In Arizona, misdemeanor criminal damage charges are nothing to be taken lightly. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. Neglecting the scope of implications could lead to life-changing consequences. In Arizona, the definition of assault can be found in A.R.S. Assault charges can either be classified as a misdemeanor or a felony. Scottsdale, AZ 85250 Generally speaking, you are probably looking at a fine and some probation time. Arizona has a wide range of misdemeanor offenses. What are the Misdemeanor Assault Laws in Arizona? In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. Misdemeanor assault is a very common offense in Arizona. Felony charges are more severe than misdemeanors, but that does not mean anyone … Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. To learn about aggravated assaults, see Aggravated Assault in Arizona. 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. At times an imprisonment may be served at another place under the custody of the state department of corrections. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. More than 10 000 people died in car accidents where alcohol was involved. Class 1 Misdemeanor Penalties in Arizona. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. Arizona law classifies misdemeanor offenses based on the severity of the offense committed. For a free consultation, call our offices at (602) 737-2812 or contact us through our secure, confidential web form. In Arizona misdemeanor offenses are jury eligible for two reasons. The penalties for each class of misdemeanor are based on A.R.S. The main purpose of Arizona misdemeanor diversion programs is to help a first-time offender understand the consequences of their actions. With “wobbler” laws as they are in Arizona, it is very important that you are sufficiently represented in court to reduce the sentence as much as possible. 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 conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … Any time there is a weapon or dangerous instrument involved, that’s another aggravating factor. 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. While misdemeanor charges come with fewer consequences and lighter penalties than felony charges, they still have serious and permanent effects. 5111 N. Scottsdale Road, Suite 275 If you enter someone else’s home with the intent to commit an assault, that can be an aggravating factor. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … In Arizona, you can be charged with a class 3 misdemeanor simply by pushing someone with the intent to provoke them into starting a fight. 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. Bretton Barber assists people in such situations. 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. Despite not being a felony, misdemeanor assault charges can be serious, and the penalties can be harsh. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of misdemeanor that Arizona has. There are about 11 different aggravating factors, with four of them as the most common. Felonies in Arizona are punishable by a year or more in state prison. Unfortunately, as the uninjured party in the altercation, the defendant is believed to have caused the harm. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. 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. 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 currently facing a burglary offense, then you may have been charged with one of these statutes. DM Cantor has the experience to help you fight assault charges and clear your name. When it comes to crime, there are generally different levels of charges you hear about. Our firm has handled thousands of misdemeanor charges across Arizona. Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Class 3 Misdemeanor Assault. Assault; classification. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. Arizona Felony Assault Laws – A.R.S. Charges may be brought when one injures another person in some way, when one threatens another person with injury, or when one causes another person to fear that they will be injured. Misdemeanor vs Felony DUI in Arizona. In early August, Michael Flaminio, … For more information on Misdemeanor Assault In Arizona, a free case evaluation is your next best step. (1) Intentionally, knowingly or recklessly causing any physical injury to another person; or. DM Cantor features may former prosecutors on staff and Martindale Hubbell® has given the firm the highest rating available, AV®. Understanding Arizona Misdemeanor Classes. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. Assault A.R.S. 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. And a Class 3 Misdemeanor … Simple assault is a Class 1 misdemeanor if done intentionally and an injury results. A. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor. However, the Arizona legislature has since rectified the situation by passing A.R.S. Examples of assault can include poking, pushing, biting, pinching, … 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. It’s stressful dealing with the procedure and potential consequences. This offense sometimes referred to as “simple assault” charges. The goals of Arizona misdemeanor diversion programs. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of … If you have been charged with a misdemeanor in Phoenix, Arizona then the first step is to contact an attorney. In Arizona, simple assault charges can arise under three different scenarios. Do you even know the difference? If you are currently facing a burglary offense, then you may have been charged with one of these statutes. This helps them learn how to make better choices while making amends to their victims. We will keep you advised and aware of everything we are doing. Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. Misdemeanor Assault in Arizona explained by our former Misdemeanor and Felony Prosecutor, turned defense attorney, Henry Beam. Arizona Misdemeanor Classifications and Penalties. A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or This statute states that "a person commits assault by". 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. 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. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. Phoenix, AZ 85004 This charge does not require you to even touch another person. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. The maximum punishments for misdemeanors are outlined by A.R.S. • Arizona Felony and Misdemeanor Sentencing Ranges. It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. I currently live in Nevada. §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. 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. Do I need even need a criminal speeding attorney? According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. Arizona misdemeanor assault is defined as follows: 13-1203. It’s stressful dealing with the procedure and potential consequences. The aggravating factor is just simply that a police officer was involved. Many charges associated with driving under the influence are considered misdemeanors. A Class 6 felony … Will Nevada extridite me to - Answered by a verified Criminal Lawyer In Arizona, assault charges can result from many different scenarios. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. Arizona Ignition Interlock Device Violations, Scottsdale City Court Criminal Arraignment. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. The last aggravating factor is if a person uses a deadly weapon or threatens to use a simulated deadly weapon. In Arizona, misdemeanor crimes do not carry a prison sentence. If a person is convicted of assault that person is often facing a jail sentence. Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense. 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. For Family Law questions please go to Cantor Law Group. Call us today to speak with an attorney immediately! DM Cantor can also assert more general defenses on your behalf, such as violation of Constitutional rights such as your right to an attorney or your Miranda rights. 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. Ref: Arizona ARS 13-1203 Driving while intoxicated or under the influence is a life-threatening and serious issue in the USA. 