Mesa Assault Lawyer

Defending Your Rights After an Assault Charge

Assault crimes are a serious criminal offense that is thoroughly prosecuted in Arizona, with penalties including fines and jail time. In Arizona, an offender can be charged with simple assault or aggravated assault (referred to as ‘battery’ in other states). Our firm has aggressively defended clients facing assault charges in Mesa, AZ, and surrounding areas and can offer some important information if you are dealing with a similar situation.

From our Mesa office, we serve clients in Maricopa County, and Pinal County. Call today at (480) 245-5550 or reach out here online to set up a free consultation.

What Is the Difference Between Simple Assault and Aggravated Assault?

Arizona statutes define that a person commits assault by “knowingly causing harm to another, causing another to fear physical harm, or touching another with the intent to cause harm or provocation.” In other words, if one person touches another intending to cause physical harm, or his/her behavior makes the alleged victim feel like their physical safety and well-being are at risk, that person has committed the crime of assault. This means that someone can be charged with assault even if they never really touched or injured anyone — the prosecution only needs to prove that the offender fully intended to cause harm or provocation.

There are a few key differences between simple assault and aggravated assault, mostly determined by the severity of the incident. Arizona law recognizes different degrees of assault, and each carries different penalties.

• Simple Assault: Under Arizona Revised Statutes (ARS) 13-1203, simple assault involves intentionally or recklessly causing physical injury to someone else, threatening or attempting to cause injury, or making someone fear injury. Simple assault is usually classified as a Class 1 misdemeanor, which can result in penalties such as up to six months in jail and fines.
• Aggravated Assault: Aggravated assault, as outlined in ARS 13-1204, involves more severe circumstances, such as using a deadly weapon, causing serious bodily injury, or assaulting a law enforcement officer. Aggravated assault is considered a felony and can result in a much more serious sentence, including years in prison. The specific degree of felony will depend on factors such as the use of a weapon or the severity of the injuries inflicted.

In summary, situations in which one person acted intending to cause physical harm to another or acted in a way that caused the other person to feel threatened are usually considered simple assault. Something as simple as getting in a fight at a bar and shoving someone is considered simple assault, even if the alleged victim was not injured. Aggravated assault, on the other hand, involves the use of a deadly weapon and results in serious injuries to the victim.

Does an Assault Conviction Always Mean Jail Time in Arizona?

Whether you face jail time for assault or not will depend on the severity of the incident and on whether the victim was seriously injured as well as whether any weapons or dangerous instruments were involved. Simple assault is considered a misdemeanor in Arizona, with jail time ranging from 30 days up to 6 months, and fines of up to $2500. While a misdemeanor is less serious than a felony, it is still important to work with a Mesa assault attorney who may be able to negotiate an alternative sentence that does not involve jail time, especially for less serious incidents and first-time offenders.

If you have been charged with aggravated assault, you will be dealing with a felony charge that usually results in some jail time. How much jail time you will get depends on the classification your case receives, because aggravated assault can be classified anywhere from a class 2 felony to a class 5 felony. Most instances are charged as a class 3 felony, which usually results in 5 to 15 years in prison. Longer penalties may be issued for a second and third offense of the same kind, potentially resulting in a prison term of up to 20 years (second offense) or 25 years (third offense). Arizona courts may also require payment of a fine that can be as high as $150,000.00 in some cases.

A felony conviction for assault can have long-term consequences, including prison time, substantial fines, and a permanent criminal record. A criminal record can affect your ability to find employment, obtain housing, or pursue certain career opportunities. It can also limit your right to possess firearms and affect your reputation in the community.

Can Assault Charges Be Dropped?

There are a few circumstances that may result in an assault case being dropped. However, it is a common misconception to believe that a victim can get charges dropped. Even if the person who originally accused you of assault has a change of heart, the only party with authority to press charges is the prosecution — not the victim — thus a case will only be dismissed by the request of the prosecution after getting the green light from a judge.

