Assault in Arizona: ARS 13-1202

Learn about what assault means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.

Arizona Assault Laws, Made Simple

Information about the assault law in Arizona is found in 13-1203 of the Arizona Revised Statutes. It explains that an individual commits assault if they recklessly, knowingly, or intentionally cause physical injury to someone. Placing someone in imminent injury applies, too, as well as touching someone with intent to provoke, insult, or injure them knowingly.

What Counts as Assault in Arizona?

One way a person may be arrested for assault if there’s enough evidence to show that they intended to harm another, knowingly caused or attempted to cause injury to another, or injured someone else due to recklessness.

Another way someone can be charged with or accused of violating ARS 13-1203 is if there’s evidence to show they intentionally put someone else in a circumstance where physical injury could have reasonably occurred. Let’s look at some other facts about the statute.

“Imminent” Physical Injury

ARS 13-1203 includes the word “imminent” to explain that injury doesn’t need to have occurred. It only requires that it probably would have happened in the situation the victim was in.

It Doesn’t Require Hitting

To be charged with assault in the state of Arizona, you don’t actually need to hit someone. A good basic understanding to have about violent crime in the state is that this charge can cover anything from causing someone to flinch, to pushing them, hitting someone, or spitting at them.

It Doesn’t Require Hurting Someone

It’s not necessary to actually hurt another person to get an assault charge in Arizona. Even intimidating someone can count in certain cases. So someone who does hit another person without hurting them can still get the charge.

Clarification of Terms in 13-1203

The statute states that knowingly touching another person with intent to provoke, insult, or injure can lead to a charge. The “touching” mentioned in the statute doesn’t have to involve violence or excessive force. It just has to insult the person, attempt to injure them, or provoke them into further action or anger.

Let’s look closer at the terms involved in 13-1203.

“Intentionally”

In terms of conduct, the word “intentionally” is referring to someone’s objective. An action was committed intentionally if the objective was to injure, insult, or provoke another.

“Physical Injury”

This can mean any level of impairment to someone’s condition. It doesn’t have to be a serious or permanent injury.

“Recklessly”

In this case, recklessness refers to being aware of an omission or act, but purposely disregarding the risk of what could happen as a consequence.

“Knowingly”

The word “knowingly” used in this statute refers to a belief or awareness that the circumstance applies and that the conduct is of the nature described in the statute. Ignorance doesn’t help the offender’s case since they don’t have to be aware that their omission or act is illegal to be charged.

How Could Someone End up Charged with Assault?

There are a few different ways the state can charge you with this crime. What follows are some of the more common, simplified reasons people are charged with assault in Arizona.

Class 1 Misdemeanor

If you pushed, kicked, slapped, bit, or hit someone intentionally, you could get a class 1 misdemeanor. This could lead to a $2500 fine and up to 6 months behind bars.

Class 2 Misdemeanor

You caused someone to run away, duck, or flinch to avoid you pushing, kicking, or hitting them on purpose. A class 2 misdemeanor means you could receive a fine of $750 and up to 4 months of jail time.

Another way you could end up with a class 2 misdemeanor for assault is pushing, kicking, slapping, or biting someone on accident but because of your own recklessness. In other words, you may have been acting impulsively or carelessly and might have been drunk. Unless you were drunk against your will, drunkenness does not get you off the hook. This would lead to the same $750 fine and up to 4 months in jail.

Class 3 Misdemeanor

You could get a class 3 misdemeanor in violation of 13-1203 if you spit or poked someone on purpose. The punishment could be a $500 fine and up to a month in jail.

When Does Assault Become Aggravated Assault?

The charges above could turn into aggravated assault if any of the offenses were committed to a park ranger, public defender, prosecutor, medical professional, teacher, paramedic, firefighter, law enforcement, or a child under 15. Aggravated assault is a felony conviction.

Is Permanent Damage Necessary?

There are a number of reasons that someone can be charged with this serious crime. If they end up in a fight, they could face felony charges for assault, depending on the injuries of the other person. This doesn’t require that the other person suffered permanent damage. For instance, a broken nose can cause the aggressor to receive a felony assault charge in violation of 13-1203.

Drunk Driving

It’s no secret that a DUI is a crime with serious consequences. Driving drunk can lead to an aggravated assault charge if you injure someone else in an accident. This counts whether it’s someone in another vehicle or a passenger in your car.

Road Rage

Road rage may also count as aggravated assault if a law enforcement official thinks you were attempting to hurt another individual with your vehicle. This doesn’t require actually hitting someone, but may result in a charge if the other person thought you were about to hit their car.

Aiming a Weapon at Someone

Pointing a gun at someone could easily result in aggravated assault and prison time. But any item that could be used for fighting could count as a weapon in this case, especially if it’s picked up and aimed during an argument.

Need help with your assault charge in Arizona? Call us at (480) 651-8578 to speak to a criminal defense attorney for free.

To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.