Misdemeanor Vs. Felony Assault Charges in Arizona

Misdemeanor assault, commonly referred to as “simple assault,” is generally defined under ARS 13-1203. This charge applies when a person:

• Intentionally, knowingly, or recklessly causes physical injury to another person ( Class 1 or Class 2 Misdemeanor ).
• Intentionally places another person in reasonable apprehension of imminent physical injury ( Class 3 Misdemeanor ).
• Knowingly touches another person with the intent to injure, insult, or provoke them ( Class 3 Misdemeanor ).

Simple assault charges are classified as misdemeanors when there is no use of a weapon and no serious injury occurs. The severity of the charge can vary based on the level of injury inflicted and other circumstances, such as the relationship between the defendant and the victim.

In Arizona, penalties for misdemeanor assault depend on the class of the misdemeanor:

• Class 1 misdemeanor: Punishable by up to six months in jail and fines of up to $2,500.
• Class 2 misdemeanor: Punishable by up to four months in jail and a fine of up to $750.
• Class 3 misdemeanor: Punishable by up to 30 days in jail and a fine of up to $500.

A person charged with misdemeanor assault may also be required to pay restitution to the victim, attend anger management classes, or complete community service.

Under Arizona law, aggravated assault is a more serious form of assault and is classified as a felony when certain aggravating factors are present. According to ARS 13-1204, aggravated assault occurs when a person commits assault as defined in ARS 13-1203 and any of the following circumstances apply:

1. The person causes serious physical injury to another.
2. The person uses a deadly weapon or dangerous instrument.
3. The assault results in temporary but substantial disfigurement, loss or impairment of a body organ, or a fracture of a body part.
4. The victim is bound or physically restrained, or their capacity to resist is substantially impaired.
5. The assault occurs after the perpetrator unlawfully enters the private home of another with the intent to commit the assault.
6. The perpetrator is 18 years or older, and the victim is under 15 years of age.
7. The assault is committed in violation of an order of protection issued against the perpetrator under ARS 13-3602 ( Order of Protection )or ARS 13-3624 ( Emergency Order of Protection ). 
8. The perpetrator knows or has reason to know that the victim belongs to one of the following categories:
• A peace officer or someone summoned by the officer.
• A constable or their deputy, while performing official duties.
• A firefighter, emergency medical technician (EMT), paramedic, or other emergency personnel performing their duties.
• A teacher or school employee on school grounds, or in any location related to school activities.
• A healthcare worker performing their duties.
• A prosecutor or public defender engaged in official duties.
• A judicial officer or law enforcement employee.
• A state or municipal park ranger, or a public transit or airport employee.
• A railway worker operating a train or maintaining tracks.
9. The person knowingly takes or attempts to take control of a peace officer’s firearm, weapon, or implement being used in the officer’s official duties.
10. The perpetrator is imprisoned or in the custody of a correctional facility, and the assault is committed against an employee acting in an official capacity.
11. The person uses a simulated deadly weapon.

Additionally, aggravated assault also occurs when a person impedes another’s breathing or circulation by applying pressure to the throat, neck, or blocking the nose and mouth, especially when committed under domestic violence circumstances outlined in ARS 13-3601.

Aggravated assault charges carry severe penalties in Arizona, and the classification of the felony depends on the specific circumstances of the offense.

• Class 2 Felony:
  Aggravated assault is charged as a Class 2 felony if:
• The victim is under 15 years of age and suffers serious physical injury or the assault involves the use of a deadly weapon.
• The assault is committed on a peace officer or correctional officer during the execution of their official duties. Penalty: Up to 12.5 years in prison, with mandatory minimum sentences for assaults on peace officers.
• Class 3 Felony:
  A Class 3 felony applies when:
• The assault results in temporary but substantial disfigurement, loss or impairment of a body organ, or a bone fracture.
• The victim is a peace officer or a healthcare worker and suffers physical injury. Penalty: Up to 8.75 years in prison.
• Class 4 Felony:
  Aggravated assault is considered a Class 4 felony if:
• The person impedes the breathing or circulation of the victim, such as through choking or strangulation.
• The assault involves entering someone’s home with the intent to commit the crime or occurs while the victim is restrained. Penalty: Up to 3.75 years in prison.
• Class 5 Felony:
  A Class 5 felony occurs when:
• The person knowingly attempts to take a weapon other than a firearm from a peace officer.
• The victim is a public defender, judicial officer, or park ranger performing official duties. Penalty: Up to 2.5 years in prison.
• Class 6 Felony:
  A Class 6 felony is charged when:
• The assault is committed on a protected class of individuals, such as teachers, health care workers, or public transit employees, but results in minor or no injuries. Penalty: Up to 2 years in prison.

Each class of felony carries not only prison time but also additional consequences, including fines, probation, and a permanent criminal record. These penalties can severely impact employment opportunities, housing, and overall quality of life, making it critical to have a strong legal defense.

In Arizona, courts rely on legal precedents and case law to interpret the meaning of “serious physical injury” under ARS 13-105(39), which defines it as an injury that creates a reasonable risk of death, causes serious and permanent disfigurement, or results in the protracted loss or impairment of any body part or organ. 

In State v. George, 206 Ariz. 436 (App. 2003), the Court of Appeals affirmed that injuries such as deep lacerations, fractures, and those requiring extended medical treatment can qualify as serious physical injuries. The court examined the nature of the injury, the treatment required, and the long-term effects to determine if the injury met the statutory definition.

Aggravated assault charges in Arizona can sometimes be reduced, depending on the circumstances of the case. Factors such as the severity of the injury, the defendant’s criminal history, and whether a weapon was involved can influence the possibility of a reduction. A skilled attorney can negotiate with the prosecution, potentially reducing a felony charge to a lower-class felony or even a misdemeanor through plea agreements. In some cases, if mitigating factors are present, such as lack of intent or a provocation defense, charges may be reduced before trial. 

Yes, self-defense can be a viable defense strategy in Arizona assault cases. Under ARS 13-404, individuals may use physical force if they reasonably believe it is necessary to protect themselves from another person’s unlawful force.

 The key consideration is whether the defendant’s belief that force was necessary was reasonable and proportionate to the threat.

For example, if deadly force is used in response to a non-lethal threat, self-defense may not apply. In State v. Carson, 243 Ariz. 463 (App. 2018), the court emphasized that for a self-defense claim to succeed, the defendant’s actions must be reasonable under the circumstances, considering both the immediacy and severity of the threat.

Alternatives to Self Defense as a Legal Strategy

If self-defense is not applicable, Guardian Law can explore other defense strategies, such as:

• Lack of Intent: The prosecution must prove that the defendant intentionally committed the assault. An attorney can argue that the act was accidental or that there was no intent to cause harm.

• Mistaken Identity: If there is uncertainty about who committed the assault, an attorney can present evidence suggesting that the defendant was not the individual responsible.

• Consent: In some situations, the alleged victim may have consented to the actions that led to the assault charges. This defense can be used when the incident occurred during consensual activities, such as sports or other mutual engagements.

• Insufficient Evidence: The burden of proof is on the prosecution. An attorney can challenge the sufficiency of the evidence by questioning the credibility of witnesses, the accuracy of physical evidence, or other elements of the case.

• Constitutional Violations: If law enforcement violated the defendant’s rights, such as conducting an unlawful search or seizure or failing to provide Miranda warnings, any evidence obtained as a result may be excluded from trial, potentially weakening the prosecution’s case.

Each of these strategies can be tailored to the unique facts of the case. Christian Lueders and the team at Guardian Law will carefully review all evidence and circumstances to determine the best defense approach.