Mesa Assault Lawyer

Assault charges in Mesa range from misdemeanor simple assault to serious felony aggravated assault carrying potential prison time. Mesa’s size—Arizona’s third-largest city—means significant assault case volume from the downtown entertainment district, residential neighborhoods, Spring Training events at Sloan Park, and domestic situations. Understanding the specific assault charge you face and available defenses is essential to protecting your future.

Attorney Josh Lopez represents clients facing assault charges throughout Mesa.

→ For comprehensive Arizona assault information, see: Arizona Assault Laws

Simple Assault (ARS § 13-1203)

A person commits assault by:

Three Ways to Commit Assault

1. Intentionally, knowingly, or recklessly causing physical injury

• Actual injury required
• Class 1 Misdemeanor

2. Intentionally placing another in reasonable apprehension of imminent physical injury

• No contact required—just fear of injury
• Class 2 Misdemeanor

3. Knowingly touching another with intent to injure, insult, or provoke

• Offensive touching without injury
• Class 3 Misdemeanor

Simple Assault Penalties

Type	Classification	Maximum Jail
Causing injury	Class 1 Misdemeanor	6 months
Reasonable apprehension	Class 2 Misdemeanor	4 months
Offensive touching	Class 3 Misdemeanor	30 days

Aggravated Assault (ARS § 13-1204)

Assault becomes aggravated (felony) based on:

Aggravating Circumstances

• Causing serious physical injury
• Using a deadly weapon or dangerous instrument
• Causing temporary but substantial disfigurement
• Causing fracture of any body part
• Victim is bound or physically restrained
• Victim’s ability to resist is substantially impaired
• Entering private home to commit assault
• Victim is under 15 years old
• Assault while violating Order of Protection

Protected Victim Categories

Assault against certain victims is automatically aggravated:

• Peace officers
• Firefighters
• Teachers and school employees
• Healthcare practitioners
• Prosecutors
• Park rangers
• Public defenders
• Code enforcement officers

Aggravated Assault Classifications

Circumstance	Classification	Prison Range
Serious injury	Class 3 Felony	2.5 – 8.75 years
Deadly weapon	Class 3 Felony	2.5 – 8.75 years
Dangerous offense	Class 3 Dangerous	5 – 15 years
Victim under 15	Class 3 Felony	2.5 – 8.75 years
Protected victim	Class 5/6 Felony	Varies

Domestic Violence Assault

When assault occurs between people with a qualifying domestic relationship, it carries a domestic violence designation:

Qualifying Relationships

• Spouses or former spouses
• Current or former cohabitants
• People with a child in common
• Related by blood or marriage
• Current or former romantic/sexual relationship

DV Assault Consequences

• Mandatory arrest upon probable cause
• No-contact orders
• Federal firearm prohibition (lifetime upon conviction)
• DV offender treatment (26-52 weeks)
• Enhanced penalties for repeat DV offenses

→ See: Mesa Domestic Violence Lawyer

Common Assault Scenarios in Mesa

Downtown Entertainment District

Mesa’s revitalized downtown along Main Street sees assault charges from:

• Bar and restaurant altercations
• Disputes outside nightlife venues
• Confrontations near light rail stops

Spring Training at Sloan Park

During Cubs Spring Training (February-March):

• Stadium area confrontations
• Parking lot incidents
• Post-game altercations

Residential Neighborhoods

Mesa’s extensive residential areas generate:

• Neighbor disputes
• Household arguments
• Property line confrontations

Superstition Springs Area

The retail and entertainment area around Superstition Springs Mall sees:

• Parking lot confrontations
• Store incidents
• Road rage spilling into parking areas

Domestic Situations

A significant portion of Mesa assault cases involve domestic relationships:

• Household arguments escalating to physical contact
• Mutual combat between partners
• Incidents involving children present

Defense Strategies

Self-Defense

Arizona law allows reasonable force to defend yourself:

• Reasonable belief of imminent threat
• Force proportional to threat
• No duty to retreat in most situations

Defense of Others

Using reasonable force to protect another person from assault.

Defense of Property

Limited right to use force protecting property—generally cannot use deadly force for property alone.

Lack of Intent

Assault requires intentional, knowing, or reckless conduct:

• Accidental contact
• No intent to injure
• Reflexive action

No Physical Injury

For Class 1 assault (causing injury), actual injury must be proven:

• No visible injury
• Claimed injury not supported by evidence
• Injury not caused by defendant

Consent

In limited circumstances, mutual agreement to physical contact:

• Sports activities
• Consensual physical activities
• Mutual combat (limited defense)

Mistaken Identity

• Witness identification unreliable
• Multiple people involved in altercation
• Poor lighting or conditions

Mesa Courts

Mesa Municipal Court

Location: 225 E. Main Street, Mesa, AZ 85201

Handles misdemeanor assault charges (simple assault) arising within Mesa city limits.

Southeast Regional Superior Court

Location: 222 E. Javelina Avenue, Mesa, AZ 85210

Handles felony aggravated assault cases in the Southeast Valley.

Frequently Asked Questions

Is assault a felony in Mesa?

Simple assault is a misdemeanor. Assault becomes a felony (aggravated assault) when it involves serious injury, deadly weapons, protected victims, or other aggravating circumstances.

Can I be charged with assault if I didn’t touch anyone?

Yes. Placing someone in reasonable fear of imminent physical injury (Class 2 Misdemeanor) doesn’t require actual contact.

What if the other person started it?

Self-defense is a valid defense if you reasonably believed force was necessary and used proportional force. However, you cannot claim self-defense if you were the initial aggressor.

Will assault affect my gun rights?

Misdemeanor assault generally doesn’t affect gun rights unless it carries a domestic violence designation. DV assault triggers federal firearm prohibition. Felony aggravated assault results in loss of gun rights.

Can assault charges be dropped if the victim doesn’t want to prosecute?

The prosecutor decides whether to proceed, not the victim. While victim cooperation affects cases, the state can prosecute without victim testimony in some situations.

What is the difference between assault and battery?

Arizona combines assault and battery into the single offense of “assault.” There is no separate battery charge.

Contact a Mesa Assault Defense Attorney

Assault charges range from misdemeanor to serious felony with potential prison time. Self-defense and other defenses may apply. Attorney Josh Lopez defends assault charges throughout Mesa.

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004

Call (480) 386-1824 for a free consultation.