Chandler Assault Lawyers
An assault is defined by the Arizona statute (ARS 13-1203) as knowingly, intentionally, or recklessly causing injury to another person, intentionally causing someone to have a reasonable fear of being harmed or knowingly touching someone to insult, injure or provoke that person. An aggravated assault is defined by ARS 13-1204.
Assault crimes in Chandler, AZ are divided into two categories, Misdemeanors and Felonies. Misdemeanors, also known as simple assaults, can range in severity from Class 3 (the least serious of misdemeanor assaults) to Class 1 (the more serious of misdemeanor assaults). Depending on the force that was used, as well as other factors, misdemeanor assaults can be classified in one of these three categories.
Most misdemeanor assaults for first time offenders who are convicted can include probation, fines, and anger management classes. Jail time is also a possibility in misdemeanor assault cases but is usually not a condition for most first-time offenders who are charged with a misdemeanor assault crime. Even a misdemeanor assault can leave someone with a criminal record.
The more serious assault crimes are known as an aggravated assault and will be charged as a felony. Felony assaults range from Class 6 (the least serious felony assault) to Class 2 (the most serious felony assault) in Arizona. Felony assault crimes have more severe penalties, and although the defendant is still often eligible for probation, it is not guaranteed, and the defendant may be sent to prison for a felony conviction.
Misdemeanor assaults can be elevated to felony assaults based on several factors:
- A weapon was used in the assault.
- The intent (Mens Rea) of the person committing the assault.
- The state of the person (ex. A child, an elderly person) assaulted.
- The severity of the injury.
Offenses Classified as Assault:
Assault comes in a number of forms and the type of charge that a person faces will depend on several factors, such as whether violence was actually committed against another person and who was threatened or harmed. The five main types of assault charges include:
- Unlawful Discharge of a Firearm
- Endangerment
- Aggravated Assault
- Using a Weapon in a Threatening Manner
- Displaying a Firearm
- Felon in Possession of a Firearm
- Assault with a Deadly Weapon
- Armed Robbery or Burglary
Additionally, some forms of assault do not even require physical injury or even any touching at all. Intentionally putting someone in fear of an imminent physical injury is all it takes in Arizona to be charged with assault.
The reckless display of a firearm could also be enough to warrant serious felony charges involving mandatory prison sentences if convicted. In fact, simply scaring someone with a firearm without legal justification is often charged as an aggravated assault. This is why brandishing a firearm should be reserved for rare occasions, and only if there is an imminent threat of unlawful deadly force.
A person can commit assault by:
- Intentionally, knowingly or recklessly causing any physical injury to another person
- Intentionally placing another person in reasonable apprehension of imminent physical injury
- Knowingly touching another person with the intent to injure, insult or provoke such person
Fortunately, there are many legal defenses available in Chandler to the person who is charged with assault. An experienced attorney who is familiar with all aspects of self-defense, mistake of fact, and other legal defenses could be the difference between incarceration and exoneration.
If you have been charged with any type of assault crime in Chandler contact the Attorneys for Freedom or call our office at 480-755-7110 to schedule a Strategy Session. Our experienced team of criminal defense assault lawyers are familiar with all aspects of self-defense, mistake of fact, and other legal defenses that could be the difference between incarceration and exoneration.
Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
