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Many people who are not familiar with Arizona’s laws prohibiting assault are surprised to learn the level of conduct that is considered assault. For instance, you can be guilty of committing assault in Gilbert without ever laying a hand on another individual. Of course, causing physical injury to another person is indeed insult but so could throwing a rock at another person—even though the rock never strikes anyone. Violent crimes such as being charged with assault are considered some of the more serious criminal offenses in Arizona. Depending on the severity of actions taken and involved, the consequences of an assault conviction are usually significant and life-changing. With this in mind, If you’ve been accused of assault or any other violent crime, you should immediately speak to our Gilbert criminal defense attorneys by calling (480) 248-7666 or filling out a contact form online here.
Assault charges can range from class 3 misdemeanor to a class 1 misdemeanor depending on the conduct and the state of mind of the individual committing the conduct. The terms which describe the state of mind of an individual suspected of committing a crime are legal terms of art and are defined in the Arizona criminal code.
Some of these mental states are straightforward. For example, the word “intentionally” means what it sounds like—that the crime was an outcome that was intended by the conduct of the actor. “Knowingly” means that the actor knew or should have known the crime would have occurred by their conduct. Also, “recklessly” refers to conduct that is so reckless that it is likely that the criminal conduct may occur as an outcome of the conduct—whether or not the actor knew that it may happen.
If you are suspected of assault in Gilbert, the level of misdemeanor you are charged with will greatly depend on what the arresting officer and/or the prosecutor perceives your state of mind to be while committing the crime. The lens through which law enforcement views an incident and the lens in which prosecutors view an incident is often tinted with conviction. At the Rosenstein Law Group, we comb through the evidence to create a clearer picture. If you are facing assault charges in Gilbert, give our office a call so that we can set up a free consultation to discuss your case at (480) 248-7666.