That being said, an assault charge can be dropped if the prosecution fails to demonstrate that the defendant committed an assault crime beyond a reasonable doubt. A key factor of any assault case is proving that the defendant intentionally, recklessly, or knowingly injured another person or made them feel threatened, or touched them with the clear intention to injure, insult or provoke them. The burden of proof carried by the prosecution is relatively high. If the evidence is insufficient or if you are able to prove that you did not intend to do harm, the prosecution may not be able to obtain a conviction and your case may be dismissed.

Can I Be Charged with Assault Even If No One Was Injured?

Yes, in Arizona, you can still be charged with assault even if no one was injured. Under Arizona law (ARS 13-1203), assault does not require that the alleged victim be physically harmed. If you intentionally, recklessly, or knowingly caused another person to be in fear of imminent physical harm or touched them in an offensive manner, you can be charged with assault. The focus is on the intentional act or the threat of harm, rather than whether physical injury occurred. For example, if you threaten to harm someone or attempt to strike them, but the person manages to avoid injury, you can still face assault charges based on the fear you caused or the attempt to cause harm.

Can I Get My Assault Charge Expunged From My Record in Arizona?

In Arizona, the ability to expunge or remove an assault charge from your record depends on the circumstances of your case. Generally, expungement is not available for most criminal convictions in Arizona. However, you may be eligible to have your record sealed or set aside under certain conditions. If your assault case was dismissed, you were acquitted, or you completed a diversion program, you may be eligible to have the record sealed. 

Additionally, if you were convicted of assault, you may be able to file a motion to have the conviction "set aside" if you successfully completed your sentence and probation, demonstrating good behavior. However, this does not completely remove the record, and the conviction may still appear in certain background checks. It’s important to consult with a Mesa assault lawyer to understand your specific eligibility for record sealing or setting aside your conviction.

What’s the Importance of Hiring a Local Assault Attorney?

Hiring a local assault attorney can be important for several reasons, including:

• Knowledge of local laws: A local attorney is familiar with the specific assault laws and legal procedures in your jurisdiction. They understand how local courts operate, the tendencies of local prosecutors and judges, and any unique aspects of local laws that could impact your case.
• Personal connections: Local attorneys often have established relationships with judges, prosecutors, and other legal professionals in the area. These connections can be beneficial in negotiating plea bargains, presenting your case in court, and navigating the local legal system more effectively.
• Convenience: Working with a local attorney can be more convenient in terms of scheduling meetings, attending court appearances, and communicating about your case. You may also find it easier to visit their office or meet in person to discuss your case.
• Local resources: Local attorneys are familiar with local resources that may be relevant to your case, such as expert witnesses, investigators, and support services. They can tap into these resources to strengthen your defense or build your case.
• Understanding of local community: A local attorney may have a better understanding of the local community and its dynamics, which can be beneficial in assessing how a jury or judge might perceive your case and tailoring your defense strategy accordingly.

Overall, hiring a local assault attorney can provide you with the advantage of their specialized knowledge, experience, and connections within the local legal system, potentially leading to a more effective defense strategy and better outcome for your case.

How Can a Criminal Defense Attorney Help My Case?

Working with an aggressive Mesa assault crimes attorney is fundamental for you to increase your chances of obtaining a better outcome for your assault case. There are many possible defense strategies applicable to an assault charge. An example of a commonly used strategy is using the violation of constitutional rights angle.

If you are being charged with aggravated assault and a deadly weapon was involved, a Mesa violent crimes attorney can attempt to question the circumstances in which evidence of a deadly weapon was obtained. If the attorney successfully demonstrates that evidence of a deadly weapon was obtained as a result of an illegal search that violates your constitutional rights, the evidence becomes inadmissible. Other defense strategies include arguing that you were acting in self-defense or the defense of someone else.

A criminal defense attorney in Mesa, AZ can use these and other strategies to try to get your case dismissed or to de-escalate your charges in order to obtain more lenient penalties. 

If you are facing assault charges, don’t fight it alone. Reach out to the legal team at Naegle Law Firm, P.C., at 480-245-5550 or fill out this online form to discuss your case and see how we can help.