Tucson Assault Defense Lawyer

Many people think that getting into a shoving match, fist fight, or pushing someone is no big deal. In Arizona, assault can be either a simple misdemeanor assault or an aggravated felony assault. The penalties and repercussions can be severe, and regardless of whether it is a misdemeanor or felony, they both result in a permanent criminal record.

Criminal Defense Attorney Defending Against Assault Charges in Tucson Arizona

If you or a loved one has been charged with assault in Tucson, Arizona, you need the aggressive team of attorneys at Rosenstein Law Group to defend your position so that you can be heard by prosecutors, judges, and jurors. We are ready to serve you and start working on your case immediately, the types of assault cases we can assist with in Tucson are:

  • Misdemeanor Simple Assault
  • Aggravated Assault

There are two sides to every story, and unfortunately, if you are the defendant in an assault case, in many instances the prosecutor or judge will not be interested in what you have to say. The city or county prosecutors and the court usually take their lead from the police that were present on scene—and the police decided to arrest YOU.

Get Help with Your Tucson Assault Charges

There are many reasons why you may have been the chosen one to be arrested following an altercation—and none of which mean you are guilty. It may just be that the other party had a greater opportunity to articulate their side of the story to police. Other factors could be who called the police, biased witnesses, witnesses no longer on scene when police arrived, emotional displays, obviousness, or severity of injures or, merely gender. It is incumbent on you to find an attorney that can get the prosecutor to listen to your side. At Rosenstein Law Group, our attorneys are skilled and experienced at listening to you and following through with evidence that could mitigate your actions or even turn you into the victim.

Simple Misdemeanor Assault Defense Attorney in Tucson, Arizona

Charges for misdemeanor assault are generally filed at the Tucson City Court which is at 103 E. Alameda Street in Tucson, AZ. The court is open Monday through Friday from 8:00 a.m. to 5:00 p.m.  Their phone number is (520) 791-4216.

A person commits simple assault by (A.R.S. §13-1203):

  • Intentionally, Knowingly, Recklessly, causing any physical injury to a person;
  • Intentionally placing someone in reasonable apprehension of imminent physical injury; and
  • Knowingly touching another person with the intent to insult or provoke

Simple assaults are some of the most common charges filed in Tucson. In situations between people that have a prior relationship, related by blood, or roommates, additional charges of Domestic Violence can be added to the assault and are therefore subject to greater penalties and further collateral repercussions (A.R.S. § 13-3601).

Consequences of Tucson Misdemeanor Assault Charges

Intentionally or Knowingly causing any injury is a class 1 misdemeanor subject to 6 months in jail, fines up to $2,500 plus an 83% surcharge, and up to 3 years-probation.  Recklessly causing any injury or placing someone in reasonable apprehension of imminent injury is a class 2 misdemeanor subject to 4 months in jail, a fine of $750 plus surcharge and up to 2 years of probation. Knowingly touching someone with the intent to insult or provoke someone, but do not cause an injury, is a class 3 misdemeanor and the penalties for that are 1 month in jail, a $500 fine, and a year on probation.

Aggravated Felony Assault Criminal Defense Attorney in Tucson Arizona

When aggravated assault charges are filed in Tucson the case will be pending in the Arizona Superior Court in Pima County which is at 110 West Congress Street, Tucson, AZ 85701. The court can be reached at (520) 724-4200 and is open weekdays from 8:00 a.m. to 5:00 p.m.

An aggravated assault conviction will lead to confinement, unlike misdemeanor charges where sentencing may include jail, felony assault with confinement will generally be a prison sentence. Schedule your free consultation with one of the highly rated and experienced aggravated assault defense lawyers at Rosenstein Law Group today. We will review your case and explore the best course of action specifically for you and your case. We can be reached 24 hours a day, 7 days a week by filling out a contact form online here or by calling 480-248-7666.

Tucson Arizona Aggravated Assault Charges

Aggravated assault is simple assault PLUS additional factors. For instance, the use of a deadly weapon (gun, knife, brass knuckles) or deadly instrument (car, baseball bat, broken beer bottle) while intentionally, knowingly, or recklessly causing any physical injury. As you can see, the damage done is not what drives this specific charge of felony assault—it is merely the risk of a greater injury due to the use of a deadly weapon. Other aggravated assault charges are filed because of the extent of the injury suffered.

Under Arizona law at A.R.S. § 13-1204, a person commits aggravated assault by committing an assault on another with any of the following additional factors:

  • causing a serious physical injury (reasonable risk of death, or causes a permanent and serious disfigurement, or serious health impairment)
  • use of a deadly weapon or instrument
  • causes temporary but substantial disfigurement or fracture
  • victim is attacked while restrained
  • entering someone’s home with intent to commit assault
  • an adult defendant and victim under 15 years of age
  • knowing or having reason to know that the victim is a police officer, fire department personnel, teacher, park ranger, prosecutor, judge or public defender
  • impede the breathing or blood flow of a relative, partner, roommate

All the above are felony charges.

Consequences of Aggravated Assault Charges in Tucson Arizona

Depending on the circumstances, the felony may be a class 2, 3, 4, 5, or 6 felony. For example, committing assault on a police officer that causes a serious or physical injury or using a deadly weapon or instrument is a class 2 felony. However, committing a simple assault with reason to know the victim is a police officer is a class 6 felony.

Possible prison sentence for a felony conviction:

  • Felony 2 presumed term is 10.5 yrs. Range is a min. 7 yrs. to a max. of 21 yrs.
  • Felony 3 presumed term is 7.5 yrs. Range is a min. 5 yrs. to a max. of 15 yrs.
  • Felony 4 presumed term is 6 yrs. Range is a min. 4 yrs. to a max. of 8 yrs.
  • Felony 5 presumed term is 3 yrs. Range is a min. 2 yrs. to a max. of 4 yrs.
  • Felony 6 presumed term is 2.25 yrs. Range is a min. of 18 months. to a max. of 3 yrs.

In addition, at sentencing the monetary fine can be $150,000.00. A felony conviction results in the loss of certain civil rights to vote or own a firearm.

Contact a Tucson Assault Attorney if You are Facing Charges

With the wide range of possible conduct and penalties covered by the assault laws in Arizona, it is best to contact an experienced Tucson assault defense lawyer that can advise you based on the specifics of your case. When your freedom is at stake, you need an attorney that will fight to protect your rights. Contact the Rosenstein Law Group at (480) 248-7666 or online to schedule a free initial consultation for your Assault case and case evaluation.


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