Phoenix Assault Criminal Defense Lawyer

What You Should Know About Your Case

There are three basic types of assault, misdemeanor assault, aggravated assault, and assault per domestic violence. Assaults designated as domestic violence can be either a misdemeanor or a felony.

Assaults designated domestic violence will have more consequences than an assault that is not designated domestic violence. The first thing you should ascertain is whether your case is a misdemeanor assault or a felony assault. After that, determine if it is designated domestic violence.

How to Know if You Are Charged With Misdemeanor Assault or Felony Assault

Generally speaking, misdemeanor assaults may result in a jail sentences whereas, aggravated assaults can result in a prison sentence. Most assaults are misdemeanors. However, your assault charge may be a felony if it involved one of the following:

1. Causing serious physical injury;
2. Use of a deadly weapon;
3. Choking or strangling the victim;
4. Restraining the victim;
5. The victim is 15 years old or younger;
6. The defendant entered a private residence;
7. The victim has special status, such as a police officer; firefighter, schoolteacher, medical professional, etc.

If you have your charging document, either your ticket, complaint, summons or release forms, it may identify the type of Assault with which you are charged. Sometimes the charging document will say if it is a misdemeanor assault or a felony assault. If your charging document cites you for violating A.R.S. §13-1203, you are charged with misdemeanor assault. If your charging document cites you for violating A.R.S. §13-1204, you are charged with a felony.

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