Felonies in Arizona are punishable by a year or more in state prison. How to Write a Letter to a Judge for Sentencing. Misdemeanor vs Felony DUI in Arizona. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. To learn about aggravated assaults, see Aggravated Assault in Arizona. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. As a class 3 misdemeanor, punishment includes up to 30 days in jail and $500 in fines (Ariz. Rev. In Arizona, you can be charged with a class 3 misdemeanor simply by pushing someone with the intent to provoke them into starting a fight. In early August, Michael Flaminio, … Neglecting the scope of implications could lead to life-changing consequences. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. Assault charges can either be classified as a misdemeanor or a felony. Neglecting the scope of implications could lead to life-changing consequences. I have a warrant for a misdemeanor assault charge in Arizona. Unfortunately for those affected, Arizona law originally offered no means to regain Second Amendment rights for those who lose them for a misdemeanor domestic violence conviction. Charges may be brought when one injures another person in some way, when one threatens another person with injury, or when one causes another person to fear that they will be injured. (1) Intentionally, knowingly or recklessly causing any physical injury to another person; or. These are Arizona Revised Statutes (ARS) §§ 13.1506, 13.1507, and 13.1508. If you commit an assault against a teacher in the classroom or a doctor in the office, this is an aggravated assault. These are the most common aggravated assaults we see; along with the next aggravating circumstance. Misdemeanor Assault Laws in Arizona If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. Our offices are available 24 hours a day by phone and can schedule free consultations on the weekend if that works with your schedule. Assault charges do not involve weapons, as the addition of a weapon upgrades the charge to aggravated assault. For example, an aggravated assault constitutes a serious physical or life-threatening injury to an individual. These types of aggravated assaults are not ones that we see very often, but the possibility could occur in a bar when somebody is heavily intoxicated. Scottsdale, AZ 85250 Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. A Pima County corrections officer was arrested on Wednesday on suspicion of two misdemeanor assault charges. If you are charged with a DUI, disorderly conduct, assault, theft, shoplifting or domestic violence, we can tailor a defense that gives you the best chance for a the best outcome. Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. In these circumstances, usually the alleged victim actually began the altercation, and — as is common when alcohol is involved — the individual attempted to hit the defendant but lost his balance and hurt himself. Some other factors that can increase a simple assault to an aggravated assault are if you commit the assault while the other person is physically restrained, bound or substantially impaired. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. 36-year-old Michael … The bigger concern is whether the charge will have a domestic violence designation. This helps them learn how to make better choices while making amends to their victims. Moreover, you don’t even have to cause any sort of physical injury to have an assault charge leveled against you: just by placing someone in reasonable apprehension or fear that they’re in imminent danger of physical injury can be classified as an assault, which is considered a Class 2 misdemeanor as well. Misdemeanor Criminal Damage in Arizona. The aggravating factor is just simply that a police officer was involved. A. TUCSON, AZ (3TV/CBS 5) - A Pima County corrections officer was arrested on Wednesday for two misdemeanor assault charges. In Arizona, assault can be classified as either a misdemeanor or felony. In Arizona, an assault conviction can carry meaningful consequences, despite its classification as a misdemeanor. A class one misdemeanor carries heavier penalties, with a jail sentence of up to six months, probation, and a fine of $2,500 plus an 84 percent surcharge. In 2014 more than one million people were arrested for driving under the influence of alcohol or drugs. We will keep you advised and aware of everything we are doing. The last classification of assault in Arizona is by knowingly touching another person, either with the intent to injure and assault or provoke such a person. Simple Assault & Misdemeanor Assault. Most misdemeanor Assaults are charged as a class one (1) misdemeanor, however, sometimes they are charged at the lower levels of class two (2) and three (3) misdemeanors if the defendant is found to not have intentionally committed the assault or didn’t cause any physical injury. