Articles Tagged with misdemeanor assault

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona

Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to rise in 2013.
Incident reports and service calls for criminal violations in and around ASU are taxing Tempe and ASU Police resources.

Police report that the type of crimes that have increased include violent crimes, assaults, binge drinking, underage drinking, disorderly conduct, and criminal property damage. At least two deaths this year were reportedly linked to violence between fraternity rivals, while many others were seriously injured. Many of these are crimes against victims and carry the harshest sentencing of any crimes in Arizona.
Tempe officials are proposing ordinance changes making it easier to crack down on off-campus parties, while local police agencies seek out and making arrests for underage drinking laws, assaults, and other violent crimes.

Assault Crimes may be charged as Misdemeanors under A.R.S. 13-1203 or Aggravated Felonies A.R.S. 13-1204, depending on circumstances and nature of the offenses.
A person may be found guilty of misdemeanor assault in Arizona if they do one of the following:

(1) Intentionally, knowingly or recklessly injure someone else’s body;
(2) Intentionally give someone else a reason to fear they will be harmed;
(3) Knowingly touch another person in order to provoke, injure or insult the person.

Misdemeanor assault may be punished with up to one year in prison and maximum fines of $2,500. You may also have to pay restitution to the victim.

A prosecutor may elevate a misdemeanor assault to an aggravated (felony) assault charge in eleven different circumstances. Felony aggravated assault carries significantly greater penalties than misdemeanor assault. For example, felony aggravated assault may be punished with 15 years of imprisonment, as well as the stigma of a felony conviction, loss of a professional license, ineligibility to own or possess a firearm and many other harsh consequences.

A few of the eleven circumstances in which a defendant who is 18 years old or older may be charged with aggravated assault include those where he: causes “serious bodily harm”, uses a weapon or dangerous instrument, enters a private home with the intent of committing the assault, assaults someone who is 15 years old or younger, or assaults people of certain professions while they are working (including teachers, nurses, prison officials, fire department members, and paramedics).

Felony aggravated assault may also be charged if someone commits one of the forms of simple assault described above and also intentionally or knowingly prevents “the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument”, and a domestic relationship exists. In other words, this special type of aggravated assault can be charged against someone who attempts to strangle a domestic partner.

A few weeks ago, the Court of Appeals ruled on a case involving both simple assault and aggravated assault. In the case, a couple was arguing via text messages. When the male partner came home, he grabbed the woman, knocked her head, and squeezed her neck. Later he pressed his arm against her throat and told her to leave.

The male partner was charged with aggravated assault for strangling her, simple assault for knocking her head, and also for trying to stop her breathing a second time. The jury convicted him of the first and last charge. He was sentenced to eight years in state prison.

The defendant appealed on the grounds that the charge of aggravated assault related to strangulation was unconstitutionally vague (among other reasons). He claimed that nobody in Arizona could know what the statute meant by “normal” breathing or circulation and he referred to the state’s own expert who testified that it was difficult to say what “normal” breathing was, even in medicine.

The defendant also argued that his due process rights were violated because all three forms of simple assault were included within the aggravated assault charge. He further argued that the jury should have been instructed as to which type of assault he had committed.

The appellate court explained that even though “normal” is a relative term, it is not unconstitutionally vague. Plainly read, the statute prohibits stopping another person’s normal or typical breathing. The court also explained that this type of aggravated assault is a unique offense, not just another variation on the eleven circumstances that turn simple assault into felony aggravated assault. Ultimately the court affirmed the defendant’s sentence.

In many cases, these crimes have been serious and resulted in felony charges. Penalties are severe if convicted. Criminal penalties can include jail or long term prison sentencing; large fines, fees, assessments; restitution; counseling, probation, or community services, victim restitution, and other court ordered penalties. But the consequences are much broader than criminal penalties. A student may be suspended or expelled from school or athletic teams, lose scholarships, residency status as a US Citizen, termination from their job or lose opportunities for future employment, become ineligible for school loans, and have a criminal record, lose driving privileges, and lose other rights that they currently enjoy.

