Misdemeanor crimes can call for a term of imprisonment in a county jail facility. Often, when one is accused of fighting, self-defense is a reliable legal defense to the charges. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. Vulnerable populations may include children, the elderly, persons with physical or mental disabilities, or low income families. However, most people don’t know that assault … Misdemeanor Assault has three different classifications. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. 5111 N. Scottsdale Road, Suite 275 When your freedom and reputation is on the line, getting the best defense possible is crucial. DM Cantor features may former prosecutors on staff and Martindale Hubbell® has given the firm the highest rating available, AV®. Arizona Felony Assault Laws – A.R.S. Will Nevada extridite me to - Answered by a verified Criminal Lawyer This helps them learn how to make better choices while making amends to their victims. Get the information and legal answers you are seeking by calling (602) 833-5280 today. This can be by punching or kicking somebody and causing some physical injury. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. That is the most common one that we see. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. 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. Felonies in Arizona are punishable by a year or more in state prison. This article is in reference to misdemeanor or simple assault. Also, if someone is in prison or subject to custody in some sort of detention and commits the assault knowing that the victim is acting in their official capacity as an employee, it would be charged under the officer statute. In early August, Michael Flaminio, … The maximum sentence for an assault is six months in jail and a $2,500 fine. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of … Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. There are about 11 different aggravating factors, with four of them as the most common. If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. Assault A.R.S. 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. The only assault that requires an injury is called an A1. One is if the charge was jury eligible when Arizona was a territory, Arizona became State in 1912, that right is preserved on the Arizona Constitution. At times an imprisonment may be served at another place under the custody of the state department of corrections. 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. In Arizona, an assault conviction can carry meaningful consequences, despite its classification as a misdemeanor. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. Assault charges do not involve weapons, as the addition of a weapon upgrades the charge to aggravated assault. Two types of offenses that would be included are a Reckless Driving and Theft related offenses such as Theft or Shoplifting. The aggravating factor is just simply that a police officer was involved. Arizona’s assault laws even include using fighting words or verbal threats. 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. More than 10 000 people died in car accidents where alcohol was involved. 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. 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. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. 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. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. Misdemeanor assault charges will either be heard in Municipal Court or Justice Court, depending on where the … Most of the time, we hear the words ,felony, and ,misdemeanor, thrown around, but how often do we really think about what they mean. Despite not being a felony, misdemeanor assault charges can be serious, and the penalties can be harsh. Aggravated assault comes with harsher penalties than simple assault in Arizona. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Even if you’ve never committed a crime in the past, you should approach the situation seriously. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. 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. This carries a maximum sentence of 30 days in jail, a $500 fine, and up to 12 months of probation. The least-serious offenses, known as petty offenses in Arizona, are punished only by a fine of up to $300. How to Write a Letter to a Judge for Sentencing. To learn about aggravated assaults, see Aggravated Assault in Arizona. These are the most common aggravated assaults we see; along with the next aggravating circumstance. There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. If it causes physical injury and was done intentionally, that makes it a Class 1 misdemeanor. The maximum punishments for misdemeanors are outlined by A.R.S. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense; Penalties – Sentencing for felony assault convictions include prison terms. 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. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. When it comes to crime, there are generally different levels of charges you hear about. Bretton Barber assists people in such situations. 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. It’s stressful dealing with the procedure and potential consequences. Misdemeanor Assault in Arizona. We will keep you advised and aware of everything we are doing. 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. Aggravated assault is any one of those misdemeanor assaults, but has an additional aggravating factor. 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. Assault charges can either be classified as a misdemeanor or a felony. A. Phone: (602) 833-4548 This article is in reference to misdemeanor or simple assault. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. 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. DM Cantor has the experience to help you fight assault charges and clear your name. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. Hire an Assault Attorney in Phoenix That Can Help. 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. As such, swearing, taunting, and threatening can all result in assault charges in Arizona. 36-year-old Michael … Arizona differentiates between misdemeanor assaults and aggravated assaults —the latter are more serious. Penalties also depend upon your history. A Class 6 felony … Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. Call us today to speak with an attorney immediately! 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. 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. Arizona has a wide range of misdemeanor offenses. 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. 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. Phone: (623) 552-5075, Copyright 2020 - 2021 R&R Law Group | Website by. In Arizona, the definition of assault can be found in A.R.S. Arizona misdemeanor assault is defined as follows: 13-1203. We offer free case evaluations and affordable payment plans. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Misdemeanor assault is a very common offense in Arizona. For more information on Misdemeanor Assault In Arizona, a free case evaluation is your next best step. Do I need even need a criminal speeding attorney? 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. §13-707. Driving while intoxicated or under the influence is a life-threatening and serious issue in the USA. Rarely are penalties as extensive as that, unless there is some sort of egregious circumstance. If you injure someone recklessly, rather than intentionally, it is the lesser charge of a Class 2 misdemeanor. Examples of assault can include poking, pushing, biting, pinching, … Stat. In Arizona, assault can be classified as either a misdemeanor or felony. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. Many charges associated with driving under the influence are considered misdemeanors. Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. Neglecting the scope of implications could lead to life-changing consequences. At times an imprisonment may be served at another place under the custody of the state department of corrections. (2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or. § 13-707. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. If a person is convicted of assault that person is often facing a jail sentence. Arizona Felony and Misdemeanor Sentencing Ranges. 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. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. In Arizona, misdemeanor crimes do not carry a prison sentence. Generally speaking, you are probably looking at a fine and some probation time. Pima County corrections officer Michael Flaminio is facing two misdemeanor assault charges. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. 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. If you have been charged with assault in the Phoenix Metro area, or anywhere in Arizona, a strong defense is a must. 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. Is Extreme or Super Extreme DUI a Felony in Arizona? § 13-1204 (A) If you are currently facing a burglary offense, then you may have been charged with one of these statutes. The most common type of assault involves touching another person. Understanding the differences is essential for fighting your charges to the best of your ability. §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. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. If a person is convicted of assault that person is often facing a jail sentence. With respect to these and other situations involving assault charges, eyewitness testimony is a key factor. In Arizona misdemeanor offenses are jury eligible for two reasons. 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. For a free consultation, call our offices at (602) 737-2812 or contact us through our secure, confidential web form. Arizona Ignition Interlock Device Violations, Scottsdale City Court Criminal Arraignment. 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. Simple Assault & Misdemeanor Assault. Misdemeanor vs Felony DUI in Arizona. 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. Even if you’ve never committed a crime in the past, you should approach the situation seriously. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Felonies in Arizona are punishable by a year or more in state prison. (Ariz. 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. Don' t know what misdemeanor assault is in the state of Arizona? 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. When it comes to crime, there are generally different levels of charges you hear about. In Arizona, misdemeanor criminal damage charges are nothing to be taken lightly. A Reckless Endangerment Offense in Arizona is a Class 6 Felony. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. 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. In Arizona misdemeanor offenses are jury eligible for two reasons. Scottsdale, AZ 85250 It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. 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. Misdemeanor Assault. Understanding Arizona Misdemeanor Classes. The bigger concern is whether the charge will have a domestic violence designation. 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. 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