Phoenix Assault Lawyer

Assault charges in Phoenix range from misdemeanor offenses carrying months in jail to serious felonies with potential prison sentences of over a decade. Under Arizona law, assault does not require physical injury—placing someone in fear of harm or touching them in an offensive manner can support criminal charges. When weapons are involved or victims are seriously injured, charges escalate to aggravated assault with dramatically higher penalties.

Attorney Josh represents clients throughout Phoenix facing assault and aggravated assault charges, from bar altercations and road rage incidents to domestic disputes and cases involving allegations of serious injury.

→ For comprehensive Arizona assault statutes and statewide information, see: Arizona Assault Laws

Simple Assault Under Arizona Law (ARS § 13-1203)

Arizona’s assault statute is broader than many people expect. Under ARS § 13-1203, a person commits assault by:

1. Intentionally, knowingly, or recklessly causing physical injury to another person

This is the most common form—actual physical harm occurred. The mental state matters: intentional and knowing assaults are more serious than reckless ones.

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

No contact is required. If you made someone reasonably fear you were about to hurt them, assault charges can apply—even if you never touched them.

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

This covers offensive touching that doesn’t cause injury. Pushing, grabbing, or poking someone in a confrontational manner can constitute assault.

Simple Assault Classifications

Type of Assault	Classification	Maximum Penalty
Causing physical injury (intentionally/knowingly)	Class 1 Misdemeanor	6 months jail, $2,500 fine
Causing physical injury (recklessly)	Class 1 Misdemeanor	6 months jail, $2,500 fine
Reasonable apprehension of injury	Class 2 Misdemeanor	4 months jail, $750 fine
Touching to injure, insult, or provoke	Class 3 Misdemeanor	30 days jail, $500 fine

Aggravated Assault (ARS § 13-1204)

When certain aggravating factors are present, assault becomes aggravated assault—a felony offense with potential prison time.

Aggravating Circumstances

Assault becomes aggravated when any of the following circumstances exist:

Serious Physical Injury

• Assault causes serious physical injury (injury creating substantial risk of death, serious disfigurement, or impairment of health)
• Classification: Class 3 Felony

Deadly Weapon or Dangerous Instrument

• Assault involves a deadly weapon (firearm, knife) or dangerous instrument (any object capable of causing death or serious injury in the manner used)
• Classification: Class 3 Felony

Temporary but Substantial Disfigurement or Impairment

• Assault causes temporary but substantial disfigurement, loss, or impairment of any body organ or part
• Classification: Class 4 Felony

Victim Bound or Restrained

• Assault committed while victim is bound, physically restrained, or has capacity to resist substantially impaired
• Classification: Class 4 Felony

Home Invasion

• Assault committed after entering victim’s private home with intent to commit assault
• Classification: Class 3 Felony

Child Victim Under 15

• Assault on a victim under 15 years old by a defendant 18 or older
• Classification: Class 6 Felony (minimum)

Order of Protection Violation

• Assault committed in violation of an Order of Protection
• Classification: Class 6 Felony

Strangulation

• Assault by knowingly impeding breathing or blood circulation by applying pressure to throat/neck or blocking nose/mouth
• Classification: Class 4 Felony (Class 3 if victim is pregnant)

Protected Victim Categories

Assault on certain victims automatically elevates to aggravated assault, regardless of injury level:

Protected Victim	Classification
Peace officer (while engaged in duties)	Class 5 Felony
Firefighter (while engaged in duties)	Class 5 Felony
Teacher or school employee (on school grounds)	Class 5 Felony
Healthcare practitioner (while providing care)	Class 5 Felony
Prosecutor	Class 5 Felony
Correctional officer	Class 5 Felony
EMT/Paramedic	Class 5 Felony
Park ranger	Class 5 Felony
Code enforcement officer	Class 5 Felony
Public defender	Class 5 Felony

Note: If the assault on a protected victim causes serious physical injury, involves a deadly weapon, or results in substantial impairment, the classification increases.

Aggravated Assault Penalties

Aggravated assault penalties depend on whether the offense is classified as “dangerous” (involving a deadly weapon or dangerous instrument or causing serious physical injury) or “non-dangerous.”

