Have you been arrested for assault in Tucson, Arizona? If you are convicted, you could face serious consequences that impact your life forever. However, you still have time to fight back with help from an experienced Tucson assault defense lawyer at Katsarelis Law Criminal Defense Attorneys. Call us at (520) 510-0439 for a free consultation.
We are a top-rated criminal defense law firm in Arizona that will make your case a top priority. Our lawyers have 45 years of combined experience, and we’ve helped clients successfully respond to all types of charges. We’re confident that we can help you achieve a favorable outcome, too.
Contact our law offices for more information. We offer a free initial consultation to review your charges and provide initial legal advice.
How Katsarelis Law Criminal Defense Attorneys Can Help if You Were Arrested for Assault in Tucson, Arizona
Law enforcement and the prosecution already believe you’re guilty, regardless of the facts of your case. Fortunately, the law requires them to prove your charges “beyond a reasonable doubt.” That leaves a qualified attorney with a lot of room to work with.
Our Tucson criminal defense lawyers at Katsarelis Law Criminal Defense Attorneys are some of the most experienced and respected in the region. We understand local courts, laws, and procedures, and will use our knowledge to your benefit throughout the process.
Some of the ways we’ll be able to help include:
- Thoroughly investigating your charges and the evidence against you
- Filing motions as appropriate to strengthen your case
- Gathering any available exculpatory evidence
- Working to have your assault charges reduced or dismissed
- Ensuring you understand your legal rights and options at every stage
- Representing you at all court hearings and at trial, if necessary
The state takes notice when our Tucson criminal defense attorneys represent a defendant accused of committing a crime. We’ll do everything in our power to help you create the strongest possible defense.
Call our law offices in Tucson, AZ, today to get started with a free case review.
A Brief Overview of Assault Law in Arizona
Arizona Revised Statutes (ARS) 13-1203 describes the crime of assault.
Under state law, a person commits assault when they:
- Intentionally, recklessly, or knowingly cause physical injury to someone else; or
- Intentionally place someone in reasonable apprehension of imminent physical injury; or
- Knowingly touch someone with the intent to injure, provoke, or insult.
Per this definition, you can be convicted of assault even if you do not actually injure the alleged victim. However, you must also possess the required state of mind, meaning your actions must be done intentionally, knowingly, or recklessly (depending on the exact charges).
Assault is either a Class 1, 2, or 3 misdemeanor offense, based on which version of assault listed above applies to the case. Note that while many states consider the crimes of “assault” and “battery” as distinct, they are both included within the same offense in Arizona.
Aggravated Assault
ARS 13-1204 discusses the offense of aggravated assault. This statute covers a wide range of scenarios where an assault carries harsher penalties.
A few examples include:
- If the assault results in serious injury
- If the assault was committed with a deadly weapon or dangerous instrument
- If the alleged victim was a peace officer
In Arizona, aggravated assault is charged as a felony – the specific class is based on the facts and circumstances of the case.
Assault can also constitute domestic violence in Arizona if the alleged victim is, for example, a spouse, ex-spouse, romantic partner, or co-parent. Domestic violence charges can lead to additional and potentially more serious penalties.
What Are the Potential Penalties for an Assault Conviction in Tucson, AZ?
The penalties for assault in Arizona will depend on many factors, such as the nature of your charges, whether you have a prior criminal history, and more.
Unless an aggravating circumstance is present, assault is generally a misdemeanor charge.
A Class 1 misdemeanor conviction, which is the most serious version, can lead to the following penalties:
- Up to 6 months in jail
- A fine of up to $2,500
Meanwhile, a Class 3 misdemeanor conviction can result in:
- Up to 30 days in jail
- A fine of up to $500
Felony convictions can result in much more severe sentences and fines. For example, a Class 2 felony can lead to:
- 3 to 12.5 years in prison (or up to 35 years for repeat offenders)
- Up to $150,000 in fines
A Class 5 felony conviction may result in:
- Between 6 months and 2.5 years in prison
- Up to $150,000 in fines
Probation may be available for certain misdemeanor and felony offenses. However, if the crime is considered “dangerous” under the law, as it may if the alleged assault involves a weapon, Arizona imposes minimum sentencing guidelines that are more strict. This remains true even for a first-time offender.
Collateral Consequences
The consequences you face if convicted of assault can extend beyond what the court imposes.
Especially for felony convictions, the following “collateral consequences” may apply:
- Difficulty obtaining housing or employment
- Loss of professional licenses
- Immigration issues (if applicable)
- Damage to personal and professional reputations
Some of these consequences can stay with you indefinitely. Having a qualified assault defense lawyer in Tucson on your side can make all the difference in the outcome of your case. Contact our attorneys today for a free consultation to learn about your best course of action.
What Defenses Can I Raise in Response to Assault Charges?
“Beyond a reasonable doubt” is the most strict burden of proof standard in the law. To convict you, the prosecution must provide strong evidence supporting every element of your charges. There are many defenses available to assault charges as a result.
At the beginning of your case, your attorney will research and investigate to determine the best defense(s) suitable for the situation.
Possible defenses to assault charges in Tucson include:
- You did not have the required state of mind when the alleged assault occurred.
- You were acting in self-defense or in defense of someone else.
- Your constitutional rights were violated. For instance, evidence against you might have been seized illegally.
- There remains reasonable doubt as to whether you committed assault due to a weakness in the prosecution’s case, such as a lack of evidence.
- You have an alibi for the incident and/or it was a case of mistaken identity.
Other defenses may be raised as well, depending on the unique facts of your case. Many defenses also mandate that you bring evidence to support them, such as self-defense. These are known as “affirmative defenses,” and they can take more resources to present effectively.
Schedule a Free Case Evaluation With Our Experienced Tucson Assault Defense Attorneys
Assault charges in Tucson must be taken seriously, but it’s critical to remember that you’re innocent until proven guilty. You likely still have time to fight back with legal help.
While you are well within your rights to have a public defender represent you, it may be in your best interest to hire a private criminal defense attorney. Public defenders often must take on large caseloads and may not be able to provide your case with as much dedicated attention.
At Katsarelis Law Criminal Defense Attorneys, our Tucson assault defense lawyers have 45 years of combined experience. We know Arizona law and will work hard to have your charges dismissed altogether or reduced if at all possible. Contact our offices today to schedule your free consultation.