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. Arizona courts categorize misdemeanor assault charges into three separate classes: Class 3 misdemeanor assaults involve touching another person with the intent to injure or provoke. If you have been convicted of a misdemeanor or felony crime and have completed your sentence (probation or prison), then you may be qualified to have your Arizona conviction set aside. Even though these are all burglary charges, the main difference between the three is dependent on the circumstances and details of the crime you are accused of committing. Misdemeanor Assault. View the most current sentencing tables for misdemeanors and dangerous and non-dangerous felonies. §13-1203 “Assault,” occurs when a person either intentionally, knowingly or recklessly causes any physical injury to another person; knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in … In Arizona, misdemeanor crimes do not carry a prison sentence. In Arizona Class 1 Misdemeanors can have a maximum punishment of up to six months in jail. When it comes to crime, there are generally different levels of charges you hear about. If you have been charged with a misdemeanor in Phoenix, Arizona then the first step is to contact an attorney. Do you even know the difference? The goals of Arizona misdemeanor diversion programs. We may also be able to fight your charges by identifying misleading or inaccurate police reports, improperly conducted line-ups, invalid search warrants, forensic flaws, or inaccurate crime scene reconstruction. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a … In Arizona, misdemeanors are crimes that carry a potential punishment of up to six months in jail and/or a fine of up to $2,500. And a Class 3 Misdemeanor … It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a misdemeanor immediately upon conviction. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Despite not being a felony, misdemeanor assault charges can be serious, and the penalties can be harsh. The maximum sentence for an assault is six months in jail and a $2,500 fine. 5111 N. Scottsdale Road, Suite 275 That’s a Class 1 misdemeanor, but that’s the only one that needs to have an actual injury. This statute states that "a person commits assault by". Arizona classifies misdemeanor assault as either a class 1 misdemeanor assault (the most serious), a class 2 misdemeanor assault, or a class 3 misdemeanor assault. This offense sometimes referred to as “simple assault” charges. Rarely are penalties as extensive as that, unless there is some sort of egregious circumstance. The latter violation can occur where you are not read your rights, or the police force or trick you into making an incriminating statement. §13-1203 or Domestic Violence Assault A.R.S. In early August, Michael Flaminio, … Misdemeanor assault is defined by Arizona Revised Statutes 13-1203(A) which states the following: “A. Arizona has a wide range of misdemeanor offenses. 40 N Central Ave, Ste 2300 Arizona residents may be charged with misdemeanor assault as a result of several different behaviors. Misdemeanor crimes can call for a term of imprisonment in a county jail facility. As you’ve seen already, however, there could be jail time and financial sanctions for first-time offenders. Our firm has handled thousands of misdemeanor charges across Arizona. The last aggravating factor is if a person uses a deadly weapon or threatens to use a simulated deadly weapon. Bretton Barber assists people in such situations. I currently live in Nevada. Call us today to speak with an attorney immediately! Also, if someone is in prison or subject to custody in some sort of detention and commits the assault knowing that the victim is acting in their official capacity as an employee, it would be charged under the officer statute. Simple assault is a Class 1 misdemeanor if done intentionally and an injury results. DV Assault or domestic violence assault is one of the easiest cases to get dismissed. Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. Misdemeanor assault is a very common offense in Arizona. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. Class 3 misdemeanor- A class 3 misdemeanor is the lowest criminal offense, but still can carry severe punishments including a maximum of 30 days in jail, 1 year of probation and a $500 fine plus surcharges. If you start resisting arrest and an officer has to use additional force to subdue you, and that officer is placed in apprehension of physical injury, an aggravated assault charge can be tacked onto the resisting arrest charges. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding. §13-707. Also if you commit an assault on someone who is younger than 15, that is an aggravated assault. Phone: (602) 307-0808. Under Arizona law, a class 2 misdemeanor assault requires the State to prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. Because of this broad definition, you don’t even need to be accused of fighting to be charged with assault; scaring someone into thinking you will hit them is enough. Misdemeanor Assault Laws in Arizona . Pima County corrections officer Michael Flaminio is facing two misdemeanor assault charges. 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