TUCSON Assault attorney
Assault is a serious crime and you could face severe penalties if you are convicted. You need an
experienced lawyer on your side to help you navigate the legal complexities of your case. Our Tucson assault attorneys at Grabb & Durando can help you explore your options and will work hard to achieve the best possible outcome.
simple assault
Simple assault is characterized by intentionally causing physical injury to another person or threatening to do so and it is defined in Arizona Revised Statutes (ARS) 13-1203.
There are 3 major categories of assault under this statute:
- Intentionally, knowingly, or recklessly injuring another person is a Class 1 misdemeanor.
- It is a Class 2 misdemeanor to intentionally make another person fearful of imminent physical injury. Even if there is no actual injury or violence committed, the threat is enough for an assault charge to apply if it would make a reasonable person fear for their safety.
- Knowingly touching someone else with the intent to injure, insult, or provoke them is a Class 3 misdemeanor. In this case, it does not matter if there was no actual injury as long as there was an intent to injure the person.
There are 3 major categories of assault under this statute:
- Intentionally, knowingly, or recklessly injuring another person is a Class 1 misdemeanor.
- It is a Class 2 misdemeanor to intentionally make another person fearful of imminent physical injury. Even if there is no actual injury or violence committed, the threat is enough for an assault charge to apply if it would make a reasonable person fear for their safety.
- Knowingly touching someone else with the intent to injure, insult, or provoke them is a Class 3 misdemeanor. In this case, it does not matter if there was no actual injury as long as there was an intent to injure the person.
There are 3 major categories of assault under this statute:
- Intentionally, knowingly, or recklessly injuring another person is a Class 1 misdemeanor.
- It is a Class 2 misdemeanor to intentionally make another person fearful of imminent physical injury. Even if there is no actual injury or violence committed, the threat is enough for an assault charge to apply if it would make a reasonable person fear for their safety.
- Knowingly touching someone else with the intent to injure, insult, or provoke them is a Class 3 misdemeanor. In this case, it does not matter if there was no actual injury as long as there was an intent to injure the person.
aggravated assault
Certain factors can make an assault charge more severe than what is outlined as simple assault in ARS 13-1203. If these factors are present, the charge increases to aggravated assault per ARS 13-1204. Depending on the circumstance, this can range from a Class 6 to a Class 2 felony.
Some circumstances that increase a charge to aggravated assault include:
- Causing serious physical injury
- Use of a deadly weapon or dangerous instrument
- Use of a simulated deadly weapon
- Assault that results in disfigurement
- Binding the victim during the assault
- Assault by someone over 18 years of age on a minor under 15 years of age
- Violation of a protection order
- Assault against those in certain professions such as peace officers, teachers, health care practitioners, and firefighters
- Entering the victim’s private home to commit assault
DOMESTIC VIOLENCE
Domestic violence encompasses a variety of crimes in Arizona. What distinguishes it from other criminal charges is the relationship between the victim and the perpetrator. ARS 13-3601 provides a full list of types of relationships where domestic charges can apply. Assault is one of the most common crimes that fall under the domestic violence statute in Arizona. There are additional considerations in these types of cases.
ASSAULT VS BATTERY
Many people have heard the term “assault and battery” before and may wonder which of the charges apply to their case, or if both apply.
While other states distinguish between assault and battery, Arizona does not.
WHAT ABOUT SELF-DEFENSE?
A common defense against assault charges is that the assault was actually a case of self-defense. Chapter 4 of Title 13 of the Arizona Revised Statutes outlines various justifications (defenses) for criminal charges, including assault. Your criminal defense attorney will need to demonstrate how the circumstances of your case line up with one or more of these statutes in order to defend against your conviction.
Some relevant statutes include :
- ARS 13-404 – Physical force against another individual is legally justified if a reasonable person would believe such force to be immediately necessary to protect themselves.
- ARS 13-405 – This statute builds on ARS 13-404 – and clarifies that deadly force is legally justified if a reasonable person would believe such force to be immediately necessary to protect themselves from another individual’s use of unlawful deadly force. In Arizona, there is no duty to retreat in these cases.
- ARS 13-421 – This statute outlines what constitutes defensive display of a firearm.
Some circumstances that increase a charge to aggravated assault include:
- Causing serious physical injury
- Use of a deadly weapon or dangerous instrument
- Use of a simulated deadly weapon
- Assault that results in disfigurement
- Binding the victim during the assault
- Assault by someone over 18 years of age on a minor under 15 years of age
- Violation of a protection order
- Assault against those in certain professions such as peace officers, teachers, health care practitioners, and firefighters
- Entering the victim’s private home to commit assault
are you facing assault charges?
At Grabb & Durando, our Tucson assault attorneys have extensive experience defending those accused of assault and/or other crimes. Let us fight for you.
Contact us today for a free consultation to discuss your criminal case.
are you facing assault charges?
At Grabb & Durando, our Tucson assault attorneys have extensive experience defending those accused of assault and/or other crimes. Let us fight for you.
Contact us today for a free consultation to discuss your criminal case.
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