Quick answer

At your first court date for misdemeanor assault in Phoenix or Tempe Municipal Court, you are arraigned: the judge addresses the charge and you enter a plea of not guilty, guilty, or no contest. No witnesses testify, and the judge will not dismiss the charge at that hearing. A guilty or no contest plea can lead to sentencing that same day. A not guilty plea moves the case to a pretrial conference with the prosecutor. That is why you should hire a criminal defense attorney before the arraignment.

What Counts as Misdemeanor Assault in Arizona?

Arizona’s assault statute, A.R.S. § 13-1203, covers three kinds of conduct:

  • Causing physical injury to another person intentionally, knowingly, or recklessly.
  • Intentionally placing someone in reasonable apprehension of imminent physical injury.
  • Knowingly touching someone with the intent to injure, insult, or provoke them.

Depending on which part of the statute is charged, assault is a class 1, class 2, or class 3 misdemeanor. These cases are commonly filed in city courts such as Phoenix Municipal Court and Tempe Municipal Court. If an assault is charged with an aggravating factor, it can become felony aggravated assault under A.R.S. § 13-1204, which follows a different process. For an overview of both, see our Arizona assault charges defense page.

What Happens at Your First Court Date (the Arraignment)?

Both courts explain the arraignment on their official sites (Phoenix Municipal Court, Criminal Complaints; Tempe Municipal Court, Criminal and Criminal Traffic). The basics are the same:

  • Your date is on your paperwork. If an officer gave you a citation, the arraignment is the appearance date on it. If you received a summons, use the date on the summons. Tempe notes that if you were released from jail, your release order has your court date.
  • You enter a plea. The choices are not guilty, guilty, or no contest. Tempe’s court calls this one of the most important decisions you will make.
  • No testimony is taken. No witnesses appear, unless a victim in the case has asked to be present, and the judge will not grant a request to dismiss the charge at arraignment.
  • A guilty or no contest plea can lead to sentencing right after the judge accepts it. Tempe also warns that if someone was injured, a guilty plea could later be used in a civil lawsuit as an admission of fault.
  • A not guilty plea leads to a pretrial conference (Phoenix calls it a pre-trial disposition conference) and then a trial setting.
  • Diversion. For some offenses, the city prosecutor offers diversion programs, and both courts say eligible defendants receive that information at arraignment.
Tempe City Hall, the inverted-pyramid building on Fifth Street in downtown Tempe, Arizona

In both courts, the case is prosecuted by the city prosecutor’s office, not by the person who called the police. You can check upcoming Tempe dates on the court’s case status site.

Hire a criminal defense attorney before your court date. Available 24/7.

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What Should You Bring to Court?

  • Your copy of the complaint or citation. The Phoenix citation form says to bring it (Phoenix citation form).
  • Any summons or release order you were given, plus a photo ID.
  • Time. Everyone entering Phoenix Municipal Court goes through security screening (About the Phoenix Municipal Court).

Leave weapons at home, including knives and pepper spray. Wear a shirt and shoes, remove your hat in the courtroom, and avoid bringing small children. Phoenix notes that in some circumstances a defendant may be taken into custody right after a court appearance, so arrange child care ahead of time.

What Release Conditions Can the Court Set?

If you were arrested and booked, a judge has likely already set release conditions. Under A.R.S. § 13-3967, the court can, among other things:

  • restrict your travel, where you live, or who you associate with, which is how no-contact orders usually appear;
  • prohibit you from possessing deadly weapons, or from using alcohol or certain drugs;
  • require you to report to a court officer or follow supervision; and
  • require a cash deposit or other security.

The release order lists your conditions, and the judge must warn you that a warrant for your arrest can be issued for a violation. If an assault is charged as domestic violence assault under A.R.S. § 13-3601, the DV label carries added consequences, so read any no-contact terms especially closely.

Why You Should Not Contact the Alleged Victim

Reaching out to explain, apologize, or ask the other person to “drop it” can seriously hurt your case:

  • It may violate your release order, which can lead to a warrant and new charges.
  • Your words become evidence. Texts, calls, and social media posts can all be shown in court.
  • It can be charged as a separate crime. Communicating with a witness to get them to withhold testimony, testify falsely, or skip court is tampering with a witness, a felony under A.R.S. § 13-2804.
  • Arizona law sets the channel. Under A.R.S. § 13-4433, a defendant, the defense attorney, or anyone acting for the defendant may initiate contact with a victim only through the prosecutor’s office.

The alleged victim cannot drop the case; the city prosecutor decides. Give any new information to your defense attorney instead. See mistakes to avoid after an assault charge.

Why Hire a Lawyer Before Your Court Date?

Both courts say the same thing: no one except an attorney may represent you. Arriving with a lawyer already on your case matters because:

  • The plea decision comes first. A guilty or no contest plea can end the case that day, with a sentence, before anyone has reviewed the evidence.
  • Offers depend on details. A lawyer can explain what a diversion or plea offer means for your record.
  • Evidence fades. Video can be recorded over, and witnesses become harder to find. Early work preserves what helps your defense, such as proof of self-defense under Arizona law.
  • The pretrial conference is a negotiation. Tempe’s court reminds defendants they are not required to discuss the facts with the prosecutor, because anything said can be used against them.

Free case review

Hire a criminal defense attorney before your court date.

Guardian Law Group offers a free review of your specific criminal case. Send your citation or complaint, case number, court name, and court date ahead, so the review is about your case, not general questions.

Call 602-888-8020, available 24/7 Send your case details for a free review
Christian Lueders, Arizona criminal defense attorney and former Maricopa County felony prosecutor, in a courtroom

Why Hire Guardian Law Group for an Assault Charge?

A former prosecutor on your side

Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how prosecutors evaluate assault reports, injury photos, and witness statements.

Ready before the first hearing

Hiring the firm before your arraignment means your plea, your release conditions, and any early offer are handled with a strategy, not on the spot. Read what clients say about Guardian Law Group.

Hire a criminal defense attorney before your court date. Call 602-888-8020, available 24/7, or send your case details for a free case review.

Questions About Your First Assault Court Date

Short answers. Every case is different.

What happens at an assault arraignment in Phoenix or Tempe?

You enter a plea of not guilty, guilty, or no contest. No witnesses testify, and the judge will not dismiss the charge at arraignment. A not guilty plea leads to a pretrial conference with the prosecutor.

Can I be sentenced at my first court date?

Yes. Both courts say that if you plead guilty or no contest, you may be sentenced right after the judge accepts the plea.

What happens if I miss my arraignment?

The Phoenix citation form warns that if you fail to appear, a warrant will be issued for your arrest (Phoenix citation form). Keep every court date.

Can I contact the alleged victim to explain my side?

No. It may violate your release order and can be used as evidence. Arizona law says the defense may initiate contact with a victim only through the prosecutor’s office (A.R.S. § 13-4433).

Is misdemeanor assault the same as aggravated assault?

No. Misdemeanor assault falls under A.R.S. § 13-1203. Aggravated assault under A.R.S. § 13-1204 is a felony. See our aggravated assault page.