Different Ways You Can Be Charged With Assault
July 26, 2024
Did you know that you could be charged with assault without ever touching someone? When people hear the term “assault,” they often think of a physical altercation—a punch thrown or a shove in anger. However, the reality is that assault can take many forms, and in some cases, you do not even have to lay a finger on someone to be charged. In Arizona, for example, assault is more complex than most people realize, with varying degrees that can escalate from misdemeanors to felonies. Today, I want to break down the different ways you can be charged with assault, how these charges can escalate into felonies, and what everything means in practical terms.
Key Points:
- Understanding the Misdemeanor Assault
- When Assault Becomes a Felony
- The Importance of Legal Representation
- Protect Yourself and Know the Law
Understanding the Misdemeanor Assault
“You could be guilty of an assault without even touching anyone.”
There are three varieties of assault in Arizona, all of which fall under the category of misdemeanors. Let us explore each one to understand how you might unintentionally find yourself facing charges.
1. Causing Physical Injury: This is what most people typically imagine when they think of assault. It involves intentionally, knowingly, or recklessly causing physical injury to another person. You might intend to hurt someone, or perhaps you do something knowing it is likely to cause harm. Even being reckless—consciously ignoring a substantial risk that someone could get hurt—counts. If any of these describe your actions, you have committed misdemeanor assault.
2. Creating Fear of Imminent Injury: This one catches many people off guard. You can be charged with assault simply by intending to put someone in immediate fear of being injured. Remember that childhood game where you pretend to throw a rock or a snowball at someone, and they flinch in fear? Well, that’s technically assault. You do not have to make physical contact; just causing someone to fear an imminent physical injury is enough.
3. Touching With Intent: The third form involves touching another person with the intention of injuring, insulting, or provoking them. This does not even require causing physical harm. For example, if you touch someone’s hat or even their car windshield while they are inside the vehicle, that could be considered an assault if it were done with the intent to provoke.
“Even if you touch, say, the windshield of their car, and they are in the car, which could be considered touching a person as well.”
For these misdemeanor assaults, the worst-case scenario is typically six months in jail. However, the situation can escalate quickly, leading to felony charges.
When Assault Becomes a Felony
In Arizona, aggravated assault is a more serious charge that elevates the offense to a felony. This usually happens when one of the misdemeanor assaults is committed alongside some aggravating factor. Here are a few ways this can happen:
“If the injury you cause to the other person is considered a serious physical injury, it is an automatic ticket to the felony world.”
1. Serious Physical Injury: If the injury you cause is considered serious, like a broken bone or something requiring hospital care, you are looking at an automatic felony charge. It does not have to be life-threatening, but if it significantly interrupts someone’s life, it is serious enough.
2. Using a Deadly Weapon or Dangerous Instrument: Pulling out a firearm or another deadly weapon to threaten someone, even if you do not intend to use it, can lead to an aggravated assault charge. This is especially relevant for gun owners who might think brandishing a weapon as a scary tactic is harmless—it is not, and it will be taken very seriously.
3. Temporary but Substantial Injuries: Even if the injury is temporary but significant, it can elevate the assault to a felony. For example, causing substantial pain or injury that takes a while to recover from falls into this category.
4. Victim Unable to Resist: If you assault someone unable to defend themselves, say they are restrained or unconscious, you have committed a felony. An example would be kicking someone who is already on the ground and unable to fight back.
5. Assault in Someone’s Home: Entering someone’s home with the intent to commit an assault gives you an express ticket to the felony world. The law sees this as particularly egregious because it is an invasion of someone’s personal space.
6. Assaulting a Minor: If you are an adult and you commit an assault on someone under 15 years old, it is automatically considered aggravated assault.
7. Violating an Order of Protection: If there is an existing order of protection against you, common in domestic violence cases, and you commit an assault in violation of that order, you are facing a felony charge.
8. Protected Classes of People: Certain individuals, such as police officers, firefighters, teachers, medical professionals, and public defenders, belong to a protected class. Assaulting one of these individuals while they are performing their duties automatically makes it a felony.
“If you pull out your firearm and you point it at another person intending to make them scared, you will very likely be charged with the crime of aggravated assault.”
The Importance of Legal Representation
If you find yourself charged with any form of assault, whether it is a simple misdemeanor or a felony aggravated assault, you need an experienced criminal defense attorney. Navigating assault cases can be complicated, especially when factors like intent, fear, and protected classes come into play. At The Attorneys For Freedom Law Firm, we have decades of experience handling these kinds of cases. We can help you understand the charges, the risks, and the possible defenses.
“If you are charged with an assault, either a simple assault or a felony aggravated assault, you need an experienced criminal defense attorney. That is the experience we have here at the Attorneys for Freedom Law Firm. I have been defending people on these types of cases for almost 30 years now.”
Protect Yourself and Know the Law
Assault is more complex than it might seem at first glance. You do not always have to cause physical harm to be charged; in some instances, even harmless actions can lead to serious legal consequences. This is why it is so important to grasp the details of assault laws, whether you are a gun owner, a parent, or just someone who wants to avoid legal trouble. If you ever face assault charges, seeking legal counsel immediately is crucial. A simple mistake or a moment of recklessness does not have to derail your life, but navigating these situations without proper defense can lead to serious outcomes.
Knowing these laws about assault can help you avoid accidental legal trouble and understand your rights in challenging situations. After a self-defense incident, having a team of expert attorneys just a call away gives you peace of mind, knowing that you will get legal advice from people who are focused on helping you. Attorneys On Retainer keeps everything you tell us private from the moment you contact us. Our program connects you with skilled attorneys who will protect your rights. Call 866-404-5112 today to join AOR and get the protection and peace of mind you need.
