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assault and battery

What Is the Difference Between Assault and Battery?

assault and battery

It is often incorrectly assumed that assault and battery are the same charge. In fact, assault is defined as an act that threatens harm along with the ability to carry out the threat. You don’t have to cause physical harm to the victim in order to be charged with assault. Battery is the actual striking or touching of another individual with the intention of committing harm.

Assault is a crime that can be carried out in the heat of the moment when emotions are running high. As there is not always physical injury involved in an assault, it can often be difficult to prove. Therefore, if you are charged with assault in Arizona, get in touch with The Law Offices of Gonzales & Poirier, and we will fight your case aggressively and effectively.

assault penalties

What Are the Possible Penalties for Assault?

assault penalties

There is a class 1, class 2, and class 3 misdemeanor assault charge with punishments ranging from one to six months in prison and fines ranging from $500 to $2,500. Typically, aggravated assault results in a class 3 felony charge and could lead to a minimum prison sentence of five years, though this could rise to 15 years depending on the circumstances. This is for your first conviction; subsequent convictions for aggravated assault could lead to an increased sentence, up to 25 years if it’s your third offense.

assault definition

What Are the Definitions of Assault?

assault definition

Assault in Arizona is divided into two categories:

  • Misdemeanor assault: Also known as simple assault, this charge requires you to cause physical injury to another individual “recklessly, knowingly, or intentionally;” deliberately place another person in fear or apprehension of physical injury; or deliberately or knowingly touch another individual with the goal of provoking, injuring, or insulting that person.
  • Aggravated assault: This is a more serious charge and involves a combination of misdemeanor assault and an additional factor, such as using a dangerous or deadly weapon, if the victim is a minor, if the victim is restrained, if you cause serious injury, or other factors.
Man Charged with Aggravated Assault

Arizona Aggravated Assault Charge Penalties

Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

Man Charged with Aggravated Assault

Aggravated assault can also be known as battery in some states and it is a serious offense that is classified as a Class 3 or Class 4 felony.

In Arizona, What Causes an Elevated Aggravated Assault Charge?

There are many circumstances that can cause a regular assault charge to be elevated to aggravated assault including the use of a dangerous instrument or deadly weapon to place someone in fear or injury, causing serious physical injury and disfigurement, or a misdemeanor assault on a civil servant.

An aggravated assault charge can result in a five- to 10-year prison sentence even on one’s first offense. The sentence can be as much as 25 years in prison for a third offense.

How is Aggravated Assault Classified?

There are many conditions that can allow for Arizona law enforcement to charge an individual with aggravated assault. The main infractions that can lead to this type of assault charge are detailed below.

  • Serious physical injury takes place.
  • Use of a deadly weapon or instrument.
  • Causing temporary or long-term disfigurement.
  • The assault occurs while the victim is bound or physically retained.
  • Assault is committed after entering a private home of another.
  • An adult committing assault on a minor.
  • The accused assaults an individual in violation of an order of protection.
  • Attempting to take a peace officer’s firearm or weapon being used by the officer.
Man Facing Domestic Violence Assault Charge

Arizona Misdemeanor Assault Charges & Penalties

Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

Man Facing Domestic Violence Assault Charge

A regular assault in Arizona involves knowingly and recklessly causing physical harm to another person or touching another individual with the intent to injure, provoke, or insult. If the assault happens between two people who live together, it is known as domestic violence and the guilty party (parties) will be charged accordingly.

What are the Classifications of Assault in Arizona?

There are three misdemeanor classes for regular assault:

  1. Class 1: The most serious charge where physical injury is caused. This can lead to six months in prison along with a 3 year probation period.
  2. Class 2: This includes the threat of injury and if convicted, you could spend up to four months in prison along with a 2 year probation period.
  3. Class 3: This includes touching with the intent to injure or provoke and could lead to a 30-day spell in prison along with 12 months probation.

Why Did I Get Charged with Assault?

If you conduct one or more of the following forms of assault, you can face the maximum sentence allotted by Arizona law. This is why it is imperative that you speak with an experienced trial attorney prior to fighting the charges on your own.

  • Causing physical injury to someone else – whether recklessly, intentionally, or knowing it some form or fashion that injury would result from a specific action.
  • Putting someone else in imminent danger with reasonable apprehension.
  • Injuring, insulting, or provoking someone else by knowingly touching him or her.


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