PHOENIX, ARIZONA CRIMINAL DEFENSE ATTORNEY FOR ASSAULT CRIMES

Assault (ARS 13-1203) is one of the most frequently charged violent crimes. You can be charged with assault without ever having touched anyone. It can include everything from intimidation and psychological fear of being hurt to serious physical injuries. The charges that are associated with assault in Arizona can vary with penalties depending on the actual evidence.

There are three classes of misdemeanor assault in Arizona. Factors that can influence the assigned class include the defendant’s intentions, the level of fear or physical violence the victim experienced, and the victim’s injuries.

Penalties in Arizona can range from up to 30 days in jail and a year of probation for class 3 misdemeanor assault to 6 months in jail and 3 years of probation for class 1 misdemeanor assault.

Class 1 Misdemeanor Assault

The state of Arizona must prove beyond a reasonable doubt that the perpetrator intentionally caused the victim’s injuries or did so through criminal recklessness.

Class 2 Misdemeanor Assault

The defendant’s actions made the victim of the assault reasonably afraid for their safety. The state of Arizona doesn’t need to prove that the defendant actually injured or even touched the victim.

Class 3 Misdemeanor Assault

The defendant made some kind of physical contact with the alleged victim in order to provoke, insult, or injure them. The prosecution does not need to prove the contact resulted in any kind of injury.

In Arizona, the charge of sexual assault will be charged when a person engages in any form of sexual contact without the other person’s consent. Serious sexual assault crimes, like rape, are class 2 felonies in Arizona.

Depending on the circumstances, sentencing and charges can be raised. For example, if the sexual assault is your first offense, you could be facing five years up to 14 years in prison. However, repeat offenders can serve up to 28 years in prison, depending on the acts committed. If the victim is age 12-14 you face 13-27 years in prison and if the victim is under 12, you face life in prison.

Aggravated assaults can potentially be class 3 or class 4 felonies and carry extended sentences. The seriousness of the charge in Arizona often depends on the modifying factors that earn the infraction an aggravated designation.

Some of those factors include:

• The alleged assault resulted in disfigurement or serious injury
• A deadly weapon was used to intimidate the victim and put them in fear of imminent physical injury
• The assailant is accused of entering and assaulting someone in their home
• The assault was perpetrated against a law enforcement officer, prosecutor, health care worker, firefighter, or teacher
• The alleged victim of an assault was younger than 15 (if the perpetrator was an adult)
• The alleged victim was restrained during the assault 
• A potential witness to another crime is intimidated with the purpose of dissuading them from testifying or speaking to law enforcement
• Intimidation on behalf of a criminal organization or gang