Aggravated Assault Domestic Violence – Strangulation, Class 4 Felony (Maricopa County Superior Court) – Sentenced to Probation– 5/4/2017


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My Client was charged with Aggravated Assault Domestic Violence for strangling is wife. He had four prior felonies and was also on probation. If he was convicted on the assault charges at trial he would have been sentenced to a mandatory minimum 10 years in prison.
 
The definition of Assault in Phoenix can be found in ARS 13-1203. Assault can be committed a few different ways:
  • You can commit Assault under ARS 13-1203 A1 by intentionally, knowingly, or recklessly causing physical injury. This can be done by punching, kicking or biting someone. This level of Assault is a class 1 misdemeanor.
     
  • You can commit Assault under ARS 13-1203 A2 by placing a person in reasonable apprehension of physical injury. This kind of assault is a class 2 misdemeanor. A person can be placed in reasonable apprehension by an individual threatening to hit or injure another person.
     
  • Finally, Assault under ARS 13-1203 A3 is committed by touching another person with the intent to injure, insult or provoke. This is a class r misdemeanor and commonly committed when a person spits on another person.

Class 1 misdemeanor

  • A class 1 misdemeanor is the most serious misdemeanor offense.
  • 6 months in jail
  • 3 years of probation (5 years maximum probation for DUI offenses)
  • $2,500 fine plus surcharges
Some of the most common class 1 misdemeanor offenses include DUI, driving on a suspended license, assault, disorderly conduct, criminal damage, shoplifting, and theft.

Class 2 misdemeanor

  • Maximum of 4 months in jail
  • 2 years of probation
  • $750 fine plus surcharges
Some of the most common class 2 misdemeanor offenses are reckless driving, assault, criminal trespassing in the second degree and criminal damage.

Class 3 misdemeanor

A class 3 misdemeanor is the lowest criminal offense but still, can carry severe punishments.
  • Maximum of 30 days in jail
  • 1 year of probation
  • $500 fine plus surcharges
The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding.

We pushed the case all the way to trial and filed numerous motions. In the end my client was offered a plea deal to probation of which he accepted. This saved my Client from being confined for 10 years.
 
If you are facing domestic violence criminal assault charges in Maricopa County or other communities in Arizona, please contact criminal defense attorney Aaron Black or call (480)729-1683 for a free consultation.

 

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