Non-Dangerous Aggravated Assault (First Offense)

Classification	Mitigated	Presumptive	Aggravated	Probation Eligible?
Class 6 Felony	4 months	1 year	2 years	Yes
Class 5 Felony	6 months	1.5 years	2.5 years	Yes
Class 4 Felony	1.5 years	2.5 years	3.75 years	Yes
Class 3 Felony	2.5 years	3.5 years	8.75 years	Yes

Dangerous Aggravated Assault (First Offense)

Classification	Mitigated	Presumptive	Aggravated	Probation Eligible?
Class 6 Felony	1.5 years	2.25 years	3 years	No – Prison mandatory
Class 5 Felony	2 years	3 years	4 years	No – Prison mandatory
Class 4 Felony	4 years	6 years	8 years	No – Prison mandatory
Class 3 Felony	5 years	7.5 years	15 years	No – Prison mandatory
Class 2 Felony	7 years	10.5 years	21 years	No – Prison mandatory

Critical: Dangerous offenses require mandatory prison time—probation is not an option. Prior felony convictions dramatically increase these ranges.

Assault with Domestic Violence Designation

When assault occurs between people with a qualifying domestic relationship, the charge carries a domestic violence designation under ARS § 13-3601. This applies when the defendant and alleged victim are:

• Married or formerly married
• Living together or formerly living together
• Parents of a common child
• Related by blood
• Currently or formerly in a romantic/sexual relationship

Additional DV Consequences

The DV designation triggers:

• Mandatory arrest upon probable cause
• No-contact release conditions
• Federal firearm prohibition upon conviction
• Aggravated Domestic Violence (Class 5 Felony) for third DV offense in 84 months
• Child custody implications

→ See: Phoenix Domestic Violence Defense Lawyer

Common Assault Scenarios in Phoenix

Bar and Nightclub Altercations

Phoenix’s entertainment areas (downtown Roosevelt Row, Old Town Scottsdale, Mill Avenue in Tempe) see frequent assault charges arising from bar conflicts. Alcohol, crowded conditions, and late hours create situations where minor disputes escalate. Security footage, witness statements, and 911 calls become key evidence.

Road Rage Incidents

Phoenix’s roadways see regular road rage incidents that result in assault charges. Following too closely, cutting someone off, or making gestures can lead to confrontations at stoplights or parking lots. These cases often involve conflicting accounts of who initiated the confrontation.

Sporting Events and Concerts

Large events at Chase Field, Footprint Center, and State Farm Stadium generate assault charges when fan disputes turn physical. These cases often involve alcohol and multiple witnesses with varying perspectives.

Workplace Conflicts

Workplace altercations result in assault charges, sometimes with professional licensing and employment consequences beyond the criminal case.

Domestic Disputes

Many assault charges arise from disputes between household members or romantic partners. These cases carry the domestic violence designation and its additional consequences.

Defense Strategies for Assault Charges

Self-Defense (ARS § 13-404)

Arizona law recognizes the right to use physical force in self-defense. Under ARS § 13-404, a person is justified in using physical force when a reasonable person would believe it immediately necessary to protect against the other’s use or attempted use of unlawful physical force.

Key elements:

• Reasonable belief: You must reasonably believe force was necessary
• Proportional response: Force used must be proportional to the threat
• No duty to retreat: Arizona is a “stand your ground” state—you have no obligation to flee before defending yourself
• Initial aggressor exception: Self-defense is limited if you provoked the encounter

Evidence supporting self-defense:

• Injuries to the defendant
• Witness testimony about who initiated contact
• Video footage showing the sequence of events
• History of threats or aggression by the alleged victim

Defense of Others (ARS § 13-406)

You may use physical force to defend another person to the same extent that person would be justified in using self-defense. The key is whether you reasonably believed the third person was in danger.

Defense of Property (ARS § 13-407)

A person may use reasonable physical force to prevent criminal trespass, criminal damage, or theft of property. This defense is limited—deadly force is generally not justified solely to protect property.

