Assault charges are not taken lightly by law enforcement in Phoenix. If you have been accused of physical, verbal, or sexual assault, you could be facing significant prison time, fines, and damage to your personal and professional life.
While you may feel scared and out of your depth when facing assault accusations, remember that help is available. A committed assault lawyer in Phoenix can evaluate your case, build a strong defense, and fight for you in court.
Reach out today to speak with a skilled Phoenix criminal defense lawyer at Grand Canyon Law Group. With over 100 years of combined experience, you can trust us to defend you with knowledge and confidence.
Defining Assault in Arizona
Arizona Revised Statutes §13-1203 lays out the definition of assault. Under this statute, you could be charged with assault if you:
- Intentionally or carelessly cause harm to another person
- Intentionally make someone afraid that they will suffer harm
- Touch an individual with the intent to harm them
Generally, assault charges are misdemeanors. However, when an alleged assault involves a deadly weapon, a vehicle, or occurs after trespassing, this is classified as aggravated assault, which is a felony.
A knowledgeable Phoenix attorney can help someone charged with assault to understand the severity of their offense and the potential penalties associated.
Understanding Phoenix Courts and Jurisdiction in Assault Cases
Where an assault case is handled can depend on the criminal charges and the circumstances of the alleged offense. Assault cases in Phoenix may involve different courts and procedures depending on whether the allegation is charged as a misdemeanor or felony.
At Grand Canyon Law Group, our dedicated assault lawyers in Phoenix can help you understand which court has jurisdiction over your case, what to expect from the process, and how your case may proceed through the Arizona court system.
For a free legal consultation with an assault lawyer serving Phoenix, call 480-400-5555
Potential Consequences of Misdemeanor Assault Charges in Phoenix
Misdemeanor assault charges can fall into three classes. Intentionally causing harm to someone is a Class 1 misdemeanor and could result in six months in prison and a penalty of $2,500.
Deliberately making someone afraid that they will suffer harm is a Class 2 misdemeanor, which is punishable by up to four months in prison and a maximum fine of $750.
A Class 3 misdemeanor could be charged when someone touches another person with the intention to injure or insult them. This is the least severe assault charge and is punishable by up to 30 days in prison and a fine of up to $500. Each of these penalties is dependent on the charge being for a first offense.
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When Does Assault Become Aggravated Assault?
Aggravated assault occurs when a significant injury occurs or when the alleged offender uses a deadly weapon or other objects during the assault. Aggravated assault also includes any form of physical assault against a police officer or firefighter, a minor aged 15 years or below, and the kind that involves serious deformity.
Consequences of Aggravated Assault Charges
Aggravated assault can vary greatly given the nature of an alleged offense. When settling on a penalty, the court will evaluate the nature of the offense, the argument made, the suspect’s conduct, the complainant’s damages, the suspect’s criminal history, and many other considerations. The potential sentencing ranges for each level of felony assault are as follows:
- Class 2 felonies: Prison time between three and 12.5 years
- Class 3 felonies: Prison time between two years and eight years and nine months
- Class 4 felonies: Prison time between one year and three years and nine months
- Class 5 felonies: Prison time between six months and two and a half years
- Class 6 felonies: Prison time between four months and two years
An individual convicted of assault can also face obligatory probation, community service, and restitution on top of prison time. It is important to keep in mind that these sentences apply to first-time charges only, and those with a criminal record could face increased penalties.
Felony charges may jeopardize someone’s civil rights, such as their ability to vote and possess firearms. It is crucial to work with an experienced Phoenix assault attorney who can fight for reduced penalties and work to ensure a defendant’s way of life is protected.
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Justification Defenses to Assault Charges
Arizona law allows for certain situations where the use of force may be considered legally justified. Whether that defense applies depends on what actually happened. What led up to the incident and why the person used force can both make a difference.
Some potential justification defenses may include:
- Self–defense: A person may be justified in using physical force when they reasonably believe it is immediately necessary to protect themselves from another person’s unlawful physical force.
- Defense of others: In certain circumstances, a person may use justified force to protect another individual from unlawful physical force.
- Defense of property: Arizona law may allow the use of physical force in certain situations involving the protection of property.
- Other justified uses of force: Additional circumstances may support a justification defense depending on the facts and applicable Arizona law.
Our team at Grand Canyon Law Group can examine the circumstances surrounding the accusation and determine whether a justification defense may be relevant to your case.
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Reasonableness and Imminent Threat in an Assault Defense
The details of the incident matter. They can help determine whether the use of force was justified. Your defense may focus on whether you reasonably believed you needed to use force to protect yourself or someone else from an immediate threat.
The nature of the threat, the amount of force used, and what the person knew or reasonably believed at the time can all matter. At Grand Canyon Law Group, our law firm can review the available evidence and help explain how these factors may affect your assault defense.
What Happens During the Assault Arrest Process in Phoenix?
Arrests often happen at the time of or shortly after the alleged assault, especially when it occurs in public. However, an arrest could also come hours or even days after a report is made to law enforcement.
If you are arrested for assault, police will usually explain your Miranda rights before questioning you in custody. You have the right to an attorney and the right to remain silent. Anything you say could later be brought up and used against you in court.
After the arrest, the person charged with assault will receive official notice of the impending criminal case. The name of this document varies depending on whether the person is in police custody. While some people accused of assault are held until their arraignment, others are released on their own recognizance pending trial.
Assault Complaints and Summons
A person in custody receives a document known as a complaint. Anyone not in police custody is instead served with a summons. In either case, these documents provide a date and time for the accused to appear in court for the first time.
