Phoenix Assault Defense Attorneys

• Class 1 Misdemeanor: (Causing physical injury) Up to 6 months in jail, $2,500 in fines, and 3 years of probation.
• Class 2 Misdemeanor: (Placing someone in fear of injury) Up to 4 months in jail, $750 in fines, and 2 years of probation.
• Class 3 Misdemeanor: (Provocative touching) Up to 30 days in jail, $500 in fines, and 1 year of probation.

Aggravated Assault Penalties

Aggravated assault is a felony. Depending on the circumstances—such as whether a weapon was used or the severity of the injury—it can be charged as a Class 2, 3, 4, 5, or 6 felony.

A conviction for a "dangerous" Class 3 felony (e.g., involving a deadly weapon) can carry a mandatory prison sentence, with a presumptive term of 7.5 years for first-time offenders.

Felony convictions also result in the loss of civil rights, including the right to possess a firearm and the right to vote.

Common Situations That Lead to Assault Charges

Assault allegations arise in many different situations. In Phoenix, some of the most common scenarios include:

• Bar fights and nightclub altercations
• Domestic disputes
• Road rage incidents
• Workplace conflicts
• Neighborhood disagreements
• School or college-related incidents
• Misunderstandings involving self-defense

In many cases, emotions escalate quickly, and law enforcement officers make arrests before fully investigating what actually happened. Unfortunately, false accusations and exaggerated claims are also common in assault cases.

Our legal team carefully investigates every detail of the incident to identify inconsistencies, witness credibility issues, and evidence that supports your defense.

Legal Defenses to Assault Charges

Being charged does not mean you will be convicted. Our Phoenix assault defense lawyer can employ several strategies to challenge the prosecution’s case:

• Self-Defense: Arizona law allows individuals to use physical force against another when and to the extent that a reasonable person would believe it necessary to protect themselves against the other's use or attempted use of unlawful physical force.
• Defense of Others: Similar to self-defense, you may be justified in using force to protect a third party from harm.
• Lack of Intent: Assault requires a specific state of mind (intentional, knowing, or reckless). If the injury was the result of a pure accident, the required intent for a criminal charge may be missing.
• False Accusations: In many cases, particularly those involving domestic disputes, allegations of assault are fabricated or exaggerated. We work to uncover inconsistencies in witness testimony and evidence.
• Violation of Constitutional Rights: If the Phoenix Police or Maricopa County Sheriff's deputies violated your rights during the arrest or interrogation (e.g., failing to read Miranda rights), we may be able to have evidence suppressed.

Assault FAQs

Can I be charged with assault if I didn't actually hit the person?

Yes. Under A.R.S. § 13-1203, you can be charged with assault if you intentionally make someone believe they are about to be physically injured. No physical contact is required for this classification of assault.

What is a "dangerous instrument" in an aggravated assault case?

A "dangerous instrument" is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. This can include common objects like a heavy flashlight, a tool, or even a vehicle.

Does the victim have to "press charges" for me to be prosecuted?

No. In Arizona, the decision to file criminal charges rests with the prosecutor (the State), not the victim. Even if the victim later decides they do not want to participate, the State can—and often does—continue with the prosecution.

Will I lose my gun rights if convicted of assault?

If you are convicted of a felony (aggravated assault), you will lose your right to possess a firearm. Additionally, if a misdemeanor assault is classified as "domestic violence," federal and state laws may also prohibit you from owning a firearm.

Can assault charges be dropped in Arizona?

Yes. Charges may be reduced or dismissed if there is insufficient evidence, credibility issues with witnesses, or evidence supporting self-defense. However, only prosecutors can formally dismiss charges.

What should I do after being arrested for assault?

Remain calm, avoid discussing the case with police, and contact an experienced Phoenix assault defense lawyer immediately.

Can I go to jail for misdemeanor assault?

Yes. Even misdemeanor assault convictions may result in jail time, probation, fines, and other penalties.

Will an assault conviction stay on my record?

A conviction can remain on your criminal record and may affect employment, housing, and professional opportunities. In some situations, record sealing or set-aside options may be available.

Take the first step in securing a strong defense by contacting our attorneys. Contact us online to discuss your case. We are available 24/7 to take your call.