Assault & Aggravated Assault Defense
Being accused of assault is frightening, and the waiting is the worst part of it. It took one moment: a fight outside a bar, an argument at home, a confrontation that turned physical. Now there is a police report with your name on it, and you don’t yet know what it is going to cost you.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
Charged with assault in Maricopa County?
Many assault cases do not start out the way the police report describes them. A fight in a parking lot becomes “the defendant attacked the victim.” A shove during an argument becomes a criminal charge that can follow you onto background checks for years. A domestic argument where nobody called the police for hours can become a felony because of one sentence in a statement someone gave while they were still angry.
Arizona treats assault seriously, and the gap between the least serious version of this charge and the most serious version is enormous. The same underlying incident can be a class 3 misdemeanor carrying a maximum of thirty days, or a class 2 dangerous felony where prison is mandatory and probation is not legally available. What decides which one you face is often a handful of facts that a defense attorney can challenge, how the injury is characterized, whether an object counts as a dangerous instrument, who the alleged victim was, and whether you were defending yourself.
We take assault cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor.
Before your first court date
Not every case starts with an arrest. If no one is booked, law enforcement can submit the report and the prosecutor files a complaint later, listing the charges and a first court date. Either way, arrested or summoned, you should expect a court date.
Unless you have retained a lawyer before your first date, you may end up dealing with the prosecutor on your own. The prosecutor is not your lawyer and is not there to explain the weaknesses in their own case, tell you which count might not survive a motion, or advise you on how a plea could follow you afterward. What you say can affect whether you get a favorable resolution or a dismissal, and it can be used against you.
Which court you are in decides whether a lawyer comes with the case. On a felony the right to counsel attaches, so if you have not hired one by your first court date the court will appoint a lawyer for anyone who cannot afford one. Misdemeanor court is where that assumption breaks down. Arizona Rule of Criminal Procedure 6.1(b) entitles an indigent defendant to appointed counsel in a proceeding that may result in punishment by loss of liberty. In misdemeanor court, the prosecutor can avow that no jail will be requested and the judge can rule that no jail will be imposed, and once that happens, there is no right to appointed counsel at all. Arizona’s Court of Appeals upheld exactly that in Campa v. Fleming, 134 Ariz. 330 (App. 1982), on a class 1 misdemeanor carrying up to six months in jail, for a defendant who was on probation and facing immigration consequences.
Avoiding jail is not the same as avoiding a conviction. Depending on the charge and your circumstances, a misdemeanor assault conviction can surface in background checks, professional licensing, firearm questions and immigration review. Consequences like those are treated as collateral: in Campa the defendant’s probation status and deportation exposure did not entitle him to appointed counsel. Getting your own counsel in early is what creates room to work, and in some cases early involvement is what keeps a misdemeanor from being refiled as a felony once the County Attorney reviews the report.
What assault means under Arizona law
Misdemeanor assault: A.R.S. § 13-1203
Arizona’s basic assault statute covers three distinct kinds of conduct, and you do not need to have hurt anyone badly, or at all, to be charged.
| Conduct | Classification |
|---|---|
| Intentionally or knowingly causing any physical injury | Class 1 misdemeanor |
| Recklessly causing any physical injury | Class 2 or 3 misdemeanor, depending on the form charged |
| Intentionally placing another person in reasonable apprehension of imminent physical injury | Class 2 or 3 misdemeanor, depending on the form charged |
| Knowingly touching another person with intent to injure, insult, or provoke | Class 2 or 3 misdemeanor, depending on the form charged |
Intentionally or knowingly causing physical injury is the class 1 form. For the other forms, the class depends on the mental state alleged and which form of the statute is charged, and published versions of the 2024 amendment to § 13-1203(B) do not agree with each other, so we confirm the class against your charging document rather than a chart.
Read that third row again. Arizona does not require contact. Raising a fist, or moving toward someone in a way that makes them afraid they are about to be hit, is chargeable as assault. And the fourth row does not require injury at all, an offensive touch is enough if the State can prove the intent behind it.