One of the most important pieces of information the accused will receive in a complaint or summons is the location of their arraignment hearing. Phoenix has multiple types of courts, including Superior Courts and Justice Courts.
Most of the time, misdemeanor cases are heard in Phoenix Justice Courts. Anyone arrested for assault in Phoenix should contact our local criminal defense attorneys to help prepare for the arraignment.
Your Right to Remain Silent
One of the most important things to remember during an assault arrest in Phoenix is the right to remain silent. Whether the police have mentioned this right or not, it is never a good idea to discuss any aspect of a criminal case with the police.
Anything the accused says to the police can be used in court. Admissions made by a defendant are often some of the strongest pieces of evidence raised by the state. It is vital to avoid saying anything after an assault arrest and instead ask to speak with a Phoenix lawyer.
What Should I Do After Being Arrested for Assault in Phoenix, AZ?
Once Maricopa County police decide to make an arrest for assault, there are important steps to take to protect one’s legal rights and future. For instance, avoiding contact with the alleged victim while the case is pending is a good idea.
The most important step in this process is speaking to a skilled Phoenix attorney experienced in handling assault arrests. Seasoned legal counsel from the Grand Canyon Law Group can help build an airtight defense strategy and prevent a conviction.
If you have been charged with assault, you have the right to speak with an Arizona attorney. The sooner you contact legal counsel, the better your chances are of avoiding severe repercussions. The steps you take after an assault arrest in Phoenix could significantly impact the outcome of your case.
Who Conducts Assault Investigations?
For the most part, assault investigations in Phoenix are handled by local police. Alleged acts of assault within the limits of the city are typically investigated by the City of Phoenix Police Department. The city police primarily have jurisdiction in these cases, although there are exceptions.
Some law enforcement officers, such as Arizona state troopers, could have statewide jurisdiction. There are also smaller police forces on some university campuses that could conduct an investigation.
No matter who oversees an assault investigation in Phoenix, the accused has the right to an attorney. It is best to seek legal counsel immediately instead of waiting for charges to be filed.
What Evidence Does an Assault Lawyer in Phoenix Look For?
The investigations into assault allegations are not always extensive. Unlike financial crimes or murder investigations, these cases are frequently resolved with an arrest shortly after the alleged assault. In some cases, an assault will happen near the law enforcement officer who makes the arrest.
Witness Testimony
When an alleged assault does not occur in front of a police officer, the first step in an investigation is generally an interview of the witnesses. This includes speaking with the alleged victim and any third parties present at the time.
Before agreeing to any police interviews, suspects in assault investigations should retain a Phoenix criminal defense lawyer.
Electronic Evidence
In addition to witness testimony, the police often seek electronic evidence when pursuing an assault investigation in Phoenix. This could include security or cell phone camera footage of the incident as it happened. When this footage is clear, it can serve as strong evidence in the case.
These investigations also frequently include a review of electronic communication. Obtaining the records could provide the police with insight into what happened. For example, text messages to or from the accused could shed light on who was the aggressor or if the alleged assault actually occurred.
How Can I Prepare For an Assault Case in Maricopa County?
Preparing for an assault case when you’re being accused involves gathering any relevant evidence that may support your defense, like photos, witness contact information, or any messages and recordings.
Avoid discussing your case with anyone other than your lawyer, as anything you say can be used against you.
Work closely with your attorney to review the details of your case and understand any possible defenses. Attend all court hearings, stay organized, and provide any documents or information your lawyer requests. Following these simple but key steps can help to ensure an ideal outcome in your case.
Frequently Asked Questions About Phoenix Assault Defense
If you are facing an assault charge in Phoenix, you may have questions about your rights, potential penalties, and what to expect next. At Grand Canyon Law Group, we help you understand the legal process and your options so you can make informed decisions about your defense.
What Is Considered Assault?
Assault is when someone intentionally or recklessly causes harm to another person and makes them fear harm. It can involve physical contact, like hitting or pushing, or threats that create fear of physical injury.
In some cases, even verbal threats or gestures can lead to assault charges if they make the victim believe harm is imminent. It’s important to understand that assault can be a misdemeanor or felony, depending on factors like the severity of the injury.
Can an Assault Lawyer in Phoenix Help Reduce My Penalties?
Yes, a Phoenix assault lawyer from our law firm can help reduce your penalties. They can evaluate your case and look for ways to challenge the evidence or negotiate with the prosecution. If your case is strong, they may help secure a plea deal that reduces charges or penalties.
They can also argue for alternative sentencing, like community service or counseling, instead of jail time. Having a lawyer can make a great difference in minimizing the legal consequences you face.
What Happens During an Assault Arrest?
After an assault arrest, police will typically read you your Miranda rights. This lets you know that you have the right to remain silent and the right to an attorney. You may then be taken into custody and booked, which usually involves recording your personal information and processing you into the system.
Depending on the case, you may be held until your arraignment or released on bail. It’s important that you avoid talking about your case to anyone but your criminal defense attorney, as anything you say can be used against you later.
Schedule a Free Initial Consultation With a Phoenix Assault Attorney Today
At Grand Canyon Law Group, our assault lawyers in Phoenix understand the importance of giving every client the individualized help and enthusiastic representation they require. If you are facing assault charges and are unsure of who to turn to for help, we are here for you.
Our team of committed defense attorneys has extensive experience in the courtroom and will fight tirelessly to get you the outcome you deserve. To discuss your case with a dedicated Phoenix assault lawyer, contact our office. We are available 24/7 to take your call.
Call or text 480-400-5555 or complete a Free Case Evaluation form
