Misdemeanor Assault Attorney in Scottsdale
In Scottsdale, Arizona, misdemeanor assault encompasses more than just physically harming someone - it can also include intentionally inciting fear of harm or making offensive contact. Charges may not always reflect the fight's context, such as in a physical dispute, where the less injured "winner" is often charged, disregarding who initiated the confrontation. Information such as who started the altercation can be helpful, as it may involve questions of self-defense or the fight's nature. Consulting an experienced attorney can be an incredible resource in developing a fair defense strategy.
If you have been charged with misdemeanor assault in Scottsdale, Arizona, it's important that you consult with an attorney right away. When working with our law firm, you will have an experienced attorney who is approachable, accommodating, and affordable. We offer free consultations to help you determine what your next steps need to be.
What is Considered Assault in Arizona?
Arizona's legal definition of assault, as outlined in A.R.S. Chapter 13-1203, encompasses three main aspects:
- Inflicting Physical Harm: This aspect is often what most people envision when thinking of assault. It involves causing bodily harm to another individual through actions such as hitting, kicking, or otherwise physically attacking them. The severity of the injury can vary, but any deliberate physical harm can be considered assault under this statute.
- Causing Fear of Impending Harm: Assault isn't just about physical violence. The law also considers actions that intentionally incite fear of imminent physical injury as a form of assault. This could include threats, gestures, or any behavior that would make a reasonable person fear that they are about to be physically harmed.
- Offensive Physical Contact: This part of the definition broadens the scope of assault to include physical contact intended to injure, insult, or provoke someone. The contact may not necessarily cause physical harm but can still be classed as assault if it's done with the intent to upset or provoke. This might involve actions like pushing, slapping, or even spitting.
Each of these categories represents different forms and degrees of assault under Arizona law. The charges and penalties that one might face can vary widely based on the nature and severity of the assault. It's crucial to remember that any accusation or charge of assault is a serious matter that can have long-lasting consequences, legally and personally. If faced with such charges, one should seek legal counsel immediately.
Penalties for Misdemeanor and Simple Assault in Arizona
In Arizona, a class 1 misdemeanor represents the most severe form of misdemeanor, while a class 3 misdemeanor is the least severe. Each class is associated with potential fines and incarceration. The associated penalties for varying levels of assault are as follows:
- Class 3 Misdemeanor Assault: Offensive physical contact may result in a class 3 misdemeanor in Arizona. The penalties that may result are as follows:
- Maximum of 30 days imprisonment.
- Fines not exceeding $500, supplemented by a $415 surcharge.
- Probation lasting up to 1 year.
- Required attendance at anger management courses, community service participation, and compensation to the victim.
- Class 2 Misdemeanor Assault: Causing someone fear of impending harm can have the possible penalty of a class 2 misdemeanor. These penalties may result in the following:
- Maximum of 4 months in jail.
- Fines not exceeding $750, in addition to a $622 surcharge.
- Probation period lasting up to 2 years.
- Mandated attendance at anger management courses, participation in community service, and compensation for the victim.
- Class 1 Misdemeanor Assault: Inflicting physical harm upon someone may result in a class 1 misdemeanor. The following penalties may occur:
- A maximum jail term of 6 months.
- Fines not exceeding $2500, with an additional surcharge of $2075.
- Probation duration up to 3 years.
- Compulsory anger management sessions, participation in community service, and repayment to the victim.
