Assault / Domestic Violence
Phoenix Assault/DV Attorney
Assault and Domestic Violence are considered violent crimes in Arizona. Assault is where a person recklessly or intentionally causes physical injury to another, puts another in reasonable and imminent apprehension of physical injury, or touches someone with the intent to insult, injure, or provoke.
Assault is commonly charged as a class 1 misdemeanor in Arizona where there is no serious physical injury. Minor marks left on a person’s body as result of the touching such as bruises, scratches, or red marks may rise to the level of misdemeanor assault.
Where serious physical injury occurs, or a deadly weapon or dangerous instrument is used, the offense will be charged as felony aggravated assault. This is a much more serious offense and a conviction may lead to a term of incarceration among other harsh consequences.
Start Building Your Defense Today
Our Scottsdale assault/DV attorney is ready to aggressively defend your case. As your first line of defense, we are dedicated to achieving the most favorable result possible for you and your family.
If you were arrested for assault or domestic violence and are looking for an attorney who will get to work defending your case immediately, you have come to the right place. Time is of the essence in a criminal prosecution and we are ready to defend you.
At Civil Rights Restored, we defend cases in Maricopa County including Phoenix, metro Phoenix area, Scottsdale, Tempe, Gilbert, Chandler, Mesa, Ahwatukee, Glendale, Avondale, and more.
If you are ready to start resolving your case, call us for a free consultation.
What is Assault / Domestic Violence in Arizona?
Phoenix Assault / Domestic Violence Attorney
Assault may be charged as a class 1 misdemeanor or felony aggravated assault, depending on the severity of injury to the victim and whether a weapon was used in the commission of the offense.
Misdemeanor Assault in Arizona
Misdemeanor assault is usually charged as a class 1 misdemeanor. However, it can also be charged as a class 2 or 3 misdemeanor depending on whether the act was done recklessly or whether there was no injury sustained by the victim.
A person commits assault under A.R.S. 13-1203 (2022) by:
- Intentionally, knowingly or recklessly causing any physical injury to another person; or
- Intentionally placing another person in reasonable apprehension of imminent physical injury; or
- Knowingly touching another person with the intent to injure, insult or provoke such person.
If the assault involves two people who are related, live together, are in a romantic or sexual relationship currently or in the past, it is considered Domestic Violence Assault. Domestic Violence in Arizona is defined in A.R.S. 13-3601 and carries harsh consequences on conviction such as a permanent criminal record, may be used against you in child custody and divorce matters, and the potential loss of the right to possess a firearm.
Felony Aggravated Assault
Aggravated assault is a felony in Arizona and requires that a misdemeanor assault must have taken place in order to satisfy the elements of the offense.
Aggravated Assault is defined in A.R.S. 13-1204 (2022), in part, as:
The person commits assault under any of the following circumstances:
- If the person causes serious physical injury to another.
- If the person uses a deadly weapon or dangerous instrument.
“Serious physical injury” includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
Consequences of an Assault / Domestic Violence Conviction in Arizona
Misdemeanor assault is often charged as a class 1 misdemeanor and a conviction carries a maximum sentence of 6 months jail, a $2,500 fine, and up to three-years probation.
Felony Aggravated Assault is often charged as a class 3 felony and a conviction carries a presumptive sentence of 3.5 years in prison, up to 5 years probation, and heavy fines, fees, and restitution.
The aggravated assault statute A.R.S. 13-1204 contains additional definitions of the offense not provided above and charges can range from a class 3 felony to a class 6 felony, depending on the circumstances. It is important to review your case with your defense attorney to go over the details and form the best defense strategy moving forward.
Loss of Civil Rights on Felony Conviction
If convicted of a felony in Arizona, you will lose certain civil rights such as the right to vote, hold public office, sit on a jury, and the right to possess a firearm. If you are employed as a police officer, are in the military, or other position where the use of a firearm is required, this means your livelihood is at stake.
Other Consequences of Felony Conviction in Arizona
A felony conviction remains on a person’s record in Arizona for their lifetime. It is able to used against you in any future prosecutions and may result in severe sentence enhancement. A felony conviction also causes a person to become ineligible for certain government assistance or loans, cause a person to lose their job, cause professional licensing issues, and results in heavy fines and penalties.
What We Provide as Your Assault / Domestic Violence Defense
We Find the Issues in Your Case and Fight the State’s Evidence Against You
At Civil Rights Restored, our Phoenix Assault/DV Lawyer prepares your case for trial from day one, regardless if you choose to go to trial or not. That is how we get results for you, with thorough and aggressive criminal defense.
We look at the facts of your case and how well the state conducted their investigation. We look at whether the police made any procedural mistakes, violated any of your Constitutional rights, engage expert witness analysis where applicable, and challenge the accuracy and reliability of the evidence. We are not afraid to file legal challenges – our goal is to weaken the state’s case against you and work for reduced charges, mitigated damage, or even full dismissal.
Contact Sheena Lemmons, Phoenix and Scottsdale assault lawyer today to get started. (480) 759-7479.
Defenses to Assault in Arizona
Assault cases are all unique with their own set of facts. Therefore, there are many potential defenses to assault charges and this underscores the importance of having your case reviewed by a skilled criminal defense attorney to address these serious charges.
Mental State for Assault and Aggravated Assault
In order for the state to prove a person committed aggravated assault, they must prove beyond a reasonable doubt that the person acted intentionally, knowingly, or recklessly with regard to the risks.
- “Intentionally” means that a person’s objective is to cause that result or to engage in that conduct.
- “Knowingly” means that a person is aware or believes that the person’s conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
- “Recklessly” means that a person knowingly disregards a substantial and unjustifiable risk that a reasonable person would observe in the situation.
Our goal is to challenge whether your actions were intentional, knowing, or reckless based on the circumstances. If your defense attorney successfully undermines the required elements of the offense, the prosecutor may dismiss the case.
For an aggravated assault conviction, the state must prove that you are the one who caused the result. If we can show that some other factor, an intervening, superseding cause, was the cause for the serious physical injuries, then the defendant would be released from culpability.
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We are dedicated to aggressively defending your case and work to get the most favorable results for your case as possible.
Resolve Your CaseFill out the contact form or call us at (480) 759-7479 to schedule your free consultation.
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