In Arizona, there are two types of assault crimes. A.R.S. 13-1203 occurs when an individual knowingly, intentionally or recklessly causes physical harm to someone else. This includes instances where a person intentionally touches someone or places him or her in fear of being hit. A.R.S. 13-3601 refers to domestic violence assault. It includes the same legal definition above. However, it refers to two people who are either:
- Living together.
- Somehow related to each other.
- Are or were romantically involved.
Assault charges that become convictions are extremely serious. For instance, a domestic violence assault conviction means that you can no longer possess a firearm on or off your job. Are you facing an assault or domestic violence assault charge? Is your loved one? Contact Maasen Law Firm today to schedule your initial consultation.
Possible Punishment for Domestic Violence Conviction
Our lawyers are ready to start working on your case so that the possible penalties listed below may not happen to you. Click here if you’ve been charged or the police are investigating an assault crime and you’re the possible defendant.
The majority of misdemeanor assaults are charged as class one which carries a tougher penalty. However, if a prosecutor can show that you didn’t intentionally assault someone or cause injury it may be reduced to class two or three misdemeanor.
Class One Misdemeanor Conviction
If you’re convicted of a class one misdemeanor, you have probation. The probation can be with or without jail time. If jail time is included you may spend up to six months in jail. Also, you may pay $2,500 fine which includes an 80 percent surcharge.
Class Two Misdemeanor Conviction
This conviction carries up to four months in jail with probation. You may pay a fine of $750 and an 84 percent surcharge.
A domestic violence conviction includes the above penalties. However, there is another punishment besides spending time in jail. The conviction can be used against you in any divorce or child custody hearings.
If there are any other circumstances like driving under the influence or prescription drugsin your assault case, you can face separate charges. If you are facing any assault or sex crime, contact Maasen Law Firm.
Possible Defenses to Domestic Violence Charge
Depending on the facts surrounding your assault or domestic violence assault charge, there are various defenses available to you. For instance, self-defense is a defense. If the alleged victim tried to assault you or injury, you had to protect yourself. Also, we can challenge the other’s person’s intentions and/or behavior. For example: were you in a heated argument when the alleged victim grabbed you. You pulled away and the individual lost his or her balance. The most important aspect of defending either domestic violence assault or assault is eye witness testimony.
With any arrest, there are things that the police are supposed to do. When those things don’t happen, we can challenge them as part of your defense. For instance, if you were tricked into admitting guilty by police officers or your Miranda Rights were violated, we’ll challenge the evidence. The court will throw out any evidence including admissions of guilty that were illegally obtained.
When you are facing an assault or a domestic violence assault charge, you an attorney who will attack the case from all angles. Maasen Law Firm has a reputation of successfully fighting criminal and driving under the influence cases. We understand that this is your life and reputation at stake. Contact us, any time, to schedule an initial free consultation.
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