Misdemeanor assault is a very common offense in Arizona. Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. Anyone can be charged with assault if they touch another person against their will or use threatening words against another person. Examples of assault can include poking, pushing, biting, pinching, swearing at another person, slapping, kicking, touching, taunting, threatening, verbal abuse or anything else another person may find threatening or offensive.
Unfortunately, assault can result in severe penalties, such as jail time, fines, a criminal record, restitution and community service.
If you have been charged with misdemeanor assault in Mesa, you do not necessarily have to face a criminal conviction. The prosecution is required to prove you committed every element to the offense beyond a reasonable doubt in order to achieve a conviction. If they fail to meet this very difficult burden, the charges against you may be reduce or even dismissed. Therefore, it is important to hire an experienced assault lawyer in Mesa.
Mesa Assault Attorney
If you have been charged with a misdemeanor assault offense in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. James Novak is an experienced violent crimes lawyer who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged misdemeanor assault.
Misdemeanor Assault Defined Under Arizona Law
According to section 13-1203 of the Arizona Revised Statutes, an individual can be charged with misdemeanor assault if they do any of the following:
- Physically injure another person through intentional, knowing or reckless actions;
- Intentionally cause another person to be in reasonable fear of harm or to fear they will suffer some harm; or
- Knowingly, not accidentally, touch another purpose in order to provoke, injure or insult that person.
Misdemeanor assault can be classified as a class 1,2 or 3 misdemeanor offense, depending on the alleged offender’s mental state and the degree of touching, verbal threat or injury.
Tempe Misdemeanor Assault Mental States
In order to be charged with a misdemeanor assault offense in Tempe, the alleged offender must have a certain mental state to commit the offense. This means anyone who accidentally causes harm or injures another person cannot be charged with the criminal offense of misdemeanor offense. The most common assault mental states involve acting with knowledge, intentionally or in a reckless way. Mental states are generally subjective, or unique to each person, so it can be difficult for the prosecution to prove the alleged offender had the required mental state to commit the assault offense. According to ARS § 13-105(10), the most common mental states for assault are defined as follows:
- Recklessly – An individual can act recklessly if they are aware their conduct or actions will cause the result of the assaultive offense and they consciously disregard the substantial and unjustifiable risk of the result.
- Intentionally – An individual can act intentionally if they purposefully engage in the assaultive conduct or have the objective to cause the result of the assaultive conduct.
- Knowingly – An individual can act knowingly if they are aware or believe their conduct was assaultive or criminal in nature. The alleged offender does not have to know the actual assault offense was unlawful or illegal.
Tempe Misdemeanor Assault Penalties
An individual who is found guilty of a misdemeanor assault offense can be sentenced to a presumptive term of imprisonment under Chapters 7 and 8 of Title 13 of the Arizona Revised Statutes. The presumptive terms of imprisonment and sentencing ranges for misdemeanor assault are listed below.
- An individual who is charged with knowingly touching another purpose in order to provoke, injure or insult that person can be convicted of a class 3 misdemeanor assault offense. This degree of assault offense is punishable by up to 30 days in jail and/or a fine up to $500.
- An individual who is charged with intentionally causing another person to be afraid they will suffer some harm or to be in reasonable fear of harm can be convicted of a class 2 misdemeanor assault offense. This degree of assault offense is punishable by up to four months in jail and/or a fine up to $750.
- An individual who is charged with physically injuring another person through intentional, knowing or reckless actions can be convicted of a class 1 misdemeanor assault offense. This degree of assault offense is punishable by up to six months in jail and/or a fine up to $2,500.
Law Office of James E. Novak, PLLC | Misdemeanor Assault Attorney in Tempe
Contact the Law Office of James E. Novak today for a consultation about your alleged assault charges throughout Maricopa County in Arizona. James Novak is an experienced Tempe violent crimes attorney who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your misdemeanor assault accusations throughout Maricopa County in Arizona.