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Misdemeanor Assault Phoenix AZ

Assault charges may be brought as Misdemeanor or Felony charges. Both are serious offenses in Arizona if convicted. If you were arrested, you have the right to defend your charges. This is the most effective, if you retain an attorney to protect your rights, and provide a defense on your behalf. In order to prosecute the State will need to prove beyond reasonable doubt that you purposefully; intentionally, or recklessly assaulted another person.

Definitions
A person may be guilty of Misdemeanor Assault under A.R.S. § 13-1203 if their conduct knowingly, intentionally or recklessly:
1. Causes physical injury to another person;
2. Places another person in reasonable apprehension of present physical injury; or
3. Touches another person with the intention to insult, provoke or harm them.

Misdemeanor Classifications for Assault
A.R.S. § 13-1203 1. Class 1;
A.R.S. § 13-1203 2. Class 2;
A.R.S. § 13-1203 3. Class 3
Sentencing for Assault in Phoenix AZ

Prison terms to do apply to Misdemeanor convictions in Arizona. However, under A.R.S. § 13 – 707 sentencing can include jail terms of six months in jail for a Class 1 Misdemeanor; Four months in jail for a class 2 Misdemeanor; and thirty days in jail for a class 3 misdemeanor.

Fines and Penalties for Misdemeanor Assaults

Fines for A.R.S. § 13 – 802 Misdemeanor will be ordered by the court of not more than the following amounts for individual convictions (excluding enterprises):
A. Class 1 – up to $2,500.00;
B. Class 2 – up to $750.00;
C. Class 3 – up to $500.00
Other penalties may include assessment fees;, court costs; restitution to the victim; terms of probation; community service and/or anger management counseling.
Burden of Proof

For the Police to make an arrest, they must have “probable cause” to believe that a crime of assault was committed and that the suspect was the one who committed it. An arrest, however is not a conviction. In order to prosecute a person for assault the state of Arizona and its prosecution must prove “beyond a reasonable doubt” that a person’s conduct was purposefully intended; with knowledge; or recklessness harmed another person. This means that objective evidence will be needed. Such evidence can include consistent eye witness statements, photos, surveillance footage, DNA testing results and other material evidence.

Assault Lawyer for Defense Phoenix AZ

It is critical that you retain experienced legal representation if you face any type of assault crime. There may be defenses that you are not aware of that if used may lead to a partial or complete dismissal of charges, or reduction of sentencing. Every case has its own set of circumstances, for which certain defenses are effective. You should consult an attorney who defends assault charges on a regular basis, in the jurisdiction where you were arrested, to discuss you matter and defense options. They will advise you further if retained.

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Assault Defenses Scottsdale, AZ
“Once the Scottsdale police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Scottsdale, AZ.”

Assault charges in Scottsdale AZ are serious. You should consult an experienced criminal defense attorney who defends assault charges on a regular basis in Scottsdale, AZ criminal justice system and Scottsdale Court. Many top assault defense lawyers and Scottsdale criminal attorneys who defend cases in Scottsdale AZ offer free consultations for assault charges if you have been arrested for a Scottsdale Assault or charged with any type of assault in Scottsdale AZ.

Criminal and DUI charges in Scottsdale AZ are governed by the rule of law of the State of Arizona. Arizona law differentiates assault charges into two main classifications:

1) Misdemeanor assault; Arizona Criminal code A.R.S. 13-1203
2) Felony Assault or “aggravated assault; Arizona Criminal code A.R.S. 13-1204
Both involve harm or intent to harm another or others, and carry harsh penalties if convicted in Arizona. For these reasons it is strongly recommended that you consult a Scottsdale criminal lawyer or criminal attorney who defends assaults in Scottsdale Court and is familiar with the Scottsdale criminal justice system, to discuss your charges. You should be able to get insight on severity of the charges, potential sentencing if convicted, and defense options legal representation and defense by that Attorney for Scottsdale assault charges.

