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Simple Assault Lawyer In Scottsdale, AZ

In Scottsdale, Arizona, as in many jurisdictions, assault is a serious offense that carries legal consequences. Simple assault, although considered a less severe form of assault compared to aggravated assault, is still a criminal offense. If charged with simple assault, it is extremely important to contact an experienced criminal defense attorney as soon as you can. 

If you have been charged with simple assault, it is important that you consult with a Criminal Defense attorney. When working with our law firm, you will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved. We offer free consultations to help you determine what your next steps need to be.

What Is Considered Simple Assault In Scottsdale?

Under Arizona Revised Statutes (ARS) 13-1203, simple assault is defined as the intentional, knowing, or reckless act of causing physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury, or knowingly touching another person with the intent to injure, insult, or provoke them.

  1. Causing Physical Injury: Simple assault includes intentionally causing physical injury to another person. This means that the defendant acted with the purpose of inflicting bodily harm on the victim, resulting in observable bodily injury. It can include actions such as punching, slapping, kicking, or any other act that leads to physical harm.

  1. Placing in Reasonable Apprehension: Simple assault also encompasses intentionally placing another person in reasonable apprehension of immediate physical injury. This means that the defendant's conduct creates a genuine fear in the victim's mind that they are about to be harmed. The victim does not need to suffer physical injury for this type of assault charge to apply. Threatening gestures, verbal threats, or other actions that reasonably lead the victim to believe they are in imminent danger can be considered simple assault.

  1. Knowingly Touching with Intent to Injure, Insult, or Provoke: Another form of simple assault is knowingly touching another person with the intent to injure, insult, or provoke them. This means that the defendant purposefully made physical contact with the victim and did so with the specific intent of causing harm, insulting them, or provoking a reaction. The contact does not necessarily need to cause physical injury but must be made with the intent to harm or provoke.

It's important to note that actual physical contact is not always required for an assault charge. The mere threat of harm or creating fear in the victim's mind can be sufficient to warrant a charge of simple assault. The focus is on the defendant's intent and the reasonable perception of the victim.

In Scottsdale, Arizona, simple assault is generally charged as a Class 1 misdemeanor unless specific aggravating factors are present. The penalties for a Class 1 misdemeanor can include up to six months in jail and fines of up to $2,500.

If you are facing simple assault charges, it's crucial to consult with a knowledgeable criminal defense attorney. They can review the specifics of your case, assess the evidence, and determine the most appropriate defense strategy based on the circumstances.

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Simple Assault Penalties & Consequences In Arizona

Class 1 Misdemeanor Penalties: In most cases of simple assault in Scottsdale, where no aggravating factors are present, the offense is considered a Class 1 misdemeanor. Class 1 misdemeanors carry potential penalties that can include:

  • Up to six months in jail: A conviction for a Class 1 misdemeanor simple assault can result in a jail sentence of up to six months. The actual length of the jail term will depend on various factors, including the specific circumstances of the case, the defendant's criminal history, and any mitigating or aggravating circumstances.
  • Fines: The court may impose fines as part of the penalty for a simple assault conviction. The maximum fine for a Class 1 misdemeanor in Arizona can be up to $2,500. The exact amount of the fine will be determined by the court based on the circumstances and any applicable statutory guidelines.

It's important to remember that these penalties are not fixed and can be influenced by various factors unique to each case. Aggravating factors such as prior criminal convictions, the use of a weapon, or the assault against a protected individual can lead to enhanced penalties.

Additional Consequences: In addition to the legal penalties, a conviction for simple assault can have various other consequences. These can include:

  • Criminal record: A simple assault conviction will result in a criminal record, which can have long-term implications for employment prospects, housing applications, and other areas of life.
  • Restraining orders: The court may issue restraining orders or protective orders against the defendant, which can restrict contact with the victim.
  • Probation: Instead of or in addition to jail time, the court may impose probation. During the probation period, the defendant will be required to adhere to certain conditions, such as attending counseling or staying away from the victim.
  • Loss of certain rights: A conviction for simple assault can result in the loss or restriction of certain rights, such as the right to possess firearms.

It's crucial to consult with an experienced criminal defense attorney if you are facing simple assault charges in Scottsdale. They can assess the specific circumstances of your case, explain the potential penalties and consequences you may face, and work to build a strong defense strategy tailored to your situation.

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Contact An Experienced Criminal Defense Attorney

At the Nava Law Firm, our team is dedicated to helping and representing you. You will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved.

‍Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Tempe and other areas around Arizona. If you are in need of an experienced Criminal Defense attorney in Maricopa County, please contact us today to schedule your free case evaluation.

Our Case Results

Second Time DUI

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time. Result: Charge Reduced w/ No Jail.

Drug DUI

A man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge. Result: Case Dismissed.

Aggravated Assault

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time. Result: Charge Reduced to a Misdemeanor.

Theft

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. Result: Not Guilty After Jury Trial

Resisting Arrest

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters. Result: Case Dismissed.

Domestic Violence

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal. Result: Case Dismissed After Diversion.

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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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