Simple vs. Aggravated
Being charged with assault in Arizona is serious. A conviction can lead to jail or prison time, heavy fines, probation, and a permanent criminal record. It can affect your job, housing, and reputation.
Because of this, you must understand the difference between simple assault and aggravated assault under Arizona law.
At Rideout Law Group, we defend clients in Scottsdale, Lake Havasu City, Phoenix, and throughout Maricopa and Mohave Counties. Below, we explain how Arizona law defines these charges and what they mean for you.
What Is Simple Assault in Arizona?
Under ARS §13-1203, a person commits simple assault if they:
- Cause physical injury to another person
- Place someone in reasonable fear of immediate injury
- Touch another person with intent to injure, insult, or provoke
Importantly, the alleged victim does not need to suffer an injury. Even threatening behavior can result in charges if someone claims they feared harm.
In many cases, simple assault arises from arguments, bar fights, domestic disputes, or heated confrontations.
Penalties for Simple Assault
Most simple assault charges are misdemeanors.
Depending on the circumstances, the charge may be:
- Class 1 Misdemeanor – Up to 6 months in jail and fines up to $2,500
- Class 2 Misdemeanor – Up to 4 months in jail
- Class 3 Misdemeanor – Up to 30 days in jail
However, penalties can increase. Prior convictions, domestic violence allegations, or visible injuries may lead to harsher consequences.
If you face charges in Scottsdale City Court or Lake Havasu City Municipal Court, speak with an Arizona criminal defense attorney immediately.
What Is Aggravated Assault in Arizona?
Aggravated assault is much more serious. It is charged under ARS §13-1204.
This offense applies when certain aggravating factors are present.
For example:
- The alleged victim suffers serious physical injury
- A deadly weapon or dangerous instrument is used
- The alleged victim is a police officer, firefighter, or teacher
- The victim is restrained
- The assault occurs inside a private residence
Unlike simple assault, aggravated assault is always a felony.
Felony Levels and Consequences
Aggravated assault charges range from a Class 6 felony to a Class 2 felony.
The level depends on:
- The severity of the injuries
- Whether a weapon was involved
- The identity of the alleged victim
- Your prior criminal history
Penalties may include:
- Mandatory prison time
- Lengthy probation
- High fines
- Loss of firearm rights
- A permanent felony record
A felony conviction can impact your life for years. Therefore, early legal action is critical.
Common Defenses to Assault Charges
Every case is different. However, strong defenses often include:
- Self-defense
- Defense of others
- Lack of intent
- False accusations
- Insufficient evidence
- Police misconduct or constitutional violations
In many cases, witness credibility becomes the key issue. Conflicting statements often appear in police reports. An experienced defense attorney will carefully review every detail.
At Rideout Law Group, our attorneys include former prosecutors. We understand how the state builds assault cases. More importantly, we know how to challenge them.
Assault Charges in Scottsdale and Lake Havasu
If you were arrested in:
- Scottsdale City Court
- Maricopa County Superior Court
- Lake Havasu City Municipal Court
- Mohave County Superior Court
You need a lawyer who understands the local court system.
Rideout Law Group represents clients from our:
Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
Lake Havasu City Office
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
We serve clients throughout the Phoenix metro area and northwest Arizona.
Why Acting Quickly Matters
After an arrest, everything you say can affect your case.
Police reports are written fast. Statements are often misunderstood. Prosecutors move quickly once charges are filed.
An experienced Arizona assault defense attorney can:
- Investigate the facts
- Protect you from self-incrimination
- Negotiate reduced charges
- Seek dismissal when evidence is weak
- Prepare for trial when necessary
The sooner you hire counsel, the more options you may have.
Speak With an Arizona Assault Defense Attorney Today
Whether you face a misdemeanor or felony assault charge, your future is at stake.
Do not wait.
If you were charged in Scottsdale, Phoenix, Lake Havasu City, or anywhere in Arizona, contact Rideout Law Group today for a confidential consultation.
Scottsdale: (480) 584-3328
Lake Havasu: (928) 854-8181
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.