Simple assault in Arizona is defined as knowingly causing someone injury, placing them in apprehension of harm, or touching them with the intention to injure. Simple assault can be a Class 1, 2, or 3 misdemeanor depending on the nature of the crime.
If you’ve been accused of assault, you need to speak to a violent crimes lawyer in Phoenix as quickly as possible. By building your defense early, you give yourself the best chance of a satisfactory resolution.
Legal Definition of Simple Assault in Arizona
Simple assault in Arizona is defined in ARS 13-1203 as any of the following three acts:
- Intentionally or recklessly causing physical injury to another person.
- Intentionally causing another person a reasonable apprehension of injury.
- Intentionally touching another person with the intent to injure, insult, or provoke.
For simple assault charges, it’s not necessary that the victim actually sustains harm. Threatening to harm another person is enough to count as simple assault. Any form of physical touching can count as assault depending on the context, including pushing, grabbing, or poking.
Punishment for Simple Assault in Arizona
Simple assault is typically charged as a misdemeanor offense in Arizona. The severity of the charge depends on the circumstances surrounding the crime:
- Class 1. Up to six months in jail and a maximum $2,500 fine
- Class 2. Up to four months in jail and a maximum $750 fine
- Class 3. Up to 30 days in jail and a maximum $500 fine
Generally speaking, actually causing injury will result in a higher-level assault charge. Lower-level charges are typically reserved for instances involving threats or physical touching without injury.
In many cases, low-level offenders can avoid prison time through alternatives like probation or community service. These alternative punishments are most applicable in assault cases involving no injuries where the offender has no prior criminal record.
Simple vs. Aggravated Assault
Simple assault can be distinguished from aggravated assault. Aggravated assault is a felony offense and is defined as committing simple assault with any of the following aggravated conditions:
- Causing serious physical injury
- Using a deadly weapon or dangerous instrument
- Causing temporary but substantial disfigurement
- Restraining the victim physically
- Entering a private residence with the intent to cause harm
- Harming a victim under the age of 15
- Violating a valid protective order
- Harming a first responder, teacher, or healthcare worker
Aggravated assault can be charged as a Class 6 to Class 2 felony, depending on the specific violation.
Potential Legal Defenses to Simple Assault Charges
Even a simple assault charge is a serious matter, and a conviction can give you a permanent record. A conviction for assault can also cause you difficulty finding employment or housing. That’s why you need to work with a lawyer to craft a strong defense. Below are some general legal strategies against assault charges:
Lack of Intent
A lawyer can argue you lacked the specific intent to commit a crime. Simple assault requires the offender to have a specific intention. If the physical contact was unintentional or injuries resulted from an accident or misunderstanding, the required intent is missing.
Self-Defense
In Arizona, you can use reasonable force to protect yourself or others from imminent unlawful injury. Arizona has “stand your ground” laws, so you don’t have to retreat before resorting to force, as long as you’re somewhere you’re legally allowed to be. The threat must be real and immediate, and the force must be proportionate for a self-defense claim to work.
False Accusations
Simple assault charges often rely on victim testimony or witness statements. However, these statements can be unreliable or wrong, whether due to a mistake or deliberate falsehood.
Provocation
Provocation on its own is generally not a valid legal defense to simple assault charges in Arizona. “Fighting words.” However, provocation can be a mitigating factor and contribute to a plea agreement. A lawyer could argue that you were provoked and incited to act to secure a lesser charge of disorderly conduct.
Can I Expunge an Assault Conviction in Arizona?
You cannot fully expunge an assault conviction in Arizona, but you may be able to request that the conviction be sealed. To petition for sealing your record, you must first complete any terms of your sentencing, then attend a hearing. With a sealed record, your conviction won’t show up on most background checks for housing or jobs.
Contact a Phoenix Violent Crimes Lawyer from Suzuki Law Offices
If you are currently facing assault charges, no matter the level, you need to enlist the defense of a knowledgeable lawyer. Even a first-time assault conviction can lead to jail time and other undesirable penalties, which is why you need to take every step to defend yourself.
If you have more questions about simple assault in Arizona, contact Suzuki Law Offices online or call us today to speak to a violent crimes lawyer in Phoenix. We are your voice in action.
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