Aggravated assault: A.R.S. § 13-1204
Aggravated assault is a felony because the State has alleged one of the circumstances listed in A.R.S. § 13-1204. Some of those turn on the outcome, some on the victim, some on the manner of the assault, and some on the surrounding circumstances. Every version of it is a felony.
| Circumstance | Classification |
|---|---|
| Causing serious physical injury | Class 3 felony (class 2 if the victim is under 15) |
| Using a deadly weapon or dangerous instrument | Class 3 felony (class 2 if the victim is under 15) |
| Causing temporary but substantial disfigurement, impairment of an organ or body part, or a fracture | Class 4 felony |
| Assault committed while the victim is bound or physically restrained | Class 6 felony |
| Entering a private home with the intent to commit the assault | Class 6 felony |
| Defendant is 18 or older and the victim is under 15 | Class 6 felony |
| Assault committed in violation of an order of protection | Class 6 felony |
| Victim is a peace officer, first responder, teacher, healthcare worker, prosecutor, or other protected occupation | Class 6 felony base, elevated for first responders |
| Taking or attempting to take an officer’s firearm or other weapon | Class 5 to class 3, depending on the weapon |
| Prisoner assaults an employee acting in an official capacity | Class 5 felony |
| Using a simulated deadly weapon | Class 3 felony |
| Aided by two or more accomplices, causing physical injury | Class 4 felony |
| Strangulation: intentionally or knowingly impeding normal breathing or blood circulation, where the victim and defendant share one of the domestic-violence relationships listed in A.R.S. § 13-3601(A)(1) through (6) | Class 4 felony |
| Aggravated assault on a peace officer engaged in official duties, where the assault causes serious physical injury or involves a deadly weapon or dangerous instrument: A.R.S. § 13-1204(A)(1) or (A)(2), classified under subsection (G) | Class 2 felony |
| Aggravated assault on a first responder, teacher, health care worker, prosecutor, or another protected person listed in A.R.S. § 13-1204(A)(8) | Varies by category. On a first responder it is a class 4 felony, or a class 3 felony if the assault causes any physical injury |
| Assault committed with a simulated deadly weapon: A.R.S. § 13-1204(A)(11) | Class 3 felony |
| Assault aided by two or more accomplices, directed at a single person, resulting in physical injury: A.R.S. § 13-1204(A)(12) | Class 4 felony |
Two things that quietly make an assault case much worse
The “dangerous offense” designation. If the State alleges that an aggravated assault involved the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury, the case is sentenced under A.R.S. § 13-704 instead of the ordinary felony statute. Under § 13-704, probation is not available. A first class 3 dangerous offense carries 5 years minimum, 7.5 presumptive, and 15 maximum. That allegation is worth fighting from day one, not at sentencing, and it can be attached to cases where the “dangerous instrument” was an everyday object.
The domestic violence designation. Assault is one of the offenses that can carry a domestic violence tag under A.R.S. § 13-3601 when the alleged victim is a spouse, former spouse, someone you live with or used to live with, a co-parent, a romantic partner, or certain relatives. The tag does not change the class of the offense, but it changes almost everything else: mandatory counseling, firearm consequences, and exposure to aggravated domestic violence charges if it happens again.
Officer and first-responder enhancements
Arizona treats assaults on police officers and first responders as a separate tier. Subsections (G) and (H) of § 13-1204 elevate a serious-physical-injury or deadly-weapon aggravated assault against a first responder or law enforcement employee to a class 2 felony, and a fracture-or-disfigurement assault to a class 3 felony. Subsection (D) adds two years to the sentence for an aggravated assault on a peace officer when the trier of fact finds the lying-in-wait or ambush aggravator in § 13-701(D)(17), and that sentence cannot be suspended or commuted until it is served, and subsection (C) requires at least the presumptive term with no probation eligibility for an intentional or knowing aggravated assault on a first responder under subsection (A)(1) or (A)(2), meaning serious physical injury or a deadly weapon.
