Assault charges in Maricopa County can vary quite a bit, ranging from minor misdemeanors to serious felonies, all depending on your specific circumstances. While simple assault and aggravated assault might seem alike, the legal consequences are actually quite different.
Both types of charges can lead to significant penalties, such as jail time, hefty fines, and a lasting criminal record. That’s why it’s so important to grasp how Arizona law differentiates between the two. If you’re facing either charge in Chandler, Phoenix, or anywhere in Maricopa County, you should consult an experienced local criminal defense attorney as soon as possible.
Today, our Arizona assault lawyers break down the key differences between simple and aggravated assault charges, including what they mean, and what penalties you could face.
Key Differences: Simple vs Aggravated Assault in Maricopa County
When it comes to understanding the differences between simple and aggravated assault in Arizona, it’s important to know that simple assault is classified as a misdemeanor.
This typically involves one person attacking another without using a weapon, and the victim doesn’t end up with any serious injuries.
Several factors can turn a simple assault charge into an aggravated assault, such as:
- Causing serious physical injury
- Using a deadly weapon, like firearms, knives, or blunt objects
- Assaulting someone while committing another felony, such as robbery
- Targeting a vulnerable individual, like a child, an elderly person, or a pregnant woman
- Assaulting protected classes, including police officers, teachers, or healthcare workers
Interestingly, under Arizona law aggravated assault (ARS §13-1204) can be charged even if no one gets hurt. Just having a weapon or threatening serious harm can be enough to warrant these charges.
Penalties for Assault Charges in Maricopa County, AZ
Aggravated assault is a felony and carries serious prison time. Sentencing depends on the class of felony and the defendant’s criminal history. Penalties range from a minimum of 18 months to 7 years, and can increase to 15 years or more for repeat offenders.
Conversely, simple assault is usually a Class 1 misdemeanor punishable by up to 6 months in jail, fines, and probation.
Assault Charges in Maricopa County FAQs
Any object that can cause serious injury qualifies as a weapon in Arizona. This includes handguns, rifles, shotguns, and other firearms. Knives and blunt objects, such as clubs, pipes, and bats can also be considered weapons for aggravated assault charges.
If a victim fails to appear, the judge may declare a mistrial. The court could also issue a warrant or hold them in contempt. However, a case may still proceed if there is sufficient other evidence to proceed.
In Maricopa County, assault charges are typically handled through the Maricopa County Superior Court or the Phoenix Municipal Court, depending on the severity of the offense. Misdemeanors often go through city courts (like Chandler Municipal Court), while felonies are heard at the county level.
Contact a Criminal Lawyer Near Me to Review Assault Charges
Contact Lerner and Rowe today for experienced criminal defense representation in Phoenix, Chandler, and throughout Maricopa County. We offer free consultations, during which we will review your charges, explain your legal options, and help you take your next steps with confidence.
Call (602) 667-7777, use LiveChat, or use a secure online form to schedule your free, no-obligation consultation.