Assault & Battery Protecting Our Clients' Rights

Phoenix Assault & Battery Lawyer

Assault and battery are common criminal charges and are often mentioned together in one phrase. However, they are distinct offenses with different legal definitions and implications. Assault generally involves an act that puts another person in reasonable apprehension of imminent physical harm, while battery requires actual physical contact or harm to another person.

While many jurisdictions combine these under the umbrella of assault, Arizona law treats simple assault and aggravated assault as specific criminal offenses without a separate statute for battery.

If you have been accused of assault in or around Maricopa County, it is vital to seek the help of a criminal defense lawyer whom you can trust. Not all attorneys have the same qualifications, service protocols, or client commitment. 

At Ryan Garvey Attorneys, PLC, our Phoenix assault and battery attorney has handled thousands of cases over his 25-year career. His approach is aggressive and results-driven from start to finish. 

Get a confidential case review by contacting us online or at (602) 353-7328 to make an appointment. 

Arizona’s Assault Statute

ARS § 13-1203 is the Arizona law outlining assault. 

Under this law, assault consists of the following: 

  • Intentionally, knowingly, or recklessly causes physical injury to another person. If done intentionally or knowingly, this is a class 1 misdemeanor; if done recklessly, it is a class 2 misdemeanor.
  • Intentionally places another person in reasonable apprehension of imminent physical injury. This is a class 2 misdemeanor offense.
  • Knowingly touches another person intending to injure, insult, or provoke that person. This is a class 3 misdemeanor offense.

Scenarios of assault can vary widely, demonstrating the breadth of the law. Examples could include: 

  • Threatening behavior: Individual A raises a fist and threatens to hit Individual B during a heated argument in a public park. If the threatened individual reasonably believes they are about to be struck, this could be prosecuted as assault, even if no physical contact occurs.
  • Causing injury: Individual C, in a fit of rage during a roadside disagreement, punches Individual D in the face, causing a broken nose. Because of the probable consequences, C's purposeful action fits the statute’s definitions of physical injury with intention, knowledge, or recklessness. 
  • Provocative or offensive acts: Individual F deliberately spits toward Individual G during an altercation, intending to provoke a reaction or disgust. While not causing harm, this offensive act is meant to upset Individual G. 
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