What you are actually facing
Felony sentencing ranges: A.R.S. § 13-702
These are the ranges for a first felony offense that is not designated dangerous and not repetitive. The presumptive term applies unless the court finds aggravating or mitigating factors under § 13-701.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 yrs | 4 | 5 | 10 | 12.5 |
| Class 3 | 2 yrs | 2.5 | 3.5 | 7 | 8.75 |
| Class 4 | 1 yr | 1.5 | 2.5 | 3 | 3.75 |
| Class 5 | .5 yr | .75 | 1.5 | 2 | 2.5 |
| Class 6 | .33 yr | .5 | 1 | 1.5 | 2 |
Source: A.R.S. § 13-702, confirmed against the Arizona Supreme Court Criminal Code Sentencing Provisions chart effective September 26, 2025. Prior felony convictions move a case to the repetitive-offender ranges under § 13-703, which are substantially higher.
Misdemeanor exposure: A.R.S. §§ 13-707 and 13-802
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
| Class 2 misdemeanor | 4 months | $750 |
| Class 3 misdemeanor | 30 days | $500 |
Fines are not the whole number. Arizona adds a 68% consolidated surcharge under A.R.S. §§ 12-116.01 and 12-116.02, calculated on the base fine after any mitigation, plus separate non-mitigable 10% and 1% surcharges. A $2,500 fine is not a $2,500 bill.
What actually happens next
Here is the sequence, with the deadlines that come from the Arizona Rules of Criminal Procedure rather than from what someone tells you at the jail.
Initial appearance. Under Rule 4.1, if your initial appearance does not happen within 24 hours of arrest, you must be released. At the initial appearance the court reads the charges, addresses counsel, makes a probable cause finding, and sets release conditions. Maricopa County runs a dedicated Initial Appearance Court. If no complaint is filed within 48 hours of the initial appearance, release is required.
Arraignment. Under Rule 14.2, arraignment happens within 10 days of the charging document being filed if you are in custody, and within 30 days if you are not. You enter a plea. If the initial appearance happened in the trial court, the two can be combined.
Preliminary hearing or grand jury. Under Rule 5.1, a preliminary hearing must begin no later than 10 days after your initial appearance if you are in custody, or 20 days if you are not. The clock runs from the initial appearance, not from the arrest. In practice, many Maricopa felony cases go to a grand jury instead: and when an indictment is returned first, the preliminary hearing is vacated.
Pretrial. An initial pretrial conference is generally set within 45 days after arraignment, followed by disclosure, motions, and negotiation. A final trial management conference is held about 7 days before trial.
Trial. Under Rule 8.2, trial must occur within 150 days of arraignment if you are in custody and 180 days if you are released, with longer limits for complex cases. Verdicts must be unanimous.
One practical note about timing that has changed recently: Maricopa County Attorney’s Office policy revised in August 2025 requires every plea offer to carry a specific deadline and creates a presumption that any offer following a rejected or expired offer will be harsher. Waiting is no longer neutral. Getting counsel involved early is worth more than it used to be.
How we defend assault cases
Self-defense and the burden that goes with it. Arizona’s justification statutes are a real defense, not a technicality, and the burden is on the State. Under A.R.S. § 13-205(A), once justification is properly raised, the State must prove beyond a reasonable doubt that you did not act with justification. You do not have to prove you were defending yourself. The State has to disprove it. Arizona’s justification statutes cover self-defense (§ 13-404), the use of deadly physical force (§ 13-405), defense of a third person (§ 13-406), and defense of premises (§ 13-407).
Attacking the “dangerous” allegation. Whether an object is a “dangerous instrument” is fact-specific and depends on how it was actually used in the circumstances, not on what it is. Defeating this allegation can be the difference between a case where probation is on the table and one where it is legally off the table.
Attacking the injury classification. “Serious physical injury,” “temporary but substantial disfigurement,” and ordinary “physical injury” are three different legal standards with three different consequences. Medical records do not always support the tier the State charged. This is where an early, aggressive review of the actual records: not the police summary of them, changes cases.
