Phoenix Assault Lawyer

An assault charge in Arizona can change your life in an instant. Whether it stems from a heated argument, a bar fight, or a misunderstanding, a conviction can mean jail time, heavy fines, and a permanent criminal record.

I’m Joshua A. Lopez, Esq, a Phoenix assault lawyer known to my clients as Attorney Josh. With 165 five-star Google reviews, I’ve built my reputation on one principle: success through intelligence and strategy.

My approach is simple—Smart Defense. Strong Results. I use investigative precision, legal insight, and tactical planning to dismantle weak prosecutions and protect my clients’ futures.

Understanding Assault Under Arizona Law

Assault in Arizona is governed by A.R.S. § 13-1203 and § 13-1204. The law defines assault broadly, meaning you can be charged even if no one was physically injured.

You may face assault charges if you allegedly:

• Intentionally or knowingly caused physical injury to another person.
• Intentionally placed someone in reasonable fear of imminent injury.
• Knowingly touched another person with intent to injure, insult, or provoke.

Depending on the circumstances, an assault charge may be classified as misdemeanor assault or aggravated (felony) assault.

Types of Assault Charges

Misdemeanor Assault

A misdemeanor assault—sometimes called “simple assault”—typically involves minor or no injuries and no weapon.
Penalties can include:

• Up to six months in jail
• $2,500 in fines
• Probation, anger-management, or community service
• A criminal record that affects jobs, licensing, and background checks

Aggravated Assault

Under A.R.S. § 13-1204, assault becomes “aggravated” when certain factors elevate the seriousness, such as:

• Use of a deadly weapon or dangerous instrument
• Serious physical injury to the alleged victim
• Assaulting a police officer, teacher, or healthcare worker
• Committing the act while the victim is restrained or incapacitated
• Assaulting someone in their home

Aggravated assault is a felony, carrying years of prison time, significant fines, and long-term consequences like loss of gun rights and employment opportunities.

Because of these severe penalties, every detail matters—and a smart defense can make the difference between a felony conviction and a dismissed charge.

How I Build a Smart Defense

As a Phoenix assault lawyer, my job is to challenge every element of the prosecution’s case. Assault cases often depend on perception, conflicting stories, or unreliable witnesses. My goal is to expose doubt wherever it exists.

1. Investigate the Full Story

I start by gathering every piece of evidence—police reports, 911 recordings, surveillance footage, medical records, and witness statements. What the police claim happened and what truly happened are often very different stories.

2. Examine Intent and Context

Intent is central to assault. Did you intend to cause harm, or were you defending yourself? Did the alleged “victim” provoke or initiate the incident? I use facts and psychology to clarify your actions and intent.

3. Analyze Law Enforcement Procedures

If officers mishandled evidence, failed to read your rights, or used unlawful force, that misconduct becomes a key part of your defense.

4. Present a Self-Defense Narrative

Arizona law gives people the right to defend themselves and others from harm. I build compelling arguments showing your actions were protective, not aggressive.

5. Negotiate Strategically

When appropriate, I negotiate with prosecutors for reduced charges, diversion programs, or dismissal—always with your long-term reputation in mind.

6. Prepare Relentlessly for Trial

If the state refuses to drop or reduce the case, I prepare for trial with tactical precision—anticipating every argument and using cross-examination to expose inconsistencies.

That’s the meaning of Smart Defense. Strong Results.

Common Defenses to Assault Charges

Every assault case is unique, but some legal defenses frequently lead to reduced or dismissed charges:

Self-Defense

If you reasonably believed you were in danger of physical harm and used only necessary force, your actions are legally justified.

Defense of Others or Property

You may lawfully use reasonable force to protect another person or to stop someone from unlawfully entering or damaging your property.

Lack of Intent

Accidental or reflexive contact doesn’t meet the legal definition of assault. The prosecution must prove intent beyond a reasonable doubt.

