There are a wide range of classifications and punishments related to assault charges. Arizona state statute 13-1203 defines assault as any action that puts another person in fear of harm by the use or the threat of force, causing physical injury another person or merely touching another person with the intent to cause harm. Assault charges can be escalated to “aggravated assault” if a weapon has been used or the victim sustains extreme injuries.
It is important to find a qualified and caring attorney to defend your assault case especially because an assault conviction will stay on your record for the rest of your life and taken into consideration if you are charged with any crimes in the future.
Assault v. Aggravated Assault
The differences between assault and aggravated assault can be hard to decipher based on the terms alone. Knowing these differences can be vital when building a strong defense as well as provide insight regarding what prosecutors will be trying to prove in court.
Assault can be applied to a variety of situations when someone:
- Intentionally, knowingly, or recklessly causes physical injury to another
- Intentionally puts another person in a situation where they could be injured
- Knowingly touches another person with the intent to injure or provoke the other person
The state of Arizona has established which actions or events will escalate an assault to Aggravated Assault in state statute 13-1204. These actions can include, but are not limited to:
- Causing serious physical injury to another
- Using a weapon during the incident
- Inflicting substantial disfigurement, loss, or impairment to any part of another person’s body
- Assaulting someone who is bound or otherwise restrained
- Entering a private residence with the intent to do another harm
Consequences of an Assault Charge
Generally speaking, assault charges are classified as a misdemeanor offense while aggravated assault is a felony. A misdemeanor assault charge is categorized into one of three classes based on the seriousness of the crime with a Class 1 Misdemeanor having the most severe repercussions (up to 6 months in jail and $2500 in fines).
Prosecutors will also look at any past criminal history which can impact the severity of the punishment.
The Kyle T. Green Approach to Assault Defense
Having once worked as a prosecutor, I have valuable insight into how the State of Arizona handles assault charges. My goal is to work toward having the assault charges against you thrown out completely and have the case dismissed.
If the case is not dismissed, I will do everything I can to minimize the charges. I will do my own investigation of the crime to uncover important information regarding the incident. Often, this leads me to an overlooked detail that can serve to reduce the charges. For some cases, an assault case win is a reduced prison sentence or probation without serving time in prison.
When defending yourself from assault charges time is of the essence. The sooner you can contact me after you have been charged with assault, the better chance I have of building a case to dismiss or lessen the charges against you. Call 480-331-7568 or submit the sidebar contact form to set up a free consultation to discuss your case.