Phoenix Assault Lawyer

Types Of Assault Charges

There are two types of assault in Arizona: simple assault and aggravated assault.

Simple assault is intentionally, knowingly, or recklessly causing another person physical harm, or threatening to cause physical harm. It is considered a misdemeanor.

Aggravated assault (sometimes called battery) is a felony crime. The crime results in substantial physical injury to the victim. It most often involves the use of a deadly weapon such as a gun, knife, or car to inflict severe damage to another person; however, there are other instances in which a person can be charged with aggravated assault.

Reckless endangerment incidents are often considered an aggravated assault. This includes actions such as:

• Reckless driving, speeding
• Shooting a gun into a crowd
• Throwing rocks or other objects off an overpass
• Tampering with someone’s car, such as cutting the brakes
• Violating safety regulations at work
• Threatening, with aggravated circumstances
• Domestic violence

Some reckless endangerment charges deal specifically with acts concerning minors or children, such as:

• Leaving a child unattended (at home, in a car, in a public place, etc.)
• Driving drunk with a child in the car
• Serving alcohol to a minor

What Are The Penalties For Simple Assault For First-Time Offenders?

The penalties for assault vary widely, depending on the type of assault charge, the circumstances surrounding the incident, whether there is a previous history of violent crime, and the severity of the injury to the victim.

CLASS 1 MISDEMEANOR ASSAULT PENALTIES

• Maximum sentence of 6 months in jail
• $500 to $2,500 in fines
• 3 years of probation
• Counseling classes
• Restitution to the victim
• Over $2,000 in surcharges

If you are charged with a Class 2 or Class 3 misdemeanor assault charge, the penalties are less severe, but will still disrupt your life and hit you in the wallet.

CLASS 2 MISDEMEANOR ASSAULT PENALTIES

• Maximum sentence of 4 months in jail
• Up to $750 in fines
• 2 years probation
• Counseling classes
• Community service
• Restitution to the victim
• $600 in surcharges

CLASS 3 MISDEMEANOR ASSAULT PENALTIES

• Up to 30 days in jail
• $500 fine
• Up to 12 months of probation
• $400 in Surcharges

What Are The Penalties For Aggravated Assault Dangerous For First-Time Offenders?

If you are convicted of aggravated assault as a dangerous offense, you will be charged with a Class 2 to Class 5 felony. You WILL go to jail — the only question is how long. The range for jail time for a Class 5 (least severe) to Class 2 (most severe) aggravated assault felony is 1.5 years to 21 years.

CLASS 2 FELONY AGGRAVATED ASSAULT DANGEROUS PENALTIES FOR FIRST-TIME OFFENDERS

• Prison term of 7 years to 21 years
• Fines up to $150,000 plus surcharges

What Are Some Common Defenses Used In Assault Cases?

A Phoenix assault lawyer will help you map out the most effective strategy to use in your specific case.

• It wasn’t you; they got the wrong person
• The victim has a history of lying and making false accusations
• You acted out of self-defense; you were being threatened or intimidated
• Lack of witnesses
• Lack of credible witnesses
• The incident was a complete accident; no harm or injury was intended or foreseen

Each assault case has unique features and circumstances. This area of law is complex.

An assault charge is serious; do not make the mistake of taking it lightly or thinking that you can defend yourself. You will be going up against an experienced prosecutor who has most likely participated in dozens of trials for these types of cases.

The best defense is a good offense. Call a Phoenix assault lawyer as soon as possible to ensure that you have all the tools available to ensure the best outcome for your case.

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