ARS § 13-1203: Arizona’s Assault Law
How Assault Is Defined in Arizona
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Arizona’s assault law can be found in the Arizona Revised Statutes 13-1203.
The statute reads,
A. A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person. B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
Intentionally, Knowingly, or Recklessly Causing Physical Injury
One of the ways an individual can be arrested for assault in violation of ARS 13-1203 is if there is evidence enough to substantiate that an individual intended on causing physical injury to another, knew what they were doing when they caused physical injury to another, or caused physical injury to another out of reckless actions.
Intentionally Placing Another At Risk of Physical Injury
The second way an individual could be accused of assault is if there is enough evidence to substantial that the individual intentionally placed another person in a situation that would reasonably cause physical injury. ARS 13-1203(2) places the qualifier “imminent” before “physical injury” to describe that physical injury does not necessarily have to occur, just that it likely would have occurred given the situation the alleged victim was placed in.
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Knowingly Touching with Intent to Injure, Insult, or Provoke
The “touching” described here does not require excessive force or violence. Subsection 3 in this statute simply describes a type of touching that attempts to injure the recipient, insult them, or provoke them to anger or further action.
For further clarification, let’s break down some definitions:
- Intentionally: Regarding conduct, “intentionally” refers to an individual’s objective, which in this case would be to cause that result or to engage in that conduct described in the statute.
- Knowingly: Regarding conduct described in a statute, “knowingly” refers to an awareness or belief that such conduct is of that nature or that the circumstance exists. Ignorance is no justification here, as “knowingly” does not require the individual to know the act or omission is unlawful.
- Recklessly: Awareness of an act or omission, yet consciously disregarding the risk that would occur as a result.
- Physical Injury: Any sort of impairment to a person’s physical condition.
For more definitions, visit ARS 13-105. If you or someone you love was arrested on assault charges in Arizona, contact the Phoenix assault attorneys at MayesTelles PLLC today for a free consultation. We are available 24/7.
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Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
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Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
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Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
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Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
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Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
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Domestic Assault & Failure to Appear Charges
Our client, Ms. C., was facing an assault / domestic violence offense (class 1 misdemeanor) and a failure to appear charge (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Phoenix Municipal Court
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