What is Assault in Arizona A.R.S 13.1203
A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
What are the Penalties for Assault in Arizona, A.R.S 13-1203?
Misdemeanor Assault:
-
Class 1 Misdemeanor: This is the most serious misdemeanor classification. The penalties for a Class 1 misdemeanor assault in Arizona may include up to six months in jail and fines of up to $2,500.
-
Class 2 Misdemeanor: A Class 2 misdemeanor assault is less severe, with potential penalties of up to four months in jail and fines of up to $750.
-
Class 3 Misdemeanor: A class 3 misdemeanor is the least severe, which is punishable by up to 30 days in jail, $500 in fines, or up to a year of probation.
Defenses for the Crime of Assault in Arizona A.R.S 13-1203
Assault can be classified as either misdemeanor assault or felony aggravated assault, depending on the specific circumstances. Defenses to assault charges may vary based on the details of the case, but some common defenses might include:
-
Self-Defense or Defense of Others: If the accused can demonstrate that they reasonably believed they were in imminent danger of harm and used force to protect themselves or others, it may be a valid defense. The key is whether the use of force was proportional to the perceived threat.
-
Lack of Intent: Assault typically requires intentional actions. If it can be shown that the accused did not have the intent to cause harm or create apprehension of harm, it might be a defense.
-
Consent: In some cases, the defense might argue that the alleged victim consented to the conduct, particularly if the actions were part of a mutually agreed-upon activity.
-
Mistaken Identity: If there is reasonable doubt about the identity of the assailant, it could be a defense.
-
Alibi: If the accused can provide evidence that they were not present at the location where the assault allegedly occurred, it may serve as a defense.
-
Deficient Evidence: Challenging the evidence presented by the prosecution, such as questioning witness credibility or disputing the reliability of forensic evidence, can be a defense strategy.
It's important to note that laws can change, and penalties may be subject to amendment. Additionally, legal outcomes can be influenced by the specific details of each case. For the most up-to-date and accurate information regarding assault laws and penalties in Arizona, it's recommended to consult with a criminal defense attorney such as Brian DiPietro.
Contact Brian Di Pietro Law, PLLC, Arizona's Most Experienced, Tough Lawyer for Aggravated Assault Criminal Charges!
Arizona criminal defense attorney Brian Di Pietro has successfully represented many clients who had been charged with aggravated assault. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of aggravated assault and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients.Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your aggravated assault charges in Arizona.
