 3 Misdemeanor Assault carries up to 30 days jail, up to $500 fine plus surcharges, up to 1 year probation, and a permanent criminal record affecting employment, housing, and immigration.
An assault conviction (even at the misdemeanor level) sits prominently on background checks and can trigger employer flags in healthcare, education, transportation, and many other regulated industries.
What we did
After Future First negotiated entry into an alternative diversion program with the State and the client completed every condition, the State filed a Motion to Dismiss with Prejudice on July 25, 2022 and the court granted dismissal on July 28, 2022.
No conviction was entered. No jail, fine, or probation was imposed. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal. The “with prejudice” framing means the State cannot refile the same charge later — the case is closed for good.
What our clients say
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If you’re facing an assault misdemeanor in Arizona
Arizona’s assault statute under ARS § 13-1203 has three subsections that distinguish the conduct alleged. (A)(1) covers intentional or knowing infliction of physical injury (Class 1 Misdemeanor). (A)(2) covers intentional placing of another in reasonable apprehension of imminent physical injury (Class 2 Misdemeanor). (A)(3) covers knowing touching with intent to injure, insult, or provoke (Class 3 Misdemeanor). The lower the subsection, the lighter the maximum penalty.
Diversion is one of the strongest pre-conviction resolution tools available on misdemeanor assault cases. When the State agrees to diversion, the client completes counseling and conditions specific to the case category (anger management, conflict resolution, or community-based programs). On successful completion, the State files a Motion to Dismiss and the case closes without judgment of guilt.
Dismissal with prejudice carries more weight than dismissal without prejudice. Without prejudice means the State can refile later if circumstances change. With prejudice means the case is closed permanently. Getting the State to agree to dismissal with prejudice after diversion is the cleanest possible disposition.
Future First Criminal Law has handled assault cases at every tier across Maricopa County and Arizona. We know how Encanto Justice Court and other justice courts evaluate diversion eligibility, and how to position the case for dismissal with prejudice.
Related resources
- Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
- Set aside and sealing in Arizona — how to clean up your record after a dismissal or conviction
Call us
Facing an assault charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of assault cases across Arizona. The earlier we are involved, the more options you have for diversion and dismissal.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona assault law, visit the Arizona State Legislature website.