Lack of Intent

Assault requires a specific mental state. Defenses based on lack of intent include:

• Accident: The contact was accidental, not intentional or knowing
• No awareness: You did not know your conduct would cause apprehension (for “fear” assault)
• No intent to injure/insult: The touching was not meant to injure, insult, or provoke

Misidentification

In chaotic situations—bar fights, crowd incidents—the wrong person may be identified as the assailant. Defense investigation may reveal:

• Witness descriptions don’t match defendant
• Video footage shows another person
• Multiple people involved, unclear who caused injury

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. Defense may focus on:

• Conflicting witness accounts
• No physical evidence corroborating injury claims
• Alleged victim’s credibility issues
• Lack of medical documentation

Constitutional Violations

Evidence may be suppressed if obtained through:

• Unlawful arrest
• Miranda violations (statements made during custodial interrogation without warnings)
• Coerced confessions

Related Offenses

Threatening or Intimidating (ARS § 13-1202)

Threatening to cause physical injury or serious damage to property is a separate offense. It’s a Class 1 Misdemeanor, or Class 6 Felony if done to promote criminal street gang activity.

Disorderly Conduct (ARS § 13-2904)

Fighting or violent behavior may also be charged as disorderly conduct. Sometimes prosecutors charge both assault and disorderly conduct for the same incident.

→ See: Phoenix Disorderly Conduct Lawyer

Endangerment (ARS § 13-1201)

Recklessly endangering another person with substantial risk of imminent death or physical injury. Class 6 Felony if risk of death; Class 1 Misdemeanor otherwise.

→ See: Phoenix Endangerment Lawyer

Collateral Consequences of Assault Convictions

Employment

Assault convictions (even misdemeanors—) appear on background checks and can disqualify candidates for many positions. Jobs requiring trust, working with vulnerable populations, or security clearances are particularly affected.

Professional Licensing

Many professional licenses (healthcare, legal, education, real estate) require disclosure of criminal convictions and may be denied or revoked based on assault convictions.

Firearms

Felony assault convictions result in loss of firearm rights. Misdemeanor assault with a domestic violence designation triggers federal firearm prohibition.

Immigration

For non-citizens, assault convictions can have severe immigration consequences including deportation, inadmissibility, and denial of naturalization.

Frequently Asked Questions

Is assault a felony in Arizona?

Simple assault is typically a misdemeanor. However, assault becomes a felony (aggravated assault) when it involves serious injury, a deadly weapon, certain victim categories, strangulation, or other aggravating circumstances. Felony assault can carry years in prison.

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

Yes. Arizona law allows assault charges for placing someone in reasonable fear of imminent injury (no contact required) or for touching someone with intent to injure, insult, or provoke (no injury required).

What is the difference between assault and aggravated assault?

Simple assault is a misdemeanor involving minor injury, fear of injury, or offensive touching. Aggravated assault is a felony involving serious injury, deadly weapons, protected victims, or other aggravating factors.

Can assault charges be dismissed?

Yes. Charges may be dismissed due to self-defense, insufficient evidence, witness credibility issues, or constitutional violations. An attorney can evaluate your case for potential paths to dismissal.

What if the other person started the fight?

If you reasonably believed force was necessary to defend yourself and used proportional force, self-defense applies. Arizona has no duty to retreat. However, if you escalated beyond what was necessary or were the initial aggressor, the defense may be limited.

Will I go to jail for assault?

For misdemeanor assault, jail is possible but many first-time offenders receive probation. For felony aggravated assault classified as “dangerous” (involving weapons or serious injury), prison is mandatory—probation is not available.

How does assault affect my gun rights?

Felony assault convictions result in loss of firearm rights under both Arizona and federal law. Misdemeanor assault with a domestic violence designation triggers federal firearm prohibition under 18 U.S.C. § 922(g)(9).

Contact a Phoenix Assault Defense Attorney

Assault charges carry immediate and long-term consequences for your freedom, record, and future. Whether you face misdemeanor assault or felony aggravated assault, early intervention by an experienced attorney can significantly affect the outcome.

Attorney Josh defends assault charges throughout Phoenix and Maricopa County, working to challenge the prosecution’s evidence, assert available defenses, and achieve the best possible resolution.

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

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

Call (480) 386-1824 or complete the contact form to schedule your free consultation.