Feature Article
Penalties and Defenses for Assault Charges in Arizona
Assault is a serious crime that is taken very seriously in Arizona. It can come in many forms, from simple assault to aggravated assault, and the penalties for it can range from a fine to a lengthy prison sentence. Understanding the laws surrounding assault charges, as well as the possible defenses that can be used, is essential for anyone facing assault charges in Arizona.
Understanding the Different Types of Assault Charges
Assault is generally defined as intentionally or recklessly causing harm to someone else, or creating a situation that puts them in danger of harm. In Arizona, there are three specific types of assault charges: simple assault, aggravated assault, and domestic violence assault.
Simple assault is the least serious of the three charges and is generally considered a misdemeanor. It involves intentionally, knowingly, or recklessly causing physical injury to someone else. It can also involve knowingly touching someone else with the intent to injure or provoke them, or putting them in reasonable danger of physical injury. The penalties for a simple assault charge can include up to six months in jail, fines, and probation.
Aggravated assault is a more serious charge and involves causing serious physical injury to someone else, or using a deadly weapon in the commission of an assault. It can also involve assaulting someone while they are bound or while they are a member of a clearly identifiable group, such as a police officer. Aggravated assault can be charged as a felony and the penalties can include up to 15 years in prison.
Domestic violence assault is assault committed against someone with whom the perpetrator has a domestic relationship, such as a spouse, cohabitant, or family member. This can include both simple and aggravated assault, and the penalties can include up to six months in jail for a simple assault charge and up to 15 years in prison for an aggravated assault charge.
Defenses for Assault Charges
If you are facing assault charges in Arizona, it is important to know that there are a number of defenses that can be used to fight these charges. Some of the most common defenses include:
Self-Defense
If you were acting in self-defense or defense of others, you may be able to claim that you were not the aggressor in the altercation and that your actions were necessary to protect yourself or someone else.
Consent
If the victim consented to the physical contact that led to the assault charge, you may be able to use this as a defense. This is particularly relevant in cases where the victim initiated the physical confrontation.
Mistaken Identity
If you can prove that you were not the person who committed the assault, you may be able to have the charges dropped against you. This is a common defense in cases where there are no witnesses to the assault and the victim was unable to identify their attacker.
Defense of Property
If you were defending your property, such as your home or vehicle, you may be able to claim that you were protecting your property against an intruder or thief.
Getting Legal Help
If you or someone you know is facing assault charges in Arizona, it is important to seek legal advice as soon as possible. A qualified criminal defense attorney can help you understand the charges you are facing, the possible defenses that can be used in your case, and the potential penalties that you may be facing. An attorney can also represent you in court and help you achieve the best possible outcome for your case.
Contact Colburn Hintze Maletta Today
If you are facing assault charges in Arizona, contact Colburn Hintze Maletta today for a free consultation. Our experienced criminal defense attorneys can help you understand your legal rights and help you build a strong defense against your charges. Call us now or visit our website to learn more.
Assault Penalties and Defenses- Assault, Defenses
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