Assault and Domestic Violence

MISDEMEANOR ASSAULT

Misdemeanor assault is a commonly charged offense in Arizona. A person can be charged with assault under a number of different circumstances ranging from intentionally causing physical injury to another to causing a person to reasonably believe a physical injury will occur.  The Arizona criminal code defines assault under A.R.S. 13-1203:

A person commits assault by:

1. 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.

EXAMPLES OF ASSAULT IN ARIZONA

For example, if a man and some friends go to Old Town Scottsdale to have some drinks and he gets into a fight with a stranger and punches that person in the face, he may be charged with assault.

Another example of assault is where a person is threatened by an angry individual that they are going to come over there and beat that person up while shouting and shaking their fist. In this scenario, the state has to prove that the defendant intended to cause apprehension of physical injury, that a reasonable person would have perceived the apprehension, and that the injury was imminent.  

A third example of assault is where two people get into an argument and one person pokes the other in the chest or spits on them (knowingly, not accidentally) with the intent to insult or provoke that person.

The severity of conduct varies in the above scenarios as do the penalties. 

MISDEMEANOR ASSAULT PENALTIES IN ARIZONA

There are three different classes of misdemeanor under the criminal code. The most serious misdemeanor offense is a class 1 misdemeanor and the least serious is a class 3 misdemeanor. Penalties on conviction range depending on the facts of your case and the person's criminal history. Below are some general guidelines for a first offense misdemeanor in Arizona.

CLASS 1 MISDEMENAOR PENALTIES IN ARIZONA

Assault committed under paragraph 1 by intentionally or knowingly causing physical injury is a class 1 misdemeanor punishable by:

• Jail: 6 months maximum
• Fines: $2,500 maximum
• Probation: 3 years 

CLASS 2 MISDEMEANOR PENALTIES IN ARIZONA

Assault committed under paragraph 1 by recklessly causing physical injury - OR - under paragraph 2 for putting another in reasonable apprehension of imminent physical injury is a class 2 misdemeanor punishable by:

• Jail: 4 months maximum
• Fines: $750 maximum
• Probation: 2 years 

CLASS 3 MISDEMEANOR PENALTIES IN ARIZONA

Assault committed under paragraph 3 is a class 3 misdemeanor punishable by:

• Jail: 1 month maximum
• Fines: $500 maximum
• Probation: 1 year 

Under what circumstances does assault involve domestic violence in Arizona? 

There must be a domestic relationship between the defendant and the victim for assault to be charged as domestic violence, or assault/DV.   

The relationship between the defendant and the victim must be either:

• A married couple or formerly married;
• People who reside in the same household or had formerly resided together;
• The parties share a child together;
• One party is pregnant with the other's child;
• The victim is closely related to the defendant through blood or court order;
• A romantic or sexual relationship or formerly was romantic or sexual. 

The court will weigh various factors to determine whether a relationship was romantic or sexual such as the type and length of the relationship, how frequently the parties interacted, and how much time has passed since the relationship was terminated, if the parties have broken up. 

Can a person be arrested for domestic violence?

Yes, and someone most likely will be arrested. This chain of events commonly starts with an argument and a neighbor or one of the parties involved calls the police. If police make contact with a person and they have probable cause to believe that domestic violence has been committed, they will likely arrest the person believed to have committed the offense. Sometimes police will arrest both parties if they have probable cause the believe both parties committed domestic violence. The main concern here is that the parties are protected from further injury. 

What classification of offense is domestic violence in Arizona?

It depends on the circumstances. The offense will carry the classification of the underlying assault charge that gave rise to the DV charge. Assault can be charged as a misdemeanor or a felony depending on the facts of the case. 

Sentence enhancement for DV against a pregnant victim.

The maximum sentence for an offense included in domestic violence can be increased by up to two years for certain circumstances such as if the defendant committed a felony offense and knew that the victim was pregnant.

Get Legal Help Now - (602) 813-3004

If you have been charged with or are awaiting charges for assault/domestic violence, contact Scottsdale assault lawyer, Dave Smith today for a free consultation. The early stages of your case are critical, especially in domestic violence situations, and Mr. Smith will defend your case and mitigate the damage as much as possible to get the best outcome.