Simple Assault is one of the most commonly charged offenses in Arizona. But the charges and penalties vary substantially depending upon the specific factual allegations, and range from class 3 misdemeanors (maximum 30 days in jail) to class 2 felonies (presumptive sentence of five years in prison for a first offense). Given the wide range of charges, as well as the serious penalties that may be involved, it pays to retain the services of an experienced Phoenix criminal attorney for your defense.
At Feldman & Royle, we place the interests of our clients first. Our goal in each and every case is to ensure that everything that can be done will be done to provide you, the client, with the best chance of a successful outcome, whether that means a dismissal, a reduction in the charges, or a not guilty verdict. Call us today for a free consultation.
Not all assault charges are equal, in terms of their classification, or in terms of their potential consequences. The basic categories of simple assault under the A.R.S. § 13-1203:
While the penalties for these offenses could involve jail time in some cases, there are a number of other assault and assault-related charges that are treated much more harshly under Arizona law. They include aggravated assault, threatening or intimidating, and endangerment, among others.
The difference between simple assault and aggravated assault generally involves either (a) the effect of the assault on the alleged victim, (b) the manner in which the assault is committed, or (c) the status or condition of the alleged victim. In fact, there are close to a dozen different variations of aggravated assault, all of which are felony charges. They all include a simple assault, plus at least one of the following conditions:
All the aggravated assault charges are felonies. The particular level of the charge will depend upon the nature of the assault, and in some cases factors such as the age or status of the victim. An experienced criminal lawyer may be able, depending upon the circumstances, to have an aggravated assault charge reduced to simple assault, thereby decreasing substantially the potential consequences in the event of a conviction.
There are other crimes grouped under the general heading of assault in the Arizona Criminal Code. While perhaps not within the traditional definition of assault, they nevertheless set forth certain acts that are illegal, and that are classified as misdemeanors or felonies. The following are two of the more commonly charged related offenses:
The assault statutes also cover a number of other acts, including drive-by shootings, discharge of firearms, use of an attack dog, and others.
The difference between assault and aggravated assault, and the differences among the various charges (for example, threatening vs. simple assault), are not always easy to spot or to understand. You may, for example, be charged with a felony in a case where the appropriate charge is a misdemeanor, or another (less serious) charge altogether.
Whatever assault charge you may be facing, you owe it to yourself to hire the best criminal defense lawyer you can, one who understands and has experience defending assault and assault-related cases. At Feldman & Royle, we understand the law, we understand the criminal justice system, and we specialize in defending clients charged with various criminal offenses, including assault and aggravated assault. Contact us concerning your pending charge. Our attorneys will discuss the case with you, and provide you with a sound strategy for defending your case. During the course of his representation, we will make sure that all available avenues are explored and developed, thereby providing you with the best chance for a successful result.