Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; Penalties – Sentencing for felony assault convictions include prison terms. Class 3 misdemeanor- A class 3 misdemeanor is the lowest criminal offense, but still can carry severe punishments including a maximum of 30 days in jail, 1 year of probation and a $500 fine plus surcharges. When it comes to crime, there are generally different levels of charges you hear about. Just because the State of Arizona charges a person with DV assault does not mean that the person will be convicted of domestic violence assault. Examples of assault can include poking, pushing, biting, pinching, … If you do it recklessly, meaning you are just swinging your arms around carelessly and you cause injury to somebody else, it’s going to fall under a Class 2 misdemeanor. In these circumstances, usually the alleged victim actually began the altercation, and — as is common when alcohol is involved — the individual attempted to hit the defendant but lost his balance and hurt himself. Arizona Felony Assault Laws – A.R.S. The last classification of assault in Arizona is by knowingly touching another person, either with the intent to injure and assault or provoke such a person. Arizona Felony and Misdemeanor Sentencing Ranges. It’s stressful dealing with the procedure and potential consequences. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. Even though these are all burglary charges, the main difference between the three is dependent on the circumstances and details of the crime you are accused of committing. Misdemeanor Assault Laws in Arizona . The most common type of assault involves touching another person. Scottsdale, AZ 85250 B. What is Misdemeanor Assault in Arizona? An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. To learn about aggravated assaults, see Aggravated Assault in Arizona. Despite not being a felony, misdemeanor assault charges can be serious, and the penalties can be harsh. Arizona Misdemeanor Classifications and Penalties. Arizona courts categorize misdemeanor assault charges into three separate classes: Class 3 misdemeanor assaults involve touching another person with the intent to injure or provoke. In Arizona, the definition of assault can be found in A.R.S. This designation can have harsher penalties, such as completing domestic violence treatment, which can last 26 to 52 weeks, and you lose your right to possess firearms. If you have been charged with a misdemeanor in Phoenix, Arizona then the first step is to contact an attorney. Class two misdemeanors are punished less severely, but the sentences have teeth; a class two misdemeanor conviction is punishable by probation with up to four months in jail, along with a fine of $750 with 84 percent in surcharges attached. Bretton Barber assists people in such situations. If you have been convicted of a misdemeanor or felony crime and have completed your sentence (probation or prison), then you may be qualified to have your Arizona conviction set aside. Also, you will not be able to possess a firearm, and the conviction could cost you custody of your children if you are involved in divorce proceedings. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … Although not as serious as a felony criminal damage charge, being accused of, or charged with, one or more counts of misdemeanor criminal damage can significantly impact your personal and professional life in a number of negative ways. Also, if someone is in prison or subject to custody in some sort of detention and commits the assault knowing that the victim is acting in their official capacity as an employee, it would be charged under the officer statute. At times an imprisonment may be served at another place under the custody of the state department of corrections. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. If you have been convicted of a misdemeanor or felony crime and have completed your sentence (probation or prison), then you may be qualified to have your Arizona conviction set aside. In Arizona, assault can be classified as either a misdemeanor or felony. The last aggravating factor is if a person uses a deadly weapon or threatens to use a simulated deadly weapon. Misdemeanor Assault in Arizona. If it causes physical injury and was done intentionally, that makes it a Class 1 misdemeanor. §13-1203, which states that a defendant assaults another person by (1) causing physical injury to another person intentionally, knowingly or recklessly; (2) intentionally causing another person to reasonably apprehend imminent physical injury; or (3) knowingly touching another in an attempt to provoke, insult, or injure that person. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. With respect to these and other situations involving assault charges, eyewitness testimony is a key factor. This offense sometimes referred to as “simple assault” charges. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. Arizona law classifies misdemeanor offenses based on the severity of the offense committed. The only assault that requires an injury is called an A1. This offense sometimes referred to as “simple assault” charges. For Family Law questions please go to Cantor Law Group. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. Pushing, hitting, pinching, biting, and slapping are all examples of assault. Felony charges are more severe than misdemeanors, but that does not mean anyone … Phone: (623) 552-5075, Copyright 2020 - 2021 R&R Law Group | Website by. