Assault and Battery Penalties in Mesa, Arizona
In Arizona, assault and battery are considered separate offenses, with each carrying its own set of penalties. In this blog post, we will discuss the penalties associated with assault and battery charges in Mesa, Arizona.
Misdemeanor Assault
In Arizona, assault is categorized into three classes, with varying levels of severity:
Class 1 Misdemeanor Assault:
This occurs when a person intentionally, knowingly, or recklessly causes physical injury to another person, or knowingly touches another person with the intent to injure, insult, or provoke them. Penalties for a Class 1 misdemeanor assault may include:
- Up to 6 months in jail
- A maximum fine of $2,500
- Probation
- Community service
Class 2 Misdemeanor Assault:
This occurs when a person intentionally places another person in reasonable apprehension of imminent physical injury. Penalties for a Class 2 misdemeanor assault may include:
- Up to 4 months in jail
- A maximum fine of $750
- Probation
- Community service
Class 3 Misdemeanor Assault:
This occurs when a person recklessly causes physical injury to another person or intentionally causes another person to fear physical injury. Penalties for a Class 3 misdemeanor assault may include:
- Up to 30 days in jail
- A maximum fine of $500
- Probation
- Community service
Misdemeanor Assault vs Felony Aggravated Assault in Arizona
In Arizona, the difference between felony aggravated and misdemeanor assault lies in the severity of the offense. Misdemeanor assault is generally charged when an individual intentionally, knowingly or recklessly causes any physical injury to another person that is not defined as serious physical injury. On the other hand, felony assault is charged when an individual intentionally, knowingly or recklessly causes a serious physical injury to another person or commits an assault while using a deadly weapon.
Under Arizona law, serious physical injury is defined as any injury that causes permanent disfigurement, creates a substantial risk of death, or causes serious and permanent impairment of any physical organ or function. A deadly weapon is defined as anything designed for lethal use, including firearms, knives, or even a car.
Felony Aggravated Assault
Aggravated assault is a more severe form of assault that involves the use of a deadly weapon, serious physical injury, or other aggravating factors. Aggravated assault is generally charged as a felony, with penalties ranging from a Class 5 to Class 2 felony, depending on the specific circumstances. Penalties for aggravated assault may include:
- Mandatory Prison time up to a 15 year sentence
- A maximum fine of $150,000
- Probation
- Community service
Battery
In Arizona, battery is not a separate offense but is typically prosecuted under assault statutes. However, when referring to battery, it is generally understood as the unlawful use of physical force against another person, resulting in bodily harm or offensive contact.
The penalties for battery are generally the same as those for assault, as the charges are based on the same statutes. Depending on the severity and circumstances, battery can be charged as a misdemeanor or felony, with the corresponding penalties detailed above.
Assault and battery penalties in Mesa, Arizona, can range from relatively minor consequences, such as fines and probation, to more severe penalties, including imprisonment and a permanent criminal record. If you have been charged with assault or battery, it is crucial to consult with an experienced criminal defense attorney, such as The Harding Firm, to discuss your case and explore potential defenses.
