Misdemeanor Assault Phoenix Defense Lawyer
What Is Misdemeanor Assault in Violation of A.R.S. §13-1203?
Misdemeanor Assault is a simple assault. There are three versions of misdemeanor assault in Phoenix or Arizona. The most common is in violation of A.R.S. §13-1203(A)(1): intentionally, knowingly or recklessly causing any physical injury to another person. This is a basic assault typically resulting from fights, such as fights at bars, clubs or Domestic Violence. All that is required is causing injury to another person in a manner that is not a negligent accident. This type of an assault is a class 1 misdemeanor.
The second type of misdemeanor assault does not require physical contact. Rather it requires “intentionally placing another person in reasonable apprehension of imminent physical injury,” which is a violation of A.R.S. §13-1203(A)(2). This is basically threatening a person in a manner that would cause any reasonable person apprehension of physical injury. This type of assault is a class 2 misdemeanor.
The third type of misdemeanor is defined by A.R.S. §13-1203(A)(3): Knowingly touching another person with the intent to injure, insult or provoke such person. This is assault does not require an injury. All that is required is (1) physical contact with (2) intent to injure, insult or provoke. This type of an assault is a class 3 misdemeanor.
What are the Penalties for Violating A.R.S. §13-1203, Misdemeanor Assault or Simple Assault?
The penalty for misdemeanor assault causing physical injury in violation of A.R.S. §13-1203(A)(1) are the same for any Class 1 Misdemeanor. The penalties for a Class 1 Misdemeanor are up to six months in jail and/or a fine of up to $2,500. A.R.S.§§ 13-707, 13-802.
The penalty for the misdemeanor assault of placing a person in reasonable apprehension of imminent physical injury, in violation of A.R.S. §13-1203(A)(2) are the same for any Class 2 Misdemeanor. The penalties for a Class 2 Misdemeanor are up to up to four months in jail and/or a fine of up to $750. A.R.S.§§ 13-707, 13-802.
The penalty for the misdemeanor assault of knowingly touching another person with the intent to injure, insult or provoke such person, in violation of A.R.S. §13-1203(A)(3) are the same for any Class 3 Misdemeanor. The penalties for a Class 3 Misdemeanor are up to 30 days in jail and/or a fine of up to $500. A.R.S.§§ 13-707, 13-802.
For more details on misdemeanor penalties or consequences see the link titled Misdemeanor Penalties and Consequences in Arizona.
How to defend yourself against Misdemeanor Assault or Simple Assault charges in violation of A.R.S. §13-1203?
There are a number of ways to defend assault cases. These include self defense, defense of others or property. There are also defenses tied to the relationship with the alleged victim or perpetrator. These types of defenses deal with justification, which is a defense. These defenses are somewhat complicated and you should consult an attorney to see if they are applicable to you or your loved one’s case.
Other defenses for assault charges deal with proof issues. This means accessing whether the Prosecution will be able to prove their assault case. This defense against assault charges include lack of physical evidence and or witnesses. Again, these issues are complicated and deal with understanding the rules of evidence as well as criminal procedure. Therefore you should consult an attorney to see if they are applicable in defending assault charges against you.
Claims of self-defense, defense of others, defense of property, lack of witnesses and other issues can change an assault into a very difficult case for the prosecution to prove. If these issues are timely and properly presented, the prosecutor might agree not to file charges, reduce the charges to a smaller offense or drop the charges altogether. If you or a loved one is dealing with assault charges, a successful defense may depend on hiring an experienced criminal attorney who has been dealing with these types of cases for over a fifteen years
How An Experienced Lawyer Can Make A Difference!
I previously represented a Criminal Defense Lawyer who shot and killed a man in a road side type confrontation. The police were quick to arrest and jail the Criminal Defense Lawyer and he was held on approximately $1,000,000. Bail. That criminal defense lawyer first utilized the services of a larger law firm who assigned one of their lesser experienced attorneys to the case. (See How To Choose a Lawyer) The lesser experienced attorney wrote a Trebus letter to try and reduce or mitigate the charges at the Grand Jury level. The letter did not apparently change the circumstances.
Shortly thereafter, I got involved. I did a quick and thorough investigation interviewing witnesses, going to the scene and speaking with an private investigator. After that investigation, I wrote a supplemental Treebus letter and request for review. Not long afterwards, the Prosecution dismissed the charges and elected not to file any charges. That decision may change in the future, but it has been several years now and he has not been re-charged.
This is just one example of how hiring an experienced lawyer who is willing to work hard on your case can make a huge difference. The sooner you get an experienced attorney involved in your case, the sooner they can begin to work on your defense and the better your chances for winning the case.