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor. You can also be charged by touching them indirectly through the use of an object, like pouring a beverage on them. If you injure someone recklessly, rather than intentionally, it is the lesser charge of a Class 2 misdemeanor. And a Class 3 Misdemeanor … In Arizona, simple assault charges can arise under three different scenarios. 40 N Central Ave, Ste 2300 Do I need even need a criminal speeding attorney? Arizona differentiates between misdemeanor assaults and aggravated assaults —the latter are more serious. Hire an Assault Attorney in Phoenix That Can Help. If a person is convicted of assault that person is often facing a jail sentence. If you are charged with a DUI, disorderly conduct, assault, theft, shoplifting or domestic violence, we can tailor a defense that gives you the best chance for a the best outcome. If you are charged with a DUI, disorderly conduct, assault, theft, shoplifting or domestic violence, we can tailor a defense that gives you the best chance for a the best outcome. In early August, Michael Flaminio, … Misdemeanor Criminal Damage in Arizona. Call us today to speak with an attorney immediately! Fax: (602) 428-7050, 12725 W. Indian School Rd, Suite E-101 Avondale, AZ 85392 Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. Misdemeanor Assault in Arizona explained by our former Misdemeanor and Felony Prosecutor, turned defense attorney, Henry Beam. Whether it be DUI, criminal traffic, domestic violence, drugs, theft, or any misdemeanor, it’s normal to be stressed and overwhelmed by Arizona’s criminal process.. For many, a misdemeanor is their first encounter with criminal justice. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Based on this Arizona statute, the least severe form of misdemeanor that may result in jail time is a Class 3 misdemeanor. A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or The maximum sentence for an assault is six months in jail and a $2,500 fine. Unfortunately for those affected, Arizona law originally offered no means to regain Second Amendment rights for those who lose them for a misdemeanor domestic violence conviction. Arizona classifies misdemeanor assault as either a class 1 misdemeanor assault (the most serious), a class 2 misdemeanor assault, or a class 3 misdemeanor assault. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. I currently live in Nevada. Most misdemeanor Assaults are charged as a class one (1) misdemeanor, however, sometimes they are charged at the lower levels of class two (2) and three (3) misdemeanors if the defendant is found to not have intentionally committed the assault or didn’t cause any physical injury. This can be by punching or kicking somebody and causing some physical injury. This statute states that "a person commits assault by". It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. Moreover, you don’t even have to cause any sort of physical injury to have an assault charge leveled against you: just by placing someone in reasonable apprehension or fear that they’re in imminent danger of physical injury can be classified as an assault, which is considered a Class 2 misdemeanor as well. Phone: (602) 307-0808. The aggravating factor is just simply that a police officer was involved. Simple Assault & Misdemeanor Assault. Some other factors that can increase a simple assault to an aggravated assault are if you commit the assault while the other person is physically restrained, bound or substantially impaired. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or. Another common aggravated assault is on a police officer. These are the most common aggravated assaults we see; along with the next aggravating circumstance. Misdemeanor vs Felony DUI in Arizona. Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. Driving while intoxicated or under the influence is a life-threatening and serious issue in the USA. For example, an aggravated assault constitutes a serious physical or life-threatening injury to an individual. If a person is convicted of assault that person is often facing a jail sentence. Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. In Arizona, misdemeanor crimes do not carry a prison sentence. If you start resisting arrest and an officer has to use additional force to subdue you, and that officer is placed in apprehension of physical injury, an aggravated assault charge can be tacked onto the resisting arrest charges. A class one misdemeanor carries heavier penalties, with a jail sentence of up to six months, probation, and a fine of $2,500 plus an 84 percent surcharge. § 13 … Assault; classification. A Class 6 felony … Aggravated assault comes with harsher penalties than simple assault in Arizona. Felonies in Arizona are punishable by a year or more in state prison. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a misdemeanor immediately upon conviction. If a person’s airway is restricted that would constitute an aggravated assault. Phoenix, AZ 85004 Unfortunately, as the uninjured party in the altercation, the defendant is believed to have caused the harm. Arizona has a wide range of misdemeanor offenses. A simple example of this is poking a sibling, who says, “Quit poking me.” You’re not injuring them; you are just trying to provoke them. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. 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