Intent. Most of the assault statutes require a specific mental state: intentionally, knowingly, or recklessly. An accidental contact during a chaotic incident is not an assault. Neither is a reflexive movement.
Credibility and the origin of the complaint. Assault allegations often arise from incidents with a history behind them: a custody dispute, a breakup, a business falling-out, a bar incident with a dozen versions. Recorded 911 calls, body camera footage, prior inconsistent statements, and witnesses the police never interviewed can tell a different story than the report.
Identity. In fights involving multiple people, who did what is often genuinely unclear. The State still has to prove it was you, beyond a reasonable doubt.
Constitutional and procedural challenges. Unlawful stops, statements taken without proper warnings, and improper searches all produce evidence that can be suppressed.
Frequently asked questions
Yes. A.R.S. § 13-1203 makes it a misdemeanor to intentionally place another person in reasonable apprehension of imminent physical injury. No contact and no injury are required, only that the other person reasonably feared imminent harm and that you intended that.
No. In Arizona, criminal charges belong to the State, not to the person who called the police. A prosecutor can and often does proceed even when the alleged victim asks them not to, particularly in domestic violence cases. What the alleged victim says can matter a great deal to how the case resolves, but the decision is not theirs.
No. Whether prison is mandatory depends on whether the offense is designated dangerous under A.R.S. § 13-704 and on your prior record. A non-dangerous, non-repetitive aggravated assault can be probation-eligible. A dangerous designation removes probation as an option, which is exactly why that allegation is worth fighting hard and early.
Aggravated assault is a simple assault plus an aggravating circumstance, a serious injury, a weapon, a protected victim, a restrained victim, an order of protection, multiple accomplices, or strangulation in a domestic setting. Assault under § 13-1203 is a misdemeanor. Every form of aggravated assault under § 13-1204 is a felony.
It does not change the class of the offense, but on a misdemeanor conviction it triggers mandatory domestic violence offender treatment under A.R.S. § 13-3601.01, carries firearm consequences, and exposes you to an aggravated domestic violence charge, a class 5 felony with mandatory jail, if there are further qualifying convictions within 84 months.
Yes, and it does not disappear on its own. Arizona does not have general expungement for most offenses. There is a set-aside process under A.R.S. § 13-905 that adds a judicial order to the record showing the conviction was set aside, and separate restoration processes for civil rights and firearm rights. Those are worth pursuing, but they are not the same as the record being erased: which is a strong reason to fight the conviction now rather than plan on cleaning it up later.
Stop talking about the incident. Do not text the alleged victim, do not post about it, and assume every call from jail is recorded, because it is. Write down everything you remember while it is fresh, including the names of anyone who saw it. Preserve photographs of any injuries you have. Then call a lawyer before you give any statement.
It depends on whether the charge is a misdemeanor or a felony, whether a dangerous allegation is attached, and whether the case is headed to trial. Most criminal cases are quoted as a flat fee. We quote it after we understand what the case actually is, so you know the number in advance. The consultation itself is free.
No. A bar or parking-lot fight is often charged as misdemeanor assault and stays in a city or justice court. It becomes aggravated assault when the complaint alleges one of the circumstances in A.R.S. § 13-1204: serious physical injury, a deadly weapon or dangerous instrument, a protected victim, and the rest of the list above.
Not automatically. Arizona treats “dangerous instrument” as fact-specific: what matters is how the object was used and whether it was readily capable of causing death or serious physical injury under the circumstances. That question belongs in the evidence, and it can decide whether a dangerous-offense allegation under A.R.S. § 13-704 survives.
On a felony, yes: the right to counsel attaches, and if nobody has been retained by your first court date the court appoints a lawyer for anyone who cannot afford one. In misdemeanor court, often no. Rule 6.1(b) entitles an indigent defendant to appointed counsel where the case may result in loss of liberty, but there the State can take jail off the table by avowing it will not seek it, and once the judge rules that no jail will be imposed, the right to appointed counsel goes away, even on a class 1 misdemeanor and even where a conviction carries real collateral consequences. Campa v. Fleming, 134 Ariz. 330 (App. 1982).