Mutual Combat

In some situations, both parties consent to a fight. While this doesn’t automatically eliminate liability, it can substantially reduce penalties.

False Accusation

Many assault cases stem from domestic disputes, jealousy, or revenge. I uncover inconsistencies and motives that reveal the truth behind false claims.

Insufficient Evidence

If witness testimony conflicts or physical evidence is lacking, the prosecution’s case weakens—and I leverage that to your advantage.

Penalties and Long-Term Consequences

The immediate penalties for assault are severe, but the collateral consequences often cause even greater harm.

• Criminal Record: Future employers, landlords, and licensing boards can see the charge.
• Loss of Gun Rights: Felony assault convictions permanently remove firearm privileges.
• Employment Impact: Professions that require trust—healthcare, education, law enforcement—can revoke certifications.
• Custody and Family Issues: In domestic cases, a conviction can affect child-custody arrangements.
• Reputation Damage: Even an allegation can tarnish your name in your community or workplace.

A smart defense doesn’t only fight the case in court—it protects your life beyond the courtroom.

Why Assault Charges Are Often Overcharged

In many situations, law enforcement or prosecutors overcharge defendants with aggravated assault when the facts suggest a lesser offense—or none at all.

Examples include:

• Minor contact being labeled “serious injury.”
• Verbal disputes being misinterpreted as threats.
• Defensive actions being treated as aggression.
• Alleged victims exaggerating claims for leverage in civil or family disputes.

As a Phoenix assault lawyer, I challenge those overcharges by highlighting context, inconsistencies, and proportionality. My mission is to ensure the system treats you fairly and your side is fully heard.

Why Clients Choose Attorney Josh

Clients across Phoenix and Maricopa County choose me because they know they’ll receive strategic, results-driven defense and personal attention.

Here’s what separates my firm from others:

• 165 Five-Star Google Reviews: Proof of my dedication, success, and client trust.
• Smart, Tactical Approach: Every move is calculated to strengthen your defense and weaken the prosecution.
• Direct Access to Your Lawyer: You work directly with me—never handed off to a junior associate.
• Experience Across Arizona Courts: From misdemeanors to complex felony trials.
• Discreet Representation: I handle sensitive matters with professionalism and confidentiality.
• Strong Results: Dismissals, reductions, and acquittals through strategic advocacy.

When your freedom is on the line, you deserve more than generic representation—you deserve Smart Defense. Strong Results.

Frequently Asked Questions

Can an Assault Charge Be Dropped?

Yes. Many cases are dismissed due to lack of evidence, false accusations, or successful negotiation. I pursue every avenue for dismissal before trial.

Will I Go to Jail for Assault?

That depends on the severity of the charge, your criminal history, and the facts of the case. With the right defense, jail time can often be avoided.

Is Assault a Felony in Arizona?

Simple assault is typically a misdemeanor, but aggravated assault—especially with a weapon or serious injury—is a felony.

What Should I Do After an Arrest?

Stay silent. Do not discuss your case with police or others until you have legal counsel. Contact a Phoenix assault lawyer immediately.

Can an Assault Charge Affect My Gun Rights?

Yes. A felony conviction permanently removes your right to possess or purchase firearms. Fighting to keep the charge off your record protects those rights.

Areas Served

I represent clients throughout Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and all of Maricopa County.
Whether you face misdemeanor or felony assault charges, I deliver intelligent, focused defense that keeps your future in mind at every step.

How We Can Help

If you’ve been charged with assault in Phoenix, your freedom and reputation are on the line. Don’t face the criminal justice system alone.

At the Law Office of Joshua A. Lopez, Esq, I combine experience, strategy, and precision to create Smart Defense. Strong Results.

Call 480-386-1824 today for a free and confidential consultation.

We’ll review your case, discuss your options, and build a defense designed to protect your name, your rights, and your future.

When your freedom is at risk, intelligence—not impulse—wins the case. That’s Smart Defense. Strong Results.