Have you been charged with misdemeanor assault in Tucson? Have you spoken with an experienced Tucson assault lawyer?
Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. This article is in reference to misdemeanor or simple assault.
Under A.R.S. 13-1203, you can be charged with misdemeanor assault if you commit any of the following:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
Misdemeanor assault can be classified as a Class 1, Class 2, or Class 3 Misdemeanor depending upon such factors as mental state, degree of touching, verbal threats or injury, and other factors.
Defenses to Misdemeanor Assault in Tucson
One of the most common defenses to misdemeanor assault is that you lacked the mental state to commit the crime. Under ARS 13-105 (10), in order to be charged with misdemeanor assault, you must have recklessly, intentionally, or knowingly committed one of the above acts. Therefore, if you can prove that you accidentally caused harm or injured another person you cannot be charged with misdemeanor assault.
In addition to proving lack of mental state, there are a number of other defenses available for a misdemeanor assault charge. It’s important you consult with an experienced Tucson assault attorney to understand the charges against you, the penalties associated with those charges, and to present your best defense.
Penalties for Misdemeanor Assault in Tucson
If you have been charged with knowingly touching another person in order to provoke, injure, or assault you can be convicted of a Class 3 Misdemeanor. The penalties for a Class 3 Misdemeanor are up to 30 days in jail and/or a fine up to $500.
If you intentionally place another person in reasonable apprehension of imminent physical injury, you may be charged with a Class 2 Misdemeanor. Penalties for a Class 2 Misdemeanor include up to 4 months in jail and/or a fine up to $750.
If you physically injured someone with an intentional, reckless, or knowing mental state you can be charged with a Class 1 Misdemeanor. Penalties for a Class 1 Misdemeanor include up to 6 months in jail and/or a fine up to $2,500.