If someone is in custody, call today: release conditions get set fast and they are harder to change later. If you know video exists, call before it rotates off a private system. In any event, call before your first court appearance and before you talk to police. (480) 405-6767.
Hear What Our Clients Say
From our Google reviews, plus Yelp and Avvo. These are clients’ own words, reproduced from our review profiles.
“These guys are the best attorneys in all of Arizona. It is definitely the most professional group of lawyers… I recommend this firm!”
“Sydney was extremely thorough regarding every single detail of my criminal case… it ultimately resulted in a clear and powerful win for my case.”
“They fought tirelessly for my case and helped me achieve a favorable outcome. Exceptional service and results.”
“The firm provided me with the most professional legal representation possible. Mr. Ryan Tait patiently explained… beyond my expectations.”
“The best law firm that I have ever dealt with. The amount of passion & commitment that they dedicated for my case… truly what separated them from other law firms.”
“Oh my goodness, our lawyer Ryan Tait was amazing. He does what he says he’s going to do. A very patient lawyer… He’s a miracle worker.”
“I was being charged with a few felony counts and facing a few years in prison… I made the best choice of my life calling this law firm.”
“…they reached out to one of their attorneys and confirmed my suspicions; I’ve been worried this whole time about criminal charges, they put my fears to rest. HIGHLY recommend them.”
“Helpful and clear direction in a time of uncertainty. Highly recommended.”
“Ryan Tait was amazing and really helpful. I would recommend him.”
“If you’re looking for a law group that truly cares about you and makes a difficult situation less stressful, these are your people… Alexis was my lawyer, and she was truly heaven-sent.”
“Alexis Brooks was my lawyer… She was extremely professional yet down to earth and always made me feel at ease and confident in my case. I would definitely recommend her for anyone that needs an excellent defense attorney.”
“Spectacular representation! Sydney was very compassionate, diligent and professional. I can’t recommend enough.”
“…Ryan and his team are kind, understanding, and very good listeners. Each member of his team was well educated, knowledgable and very professional.”
“We hired Mr. Tait to handle a legal affair for a member of our family. It was a complex criminal case that required over two years of work! Through the entire effort, Mr. Tait kept us informed…”
“My family hired Ryan Tait to fight for my family member… He went over all the pros and cons. He answered all our questions and calls. He knows what he is doing.”
“Ryan is absolutely awesome and professional. He gave me all detailed advice I needed. He is nice and patient. I definitely recommend Ryan and his law firm!”
“Very good at what they do… they were always on top of everything didn’t really have to do much they took care of everything…”
“These guys are great!! They did a great job on my case, super consistent and helpful. Definitely will recommend them to anyone.”
“Excellent lawyers… and their honesty, and they helped me even though I do not live in Arizona.”
Past results do not guarantee a similar outcome.
Lo que dicen nuestros clientes
De nuestras reseñas en Google, además de Yelp y Avvo. Son las palabras de nuestros clientes, tomadas de nuestros perfiles de reseñas y traducidas del inglés.
“Son los mejores abogados de todo Arizona. Sin duda es el grupo de abogados más profesional… ¡Recomiendo esta firma!”
“Sydney fue sumamente minuciosa con cada detalle de mi caso penal… al final, eso resultó en una victoria clara y contundente para mi caso.”
“Lucharon incansablemente por mi caso y me ayudaron a lograr un resultado favorable. Servicio y resultados excepcionales.”
“La firma me brindó la representación legal más profesional posible. El Sr. Ryan Tait me explicó con paciencia… más allá de mis expectativas.”
“La mejor firma de abogados con la que he tratado. La pasión y el compromiso que dedicaron a mi caso… es lo que realmente los distinguió de otras firmas.”
