Assault and Disorderly Conduct (Tempe) – Diversion and dismissal – 4/25/2017

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Client was in Tempe for work when he got a little carried away in Tempe bar and got in an argument with a bouncer. Punches were thrown and the police quickly arrived and he was arrested.

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.
I was able to convince the prosecutor to offer a diversion plea. A diversion plea provides first time offenders an opportunity to choose related counseling instead of going to jail. The goal is to educate and rehabilitate in an effort to prevent the defendant from repeating the offense and it provides them with an opportunity to avoid jail by attending classes. Once they have completed all aspects of the diversion the case will be dismissed.

Diversion programs include

  • Anger management
  • Domestic violence
  • Shoplifting & Theft
  • Decision making
  • Mental health
  • Underage drinking issues

 How can you be eligible for a Diversion program?

  • The prosecutor will review the case for diversion eligibility
  • Depends on the type of offense
  • Criminal history
  • Programs available will be assessed in relation to the type of crime that was committed 
In the end my Client and his employer were elated. He was able to keep his job and his criminal record remains clean.

If you have questions or you are facing criminal assault or disorderly conduct charges in Tempe, AZ or the surrounding communities in Arizona, please contact Aaron Black or call (480)729-1683 for a free consultation.
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