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. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. We offer free case evaluations and affordable payment plans. 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. 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. If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. 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. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. In Arizona misdemeanor offenses are jury eligible for two reasons. 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. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. When it comes to crime, there are generally different levels of charges you hear about. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Misdemeanor Assault has three different classifications. Phone: (602) 307-0808. Misdemeanor Criminal Damage in Arizona. The most common type of assault involves touching another person. Misdemeanor DUI in Arizona. Phone: (602) 833-4548 (Ariz. I have a warrant for a misdemeanor assault charge in Arizona. And a Class 3 Misdemeanor … If it causes physical injury and was done intentionally, that makes it a Class 1 misdemeanor. Vulnerable populations may include children, the elderly, persons with physical or mental disabilities, or low income families. 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. We may also be able to fight your charges by identifying misleading or inaccurate police reports, improperly conducted line-ups, invalid search warrants, forensic flaws, or inaccurate crime scene reconstruction. There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. Misdemeanor Assault Laws in Arizona If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. §13-1203 or Domestic Violence Assault A.R.S. Simple Assault & Misdemeanor Assault. Fax: (602) 428-7050, 12725 W. Indian School Rd, Suite E-101 Avondale, AZ 85392 Arizona criminal defense lawyer working to protect those charged with a misdemeanor due to an assault. §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 … In 2014 more than one million people were arrested for driving under the influence of alcohol or drugs. Misdemeanor Assault convictions may carry up to one year in jail, but not in prison. 40 N Central Ave, Ste 2300 This can be by punching or kicking somebody and causing some physical injury. It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. In early August, Michael Flaminio, … This article is in reference to misdemeanor or simple assault. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. At times an imprisonment may be served at another place under the custody of the state department of corrections. If a person’s airway is restricted that would constitute an aggravated assault. Do you even know the difference? 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. When your freedom and reputation is on the line, getting the best defense possible is crucial. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. B. Based on this Arizona statute, the least severe form of misdemeanor that may result in jail time is a Class 3 misdemeanor. Ann. Arizona differentiates between misdemeanor assaults and aggravated assaults —the latter are more serious. For example, an aggravated assault constitutes a serious physical or life-threatening injury to an individual. Pima County corrections officer Michael Flaminio is facing 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. Because of this … 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. 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. Understanding the differences is essential for fighting your charges to the best of your ability. As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. As such, swearing, taunting, and threatening can all result in assault charges in Arizona. Aggravated assault is any one of those misdemeanor assaults, but has an additional aggravating factor. 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. No. (2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. 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. Aggravated assault comes with harsher penalties than simple assault in Arizona. Misdemeanor crimes can call for a term of imprisonment in a county jail facility. If you injure someone recklessly, rather than intentionally, it is the lesser charge of a Class 2 misdemeanor. That is the most common one that we see. Under Arizona law, a class 2 misdemeanor assault requires the State to prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. The maximum sentence for an assault is six months in jail and a $2,500 fine. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Hire an Assault Attorney in Phoenix That Can Help. Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. §13-3601. § 13-1204 (A) Misdemeanor assault is a very common offense in Arizona. 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. The most common type is what most people normally think about when they think of "assault" or "battery" which involves physically harming another person. Neglecting the scope of implications could lead to life-changing consequences. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. Penalties also depend upon your history. 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. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. A lawyer can explain what to expect as your case progresses, advise you of your rights, and and help you to understand your options. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. 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. 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. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. Pushing, hitting, pinching, biting, and slapping are all examples of assault. 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. §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. This carries a maximum sentence of 30 days in jail, a $500 fine, and up to 12 months of probation. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. If you have been charged with assault in the Phoenix Metro area, or anywhere in Arizona, a strong defense is a must. Misdemeanor Assault in Arizona. Felonies in Arizona are punishable by a year or more in state prison. Often, when one is accused of fighting, self-defense is a reliable legal defense to the charges. Stat. Don' t know what misdemeanor assault is in the state of Arizona? TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. 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. In Arizona, per A.R.S. The bigger concern is whether the charge will have a domestic violence designation. Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. In the state of Arizona, anyone who seeks employment to work with a vulnerable population or in a place of trust must gain security clearance first. 36-year-old Michael … Understanding Arizona Misdemeanor Classes. Assault charges do not involve weapons, as the addition of a weapon upgrades the charge to aggravated assault. That’s a Class 1 misdemeanor, but that’s the only one that needs to have an actual injury. David Michael Cantor has been Certified as a Criminal Law Specialist by the Arizona Board of Legal Specialization, and he and the rest of the firm are featured in the Bar Register of Preeminent Lawyers®. 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. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. 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. A conviction for misdemeanor assault requires proof beyond a reasonable doubt that the defendant did any of the following: Intentionally, knowingly or … DV Assault or domestic violence assault is one of the easiest cases to get dismissed. Even if you’ve never committed a crime in the past, you should approach the situation seriously. Even if you’ve never committed a crime in the past, you should approach the situation seriously. The only assault that requires an injury is called an A1. Understanding the differences is essential for fighting your charges to the best of your ability. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. Rarely are penalties as extensive as that, unless there is some sort of egregious circumstance. You can also be charged by touching them indirectly through the use of an object, like pouring a beverage on them. 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