The crime of assault covers a number of types of offenses.
The crime can be physical, verbal, or sexual in nature.
A misdemeanor assault is committed by:
- Intentionally, knowingly or recklessly causing any physical injury to another person; or
- Intentionally placing another person in reasonable apprehension of imminent physical injury; or
- Knowingly touching another person with the intent to injure, insult or provoke such person.
No actually injury is necessary to be charged and convicted of this assault. If convicted of a misdemeanor assault charge, the penalty is up to six months in jail on the first offense.
When a person commits assault with a weapon or dangerous instrument, such as a vehicle, the crime is considered to an Aggravated Assault, which is a felony. Aggravated Assault is also the result when the victim suffers from a serious physical injury or temporary but substantial disfigurement or loss or impairment of a body organ or fracture. Additionally, it is considered an aggravated assault if the assault was committed against a police officer, a firefighter, paramedic, or a child is under the age of 15 years.
As a felony, the penalties are enhanced and could result in a prison sentence. If a dangerous weapon was used or serious injuries resulted, an allegation of dangerousness is often filed by the prosecution and that can increase the punishment and will result in mandatory prison time.
If the defendant and the victim are in a domestic relationship, the crime is considered one of domestic violence. These cases are treated differently and the consequences can be even more severe. In Arizona, domestic violence often involves the following types of domestic relationships:
- Spouses or ex-spouses;
- Dating couples;
- Couples with a child or pregnancy in common; or
- Parents and children; grandparents and grandchildren, siblings.
More information about domestic violence offenses can be found under Domestic Violence here.
In addition to possible incarceration, probation and fines, a domestic violence conviction will add the requirement of court-mandated counseling. This counseling could last several months. The court can also restrict communication with the victim. A domestic violence conviction can affect you in family court, resulting in the loss of custody rights and restricted visitation with a child. The consequences do not end there. You will lose your right to possess a firearm. Due to the nature of the offense, domestic violence convictions can also result in the loss of valuable job opportunities.
If you stand accused of such a crime, contact Robert A. Dodell, Attorney at Law, now. Your freedom, your rights and your future are at stake. It is very important that you speak to an experienced and aggressive assault defense attorney. Robert will assist you with the defense that you need to protect you from such crimes. Robert A. Dodell provides individual service when protecting your rights. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.