A lawyer can explain what to expect as your case progresses, advise you of your rights, and and help you to understand your options. According to the Pima County Sheriff's Office Officer Michael Flaminio, 36, faces two misdemeanor assault charges. Misdemeanor Assault in Arizona. Misdemeanor assault is a very common offense in Arizona. Thus, our defense team works hard to present evidence that can show the judge what really happened by talking to witnesses, obtaining surveillance videos, and identifying those who may have witnessed the altercation but who were not included in the police report. Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense. In early August, Michael Flaminio, … Driving while intoxicated or under the influence is a life-threatening and serious issue in the USA. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. Hire an Assault Attorney in Phoenix That Can Help. Rarely are penalties as extensive as that, unless there is some sort of egregious circumstance. I currently live in Nevada. Arizona divides assault into three misdemeanor offense based on the seriousness of the actions committed. Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. DM Cantor features may former prosecutors on staff and Martindale Hubbell® has given the firm the highest rating available, AV®. Arizona has some of the most severe penalties for misdemeanor assault charges in the nation. Do you even know the difference? If the assault was committed on a relative, someone that you’re in a relationship with or just somebody that resides at your house like a roommate, then those situations will fall under domestic violence. ARS 13-1203 is the law that defines the different types of misdemeanor assault in Arizona. Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action. Our firm has handled thousands of misdemeanor charges across Arizona. (2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or. Arizona Expungement Process Under ARS 13-905 – Conviction Set Aside. Bretton Barber assists people in such situations. This designation can have harsher penalties, such as completing domestic violence treatment, which can last 26 to 52 weeks, and you lose your right to possess firearms. Pima County corrections officer Michael Flaminio is facing two misdemeanor assault charges. Misdemeanor Assault has three different classifications. Assault; classification. Instead, all that is needed is that the alleged victim feared that they were going to be seriously injured. Call us today to speak with an attorney immediately! When someone goes up and punches someone, that is an intentional assault, and that would be a Class 1 misdemeanor, which is the highest misdemeanor. If a person is convicted of assault that person is often facing a jail sentence. A Class 2 Misdemeanor can have a maximum punishment up to four months in prison. A simple example of this is poking a sibling, who says, “Quit poking me.” You’re not injuring them; you are just trying to provoke them. The term assault encompasses a wide range of behavior from the threat of violence to inflicting bodily harm on someone. If you are currently facing a burglary offense, then you may have been charged with one of these statutes. It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a misdemeanor immediately upon conviction. In these circumstances, usually the alleged victim actually began the altercation, and — as is common when alcohol is involved — the individual attempted to hit the defendant but lost his balance and hurt himself. If, during the assault, the victim’s ability to resist was subdued, so much so because of alcohol, that could be an aggravating factor. Consequently, the penalties for assault in Tucson vary from fines to extensive prison sentences. We are aggressive, patient and unrelenting in our quest to get our client's cases dismissed. The main purpose of Arizona misdemeanor diversion programs is to help a first-time offender understand the consequences of their actions. To schedule a free case review, call the firm at (602) 737-2812 or contact us through our secure, confidential web form. § 13 … Also, if someone is in prison or subject to custody in some sort of detention and commits the assault knowing that the victim is acting in their official capacity as an employee, it would be charged under the officer statute. Misdemeanor Assault in Arizona Assault charges can be difficult to understand because the conversational meaning of assault does not directly align with the legal definition of the term. This can also be labeled as an assault, which will go under a Class 3 misdemeanor and is the lowest level of misdemeanor that Arizona has. Ref: Arizona ARS 13-1203 Because of this … 5111 N. Scottsdale Road, Suite 275 Assault allegations can arise from a number of situations, including using words or threats of violence or even simply touching someone against their will. In Arizona, assault charges can result from many different scenarios. 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