Misdemeanor Assault Laws in Scottsdale AZ:
A misdemeanor assault in Scottsdale includes but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation;
4) Causing another person to reasonably feel that physical injury in imminent.
The Arizona prosecution bears the burden of proof that a defendant’s actions were intentional, and purposeful. Misdemeanor assault penalties in Scottsdale AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault or Aggravated Assault Scottsdale AZ:
Felony or aggravated assaults in Scottsdale, AZ, are far more serious than misdemeanor assaults. Additional aggravating factors exist that elevate a misdemeanor assault charges to an “aggravated” or “felony” assault charge. Here are some examples of aggravating factors. (This list is not all inclusive):

1) Causing “serious physical injury” to another person, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist;
4) Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) Someone commits assault while violating a valid order of protection or restraining order;
6) A person takes or attempts to gain control of a police officer’s firearm or other weapon;
7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor;
8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Criminal Lawyers in Scottsdale | Assault Defense
Scottsdale Arizona Felony and Aggravated Assault charges are extremely serious, offenses. If convicted of Felony Assault or Aggravated Assault charges in Arizona, Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime; exorbitant fines, and fees; court ordered counseling programs; and restitution to the victim; other punishments the Scottsdale court determines is necessary and appropriate. Indirect impacts of a conviction on your life include loss of freedom, adverse effects on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future.
You should resist the temptation to “tell your side of the story”. Once the Scottsdale police have decided to arrest you for assault charges, they rarely if ever change their mind. It would be wise to exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Scottsdale, AZ. You may unknowingly harm your case verbally or by actions that you take. Instead contact a good Scottsdale criminal defense attorney or assault defense lawyer who defends assault charges frequently in Scottsdale Court.

A qualified criminal defense will be your voice, tell your side of the story and present compelling arguments in your defense, through the proper legal channels. This includes attempting to get evidence suppressed, negotiating with the prosecution, filing the proper motions, fighting for your at hearings and trial if necessary. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

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Assault Defense Gilbert, AZ
“Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ.”

Assault charges in Gilbert AZ are serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Gilbert, AZ in the criminal justice system. The best assault defense lawyers and criminal defense attorneys who defend cases in Gilbert AZ offer free consultations for assault charges if you have been arrested for a Gilbert Assault or charged with any type of assault in Gilbert AZ.

Assault Charges in Gilbert are governed for the rules of Arizona State Laws. Arizona law separates assault charges into two main categories:

1) Misdemeanor assault; Arizona Criminal code A.R.S. 13-1203
2) Felony Assault or “aggravated assault; Arizona Criminal code A.R.S. 13-1204
Both involve harm or intent to harm another or others, and are viewed as serious offenses with harsh penalties in Arizona. For these reasons it is highly recommended that you consult criminal defense lawyer who defends assaults in Gilbert Court frequently to discuss your charges, potential penalties, and defense options for your Gilbert assault charges.

Misdemeanor Assault Laws in Gilbert AZ:
A misdemeanor assault in Gilbert includes but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation;
4) Causing another person to reasonably feel that physical injury in imminent.
The Arizona prosecution bears the burden of proving that the defendant’s actions involved “intent” and knowledge and were purposeful. Misdemeanor assault penalties in Gilbert AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault or Aggravated Assault Gilbert AZ:
Felony or aggravated assaults in Gilbert, AZ, are far more serious than misdemeanor assaults. Other aggravating factors exist that may elevate a misdemeanor assault to “aggravated” or “felony” assault charges. Here are some examples of aggravating factors. This list is not all inclusive of those circumstances:

1) Causing “serious physical injury” to another person, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist;
4) Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) Someone commits assault while violating a valid order of protection or restraining order;
6) A person takes or attempts to gain control of a police officer’s firearm or other weapon;
7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor;
8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Assault Charges Defense Lawyer Gilbert, AZ
If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime, exorbitant fines, fees, court ordered counseling programs, restitution to the victim. Indirect impacts of a conviction on your life include loss of freedom, adverse effects on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Gilbert court determines is necessary and appropriate.

