In Arizona misdemeanor offenses are jury eligible for two reasons. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. If you have a longstanding history of assaults, then you might have to do some jail time. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. Because of this … A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or. This charge does not require you to even touch another person. 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. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. Arizona Felony Assault Laws – A.R.S. B. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. 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. 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. In 2014 more than one million people were arrested for driving under the influence of alcohol or drugs. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. Simple assault is a Class 1 misdemeanor if done intentionally and an injury results. These are the most common aggravated assaults we see; along with the next aggravating circumstance. Arizona Ignition Interlock Device Violations, Scottsdale City Court Criminal Arraignment. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. 5111 N. Scottsdale Road, Suite 275 The bigger concern is whether the charge will have a domestic violence designation. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. §13-1203 or Domestic Violence Assault A.R.S. Misdemeanor Assault in Arizona. Misdemeanor Assault in Arizona explained by our former Misdemeanor and Felony Prosecutor, turned defense attorney, Henry Beam. In Arizona, misdemeanor crimes do not carry a prison sentence. Phone: (602) 833-4548 The goals of Arizona misdemeanor diversion programs. Misdemeanor assault charges will either be heard in Municipal Court or Justice Court, depending on where the … One is if the charge was jury eligible when Arizona was a territory, Arizona became State in 1912, that right is preserved on the Arizona Constitution. Ref: Arizona ARS 13-1203 A. Misdemeanor Criminal Damage in Arizona. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. If the assault is against a prosecutor, that’s an aggravated assault; likewise, if it’s against a firefighter or a judge, it can be an aggravated assault. 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. Misdemeanor Assault has three different classifications. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. In Arizona, misdemeanor criminal damage charges are nothing to be taken lightly. 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. In some cases, the alleged victim may desire that the charges are dropped, but because the State brings the charges, the alleged victim may be forced to testify against the defendant. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. Arizona Felony and Misdemeanor Sentencing Ranges. In addition to the penalties imposed by the justice system, you may find pursuing a job or education more difficult with assault charges on your record. Felonies in Arizona are punishable by a year or more in state prison. If the assault was committed on a relative, someone that you’re in a relationship with or just somebody that resides at your house like a roommate, then those situations will fall under domestic violence. Assault charges can either be classified as a misdemeanor or a felony. 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. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Don' t know what misdemeanor assault is in the state of Arizona? Many charges associated with driving under the influence are considered misdemeanors. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. A conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … Penalties also depend upon your history. If you enter someone else’s home with the intent to commit an assault, that can be an aggravating factor. In Arizona, misdemeanors are crimes that carry a potential punishment of up to six months in jail and/or a fine of up to $2,500. Even if you’ve never committed a crime in the past, you should approach the situation seriously. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … 36-year-old Michael … (2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or. Understanding Arizona Misdemeanor Classes. For more information on Misdemeanor Assault In Arizona, a free case evaluation is your next best step. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. Arizona’s assault laws even include using fighting words or verbal threats. In Arizona, the definition of assault can be found in A.R.S. A lawyer can explain what to expect as your case progresses, advise you of your rights, and and help you to understand your options. (Ariz. 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. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. What are the Misdemeanor Assault Laws in Arizona? I have a warrant for a misdemeanor assault charge in Arizona. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. I currently live in Nevada. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. The maximum punishments for misdemeanors are outlined by A.R.S. If you are accused of a misdemeanor: If you have been accused of a misdemeanor in Arizona, the very first thing you should do is contact an experienced criminal defense attorney. You can also be charged by touching them indirectly through the use of an object, like pouring a beverage on them. Another common aggravated assault is on a police officer. Neglecting the scope of implications could lead to life-changing consequences. Thus, our defense team works hard to present evidence that can show the judge what really happened by talking to witnesses, obtaining surveillance videos, and identifying those who may have witnessed the altercation but who were not included in the police report. Felonies in Arizona are punishable by a year or more in state prison. Based on this Arizona statute, the least severe form of misdemeanor that may result in jail time is a Class 3 misdemeanor. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. That’s a Class 1 misdemeanor, but that’s the only one that needs to have an actual injury. Misdemeanor Assault convictions may carry up to one year in jail, but not in prison. When someone goes up and punches someone, that is an intentional assault, and that would be a Class 1 misdemeanor, which is the highest misdemeanor. In Arizona, misdemeanor crimes do not carry a prison sentence. 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 courts categorize misdemeanor assault charges into three separate classes: Class 3 misdemeanor assaults involve touching another person with the intent to injure or provoke. 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. Any time there is a weapon or dangerous instrument involved, that’s another aggravating factor. 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. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. Understanding the differences is essential for fighting your charges to the best of your ability. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. §13-1203 “Assault,” occurs when a person either intentionally, knowingly or recklessly causes any physical injury to another person; knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in … A Reckless Endangerment Offense in Arizona is a Class 6 Felony. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. Misdemeanor Assault in Arizona Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. We offer free case evaluations and affordable payment plans. Do you even know the difference? 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. Misdemeanor vs Felony DUI in Arizona. For a free consultation, call our offices at (602) 737-2812 or contact us through our secure, confidential web form. Is Extreme or Super Extreme DUI a Felony in Arizona? Assault A.R.S. 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. To learn about aggravated assaults, see Aggravated Assault in Arizona. 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. 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. Call us today to speak with an attorney immediately! When your freedom and reputation is on the line, getting the best defense possible is crucial. §13-3601. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. Stat. ARS 13-1203 is the law that defines the different types of misdemeanor assault in Arizona. 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. Because of this broad definition, you don’t even need to be accused of fighting to be charged with assault; scaring someone into thinking you will hit them is enough. No. The main purpose of Arizona misdemeanor diversion programs is to help a first-time offender understand the consequences of their actions. 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. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of … As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. This offense sometimes referred to as “simple assault” charges. Will Nevada extridite me to - Answered by a verified Criminal Lawyer Neglecting the scope of implications could lead to life-changing consequences. And a Class 3 Misdemeanor … 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. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. 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. Misdemeanor crimes can call for a term of imprisonment in a county jail facility. While misdemeanor charges come with fewer consequences and lighter penalties than felony charges, they still have serious and permanent effects. Understanding the differences is essential for fighting your charges to the best of your ability. Misdemeanor Assault Laws in Arizona . This can be by punching or kicking somebody and causing some physical injury. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. 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. For Family Law questions please go to Cantor Law Group. DM Cantor has the experience to help you fight assault charges and clear your name. (1) Intentionally, knowingly or recklessly causing any physical injury to another person; or. For the most part, assaults are treated as class one (1) misdemeanors, but they may be lowered to class two (2) or three (3) misdemeanors due to mitigating circumstances such as lack of intent to commit the assault or absence of physical injury. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. Aggravated assault comes with harsher penalties than simple assault in Arizona. That is the most common one that we see. If you have been charged with assault in the Phoenix Metro area, or anywhere in Arizona, a strong defense is a must. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. In Arizona, misdemeanors are crimes that carry a potential punishment of up to six months in jail and/or a fine of up to $2,500. Do you even know the difference? Arizona Misdemeanor Classifications and Penalties. And a Class 3 Misdemeanor … What is Misdemeanor Assault in Arizona? Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor. Arizona law classifies misdemeanor offenses based on the severity of the offense committed. Phone: (602) 307-0808. 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