“¡Dios mío, nuestro abogado Ryan Tait fue increíble! Cumple lo que dice que va a hacer. Un abogado muy paciente… Hace milagros.”
“Me acusaban de varios cargos por delitos graves y me enfrentaba a unos años de prisión… Tomé la mejor decisión de mi vida al llamar a esta firma.”
“…se comunicaron con uno de sus abogados y confirmaron mis sospechas; había estado preocupado todo este tiempo por posibles cargos penales, y calmaron mis temores. Los recomiendo MUCHÍSIMO.”
“Orientación útil y clara en un momento de incertidumbre. Muy recomendables.”
“Ryan Tait fue increíble y de gran ayuda. Lo recomendaría.”
“Si busca un despacho que de verdad se preocupe por usted y haga que una situación difícil sea menos estresante, esta es su gente… Alexis fue mi abogada, y fue una verdadera bendición.”
“Alexis Brooks fue mi abogada… Fue sumamente profesional y a la vez sencilla, y siempre me hizo sentir tranquilo y seguro con mi caso. Sin duda la recomendaría a cualquiera que necesite una excelente abogada defensora.”
“¡Representación espectacular! Sydney fue muy compasiva, diligente y profesional. No puedo recomendarla lo suficiente.”
“…Ryan y su equipo son amables, comprensivos y saben escuchar. Cada miembro de su equipo demostró estar bien preparado, con conocimiento y gran profesionalismo.”
“Contratamos al Sr. Tait para encargarse de un asunto legal de un miembro de nuestra familia. Fue un caso penal complejo que requirió más de dos años de trabajo. Durante todo el proceso, el Sr. Tait nos mantuvo informados…”
“Mi familia contrató a Ryan Tait para luchar por un familiar… Nos explicó todos los pros y los contras. Respondió todas nuestras preguntas y llamadas. Sabe lo que hace.”
“Ryan es absolutamente increíble y profesional. Me dio todos los consejos detallados que necesitaba. Es amable y paciente. ¡Sin duda recomiendo a Ryan y a su bufete!”
“Muy buenos en lo que hacen… siempre estuvieron al tanto de todo; casi no tuve que hacer nada, ellos se encargaron de todo…”
“¡Son excelentes! Hicieron un gran trabajo en mi caso, muy constantes y serviciales. Sin duda los recomendaré a cualquiera.”
“Excelentes abogados… y su honestidad y eso que me ayudaron que yo no vivo en Arizona”
Los resultados anteriores no garantizan un resultado similar.
Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
Free, confidential consultation: (480) 405-6767
Prefer not to call? Send us your case details and a member of our team will follow up with you.
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- Maricopa County Superior CourtFelonies, at the downtown criminal court complex.Central Court Building, 201 W. Jefferson St., and South Court Tower, 175 W. Madison St., Phoenix, AZ 85003Court website Directions
- Justice courtsSome DPS and Sheriff's Office misdemeanors, in courts across the county. Your citation names the court.Find your court
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Our office: Nova Law Group, PLLC, 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. Monday to Friday, 8:00 a.m. to 6:00 p.m., by appointment. Directions
Hable con un abogado de defensa penal del condado de Maricopa
Si lo arrestaron, lo acusaron o un detective lo contactó, las decisiones que tome en los primeros días importan. Nova Law Group defiende casos de delitos menores y graves en la Corte Superior y en las cortes municipales y de justicia de todo el condado de Maricopa.
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¿Prefiere no llamar? Envíenos los detalles de su caso y un miembro de nuestro equipo se comunicará con usted.
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Nuestra oficina: Nova Law Group, PLLC, 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. De lunes a viernes, de 8:00 a.m. a 6:00 p.m., con cita previa. Cómo llegar
RecognitionReconocimientos
Awards and ratingsPremios y calificaciones
Awards and ratings reflect the standards of the organizations that issue them. They do not predict the outcome of any case.Los premios y las calificaciones reflejan los criterios de las organizaciones que los otorgan. No predicen el resultado de ningún caso.