Phoenix Assault Defense Attorney

Facing assault charges in Phoenix, Arizona, can have negative impacts on your personal and professional life. However, with the right defense attorney, you can safeguard your future. Charity Clark, a seasoned and compassionate defense attorney, understands the seriousness of your situation and is dedicated to fiercely defending your rights and securing the best possible outcome for your case.

If you or a loved one has been charged with assault in Phoenix, you need to contact an experienced criminal defense attorney. Attorney Charity Clark, renowned for her dedication and extensive experience, offers creative and strategic defense services to protect your rights and future. Contact Charity Clark Law today for a free case evaluation and take the first step toward securing your defense.

Assault in Arizona is defined under Arizona Revised Statutes § 13-1203. It occurs when someone:

1. Intentionally, knowingly, or recklessly causes physical injury to another person, 
2. Places another person in reasonable apprehension of imminent bodily injury, or 
3. Touches another person with the intent to injure, insult, or provoke. 

Assault charges can range from simple assault, which is generally a misdemeanor, to aggravated assault, a more severe charge with harsher penalties. Assault in Arizona covers a range of behaviors, from physical attacks to threats of harm. Here's a breakdown of the main types:

‍Misdemeanor/Simple Assault: This type of assault involves actions that do not include aggravating factors such as the use of a weapon. It typically involves less severe physical altercations, like fistfights. Misdemeanor assault can be charged when someone:

• Causes minor physical injury to another person.
• Makes threats that cause someone to fear imminent harm.
• Touches someone with the intent to insult or provoke them.

Aggravated Assault: This is a more serious charge and is classified as a felony. Aggravated assault involves factors that escalate the severity of the crime. This can include:

• Using a weapon or dangerous instrument during the assault.
• Causing serious physical injury, such as broken bones or permanent scars.
• Assaulting someone while impaired and causing harm, for example, during a DUI incident.
• Assaulting a minor under 15 years of age.
• Assaulting a police officer, firefighter, or other protected individuals.

Assault and Battery: While Arizona law does not distinguish between assault and battery as separate crimes, the terms are often used together. Assault can involve threats or attempts to cause harm, while battery involves actual physical contact. In Arizona, actions that might be considered battery elsewhere fall under the umbrella of assault or aggravated assault, depending on the circumstances.

Reckless Endangerment: This involves putting another person at significant risk of injury or death through reckless actions. Examples include reckless driving, violating safety regulations, or handling firearms irresponsibly.

Threatening or Intimidating: You can face assault charges without physical contact if you threaten or intimidate someone. This includes making threats of bodily harm, property damage, or causing public inconvenience.

Domestic Violence: Assault charges can be classified as domestic violence if the victim is a cohabitant, spouse, former spouse, co-parent, or someone with whom the offender has a personal relationship. Domestic violence charges can carry additional penalties and are often treated more severely.

Understanding these different types of assault charges is crucial for building a defense. If you or a loved one is facing any of these charges, seeking experienced legal representation is important.

Facing assault charges in Arizona can result in severe legal consequences that significantly impact your life. The penalties vary depending on whether the assault is classified as a misdemeanor or a felony.

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Misdemeanor Penalties‍

For simple assault, which is generally classified as a misdemeanor, the penalties can include:

• Class 1 Misdemeanor:
  This is the most severe misdemeanor charge. Penalties can include up to six months in jail, fines up to $2,500, and probation. This classification applies when the assault results in physical injury or when the assault is intentional or knowing.

• Class 2 Misdemeanor:
  This charge is less severe and can result in up to four months in jail, fines up to $750, and probation. This applies to assaults that involve reckless behavior causing physical injury.

• Class 3 Misdemeanor:
  This is the least severe misdemeanor assault charge, leading to penalties such as up to 30 days in jail, fines up to $500, and probation. This charge typically applies to situations where the assault involves touching with the intent to insult or provoke, but no injury occurs.
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Felony Penalties‍

Aggravated assault, classified as a felony, carries much more severe consequences. The specific penalties depend on the severity of the assault and the presence of any aggravating factors. The penalties include:

• Class 2 Felony:
  This is one of the most severe felony charges for aggravated assault, involving serious physical injury or the use of a deadly weapon. Penalties can range from 7 to 21 years in prison, with a presumptive term of 10.5 years.

• Class 3 Felony:
  This classification often involves less severe physical injury or the use of a non-deadly weapon. Penalties range from 5 to 15 years in prison, with a presumptive term of 7.5 years.

• Class 4 Felony:
  Penalties for this charge can include 4 to 8 years in prison, with a presumptive term of 6 years. This often applies to cases where the assault involved a dangerous instrument or temporary but substantial disfigurement.

• Class 5 Felony:
  Less severe than Class 4, these charges can result in a prison term of 2 to 4 years, with a presumptive term of 3 years. This often includes assaults that cause less severe injuries.

• Class 6 Felony:
  The least severe felony charge, with penalties ranging from 18 months to 3 years in prison and a presumptive term of 27 months. This classification is used for assaults causing minor injuries but involving aggravating factors like the use of a weapon.

Felony convictions come with additional consequences beyond prison time. These include higher fines, longer probation periods, loss of civil rights such as voting and firearm ownership, and a permanent criminal record that can severely impact future employment and housing opportunities.

If you or someone you know is facing assault charges in Phoenix, AZ, it's crucial to act quickly and secure experienced legal representation. Charity Clark is committed to defending your rights and striving for the best possible outcome in your case. With her extensive knowledge of Arizona's legal system and her personalized approach, you can trust that your case is in capable hands.

Contact Charity Clark Law today for a free case evaluation and discover how we can help protect your rights and future. We serve clients in Tempe, Phoenix, Gilbert, Chandler, Scottsdale, and throughout Maricopa and Pinal Counties. Additionally, we accept cases in Yavapai, Pima, and Coconino Counties. With Charity Clark, you can be confident that you have a dedicated advocate fighting for your defense.