Arizona Assault Attorneys
In Arizona, assault charges are governed by Arizona Revised Statutes (A.R.S.) § 13-1203. This statute distinguishes between two primary categories of assault: simple assault and aggravated assault.
- Simple Assault (A.R.S. § 13-1203(A)): Simple assault is considered a Class 1 misdemeanor. It occurs when a person intentionally puts another individual in reasonable apprehension of imminent physical injury. Simple assault does not necessarily involve actual physical contact but rather the threat or attempt to cause harm. The penalties for a Class 1 misdemeanor in Arizona may include fines, probation, and up to 6 months of jail time.
- Aggravated Assault (A.R.S. § 13-1204): Aggravated assault involves more serious elements, such as causing serious physical injury or using a deadly weapon. Aggravated assault charges are classified into different degrees, ranging from Class 2 to Class 6 felonies, depending on various factors. These factors may include the severity of the injury, whether a deadly weapon was used, the relationship between the parties, and the victim’s status (e.g., law enforcement officers, teachers). The penalties for aggravated assault convictions are more severe, with potential consequences ranging from substantial fines to lengthy prison sentences.
Sentencing considerations in assault cases take into account several factors:
- Criminal History: A defendant’s prior criminal record can influence the sentencing outcome. Repeat offenders may face harsher penalties.
- Aggravating or Mitigating Circumstances: The presence of aggravating factors, such as the use of a deadly weapon, can result in more severe sentences. Conversely, mitigating factors, such as lack of criminal history or remorse, may contribute to a less severe sentence.
- Victim Impact Statements: The impact of the assault on the victim, including the extent of physical injuries or emotional distress, is also considered during sentencing.
It’s important to note that specific details in each case can significantly affect the charges and potential sentences. Legal representation is crucial when facing assault charges in Arizona to ensure a proper understanding of the specific circumstances and the best possible defense strategy tailored to the individual case. Always consult with a qualified attorney for the most accurate and up-to-date advice based on current laws.