Assault charges in Arizona can lead to severe consequences, even when classified as a misdemeanor. However, just because you’ve been arrested and charged with misdemeanor assault doesn’t mean you’re going to be found guilty; it’s up to the prosecution to prove every element of the crime beyond a reasonable doubt—if it can. At the Law Office of James E. Novak, our Phoenix misdemeanor assault lawyer can help you defend against the allegations you’re facing and work towards the best possible outcome for your case.
In Arizona, assault is defined under Arizona Revised Statutes §13-1203. Assault occurs when a person intentionally, knowingly, or recklessly causes physical injury to another person, or when they place another person in reasonable fear of imminent physical injury. Additionally, assault charges can be brought if someone knowingly touches another person with the intent to injure, insult, or provoke them.
It’s important to note that assault does not always involve physical violence. Simply making someone feel threatened or unsafe can lead to assault charges.
Assault can be classified as either a misdemeanor or a felony in Arizona, depending on the circumstances. Misdemeanor assault is generally considered less severe than aggravated assault and involves situations where the harm caused or threat of harm was relatively minor.
For example, Assault is usually classified as a misdemeanor in a few different situations.
For instance, if two individuals get into an argument, and one person pushes the other without causing serious harm, this would likely be charged as a misdemeanor assault.
While misdemeanor assault is less serious than felony assault, it still carries significant consequences that can have a major impact on your life. The penalties for an assault conviction vary depending on the specific circumstances of the case and your prior criminal history. However, generally, in Arizona, misdemeanor assault is classified into three categories: Class 1, Class 2, and Class 3 misdemeanors, with Class 1 being the most serious.
Class 1 Misdemeanor: A conviction can result in up to six months in jail, fines up to $2,500, and possibly probation.
Class 2 Misdemeanor: A Class 2 misdemeanor assault can lead to up to four months in jail and fines up to $750.
Class 3 Misdemeanor: A Class 3 misdemeanor carries a maximum jail sentence of 30 days and fines of up to $500.
In addition to these penalties, a misdemeanor assault conviction can result in a criminal record, which could impact future employment, housing, and other aspects of life.
If you’re facing a misdemeanor assault charge, it’s important that you take some time to fully understand the possible defenses that may benefit you. The specific defenses available to you will depend on the facts of your case, but some of the most common defenses include:
Self-Defense: One of the most common defenses in an assault case is self-defense. If you were protecting yourself from imminent harm, you might be able to argue that your actions were justified.
Defense of Others: Similar to self-defense, this defense applies if you are protecting someone else from imminent harm. You must show that your actions were necessary to prevent injury to another person.
Lack of Intent: Assault charges often hinge on your intent. If you can show that your actions were accidental and not intended to hurt another person or put them in fear of injury, it may be a viable defense.
False Accusations: In some cases, the alleged victim may have fabricated or exaggerated the events leading to the charge.
Consent: If the alleged victim consented to the conduct that led to the assault charge, such as in a contact sport or mutual altercation, it could be a valid defense.
Facing a misdemeanor assault charge can be a stressful and overwhelming experience, but you don’t have to go through it alone. At the Law Office of James E. Novak, we are committed to providing you with the guidance and representation you need to effectively handle every aspect of your case. Our experienced Phoenix misdemeanor assault attorney will work tirelessly to build a strong defense and protect your rights. If you’ve been charged with misdemeanor assault, don’t hesitate to reach out to schedule a free consultation. You can reach us at 480-413-1499 or through our secure online contact form.