You should resist the temptation to “tell your side of the story”. Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ. You may unknowingly and unintentionally harm your case. Instead contact a good criminal defense attorney or assault defense lawyer defends assault charges frequently in Gilbert Courts. They will be your voice, tell your side of the story and present compelling arguments in your defense, through the proper legal channels. This includes attempting to get evidence suppressed, negotiating with the prosecution, filing the proper motions, fighting for your at hearings and trial if necessary. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

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Assault Defenses in Phoenix, AZ

If you were arrested for assault charges, felony aggravated assault charges in Phoenix, AZ, that does not mean you are “guilty” and will automatically be convicted of the offense. You have the right to obtain a good Phoenix Criminal Attorney and or assault defense lawyer who defends cases frequently in Phoenix Courts. You must either plead guilty or found to be guilty in a Phoenix court of law in order to be convicted and sentenced to punishment. You may be feeling overwhelmed about the ordeal now, you can change things and increase your chances of freedom and avoid a conviction. With a top criminal defense Attorney who defends assault charges in Phoenix, AZ, you can fight your charges. Your chances of getting the assault charges dismissed reduced or a favorable outcome in your case will drastically increase. Defenses exist that can be used under the appropriate circumstances by a qualified criminal defense attorney on your behalf, through the Criminal Justice system.

Phoenix Assault, Aggravated Assault Criminal Justice System

Assault Defense Lawyer Phoenix, AZ

“..A good Phoenix, AZ criminal Attorney or assault defense lawyer who frequently defends assault charges in Phoenix will be your voice, tell your side of the story and present compelling arguments in your defense.”

Assault charges in Phoenix AZ are serious. They should be taken very seriously. It is important for you to consult an experienced criminal attorney who defends assault charges in Phoenix on a regular basis to discuss your case, potential penalties if convicted, and options for Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Phoenix AZ offer free consultations or assault charges or if you have been arrested for a Phoenix Assault offense.

Assault Defense in Arizona

If you were arrested for assault charges, assault and battery charges, or felony aggravated assault charges, remember, that you have not yet been convicted of the offense. You have the right to obtain a top Arizona Criminal Attorney and or assault defense lawyer in Arizona. And you must either plead guilty or found to be guilty in a Phoenix court in order to be convicted and sentenced to punishment. You may be feeling overwhelmed right now, but there is hope. With a good Phoenix criminal defense Attorney you can fight your charges and your chances of getting them dismissed, charges reduced, or a favorable outcome in your case will drastically increase. Defenses exist that can be used under the applicable circumstances that may be used by a qualified criminal defense attorney on your behalf, that can be used through the Criminal Justice system.

AZ Assault, Aggravated Assault Criminal Justice System

Assault Defense Mesa, AZ

“Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Mesa AZ offer free consultations for assault charges if you have been arrested for a Mesa Assault or charged with any type of assault in Mesa AZ.”

Assault charges in Mesa AZ can be serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Mesa, AZ in the Criminal Justice System to discuss your charges, potential penalties if convicted, and options for Mesa Arizona assault defenses. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Mesa AZ offer free consultations for assault charges if you have been arrested for a Mesa Assault or charged with any type of assault in Mesa AZ.

Assault Defense Tempe, AZ

Assault charges in Tempe AZ are serious. You should consult an experienced criminal attorney in Tempe who defends assault charges on a regular basis in the Criminal Justice System to discuss your case, potential penalties if convicted, and options for Tempe Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Tempe AZ offer free consultations for assault charges if you have been arrested for a Tempe Assault or charged with any type of assault in Tempe AZ.

Assault Charges in Tempe fall under the laws of the State of Arizona. Arizona law separates assault charges into two classifications:

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