What is Misdemeanor Assault and Misdemeanor Disorderly Conduct in Arizona?
Are you facing charges of misdemeanor assault or misdemeanor disorderly conduct in Arizona?
Charges of misdemeanor assault or misdemeanor disorderly conduct can result in significant penalties, jail time, fines, and a lingering long-term impact. Both charges fall under the broader umbrella of ‘crimes against public order’, but have different elements, penalties, and applicable defences. If you’ve been charged, contact a Mesa criminal defense lawyer as soon as possible to get representation and legal advice that you need.
What Is Misdemeanor Assault?
Misdemeanor assault is found in Arizona Revised Statutes (A.R.S.) § 13-1203, and is classified into three categories – Class 1 (most serious), Class 2, and Class 3 (least serious). The Class of misdemeanor depends on the alleged conduct and mental state.
Class 1 Misdemeanor Assault
To prove a Class 1 charge, the state must show that beyond a reasonable doubt, the defendant intentionally, recklessly or knowingly caused physical injury to another person. Under A.R.S. § 13-105, physical injury means impairing someone’s physical condition. That can include the slightest of injury —such as a small bruise, cut, or even redness on the skin.
Class 2 Misdemeanor Assault
To prove a Class 2 charge, the state must show that beyond a reasonable doubt, the defendant intentionally placed someone in reasonable apprehension of imminent physical injury. A Class 2 charge does not have an injury or touching requirement – it is enough for a person to reasonably believe that they were going to be injured.
Class 3 Misdemeanor Assault
To prove a Class 3 charge, the state must show that beyond a reasonable doubt, the defendant knowingly touched a person with the intent to injure, insult, or provoke them. A Class 3 charge also has no injury requirement. The touching in this situation does not need to be excessively violent or forceful. A person can be charged with assault in the absence of physical injury – the mere apprehension of harm is enough.
Penalties for Misdemeanor Assault
The penalties vary based on whether the defendant is charged with a Class 1, 2, or 3 misdemeanor assault:
- Class 1: Penalties can include up to six (6) months in jail, a maximum fine of $2,500, up to three (3) years of probation, and court-ordered restitution to the victim.
- Class 2: Penalties can include up to four (4) months in jail, a maximum fine of $750, and up to two (2) years of probation.
- Class 3: Penalties can include up to 30 days in jail, a maximum fine of $500, and up to one (1) year of probation.
The actual penalties imposed will vary depending on the circumstances surrounding the offense, the defendant’s criminal history, and the discretion of the judge.
Defenses for Misdemeanor Assault
Several defenses can be raised against a charge of misdemeanor assault, including:
Lack of required mental state
If the defendant did not act intentionally, knowingly, or recklessly, they can argue that their actions did not meet the required mental state for assault. In other words, if a defendant accidentally caused an injury, they should not be found guilty of assault.
Self-defense (A.R.S. § 13-404)
If the defendant reasonably believed that they were in imminent danger of physical harm, they may be able to assert a defence of self-defense. Remember that for the self-defense justification statute to apply, the self-defense must be proportional to the act of the aggressor.
Defense of others
A defendant may defend another person if that other person would be justified in using self-defense.
Constitutional violations
Common constitutional violations including lack of reasonable suspicion, lack of warrant, Miranda violations, or denial of the right to counsel. These constitutional violations, among others, may help in dismissing the charges.
Consent
In rare circumstances, the alleged victim may have consented to the conduct that resulted in the assault charge, in which case consent can serve as a defence.
What is Misdemeanor Disorderly Conduct?
Misdemeanor disorderly conduct is found in A.R.S. § 13-2904. Under this statute, a person commits disorderly conduct if they do any of the following with the intent to disturb or know that their actions will likely disturb the peace or quiet of a person, family, or neighborhood:
- Engage in fighting, violent or seriously disruptive behavior, or
- Make unreasonable noise, or
- Use offensive or offensive language or gestures to any person present in a manner likely to provoke immediate physical relation by such person; or
- Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
- Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
- Recklessly handle, display, or discharge a deadly weapon or dangerous instrument.
Disorderly conduct under any of the above situations is classified as a Class 1 misdemeanor, which is the highest level of a misdemeanor offense.
In Arizona, disorderly conduct can also be classified as a Class 6 felony. Felony disorderly conduct occurs when a person, with the intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
The statute defines disorderly conduct very broadly, and a wide range of conduct may fall under “disorderly conduct.” As a result, police can be quick to charge somebody with disorderly conduct when no other obvious crimes have occurred, such as an assault or criminal damage.
Penalties for Misdemeanor Disorderly Conduct
Misdemeanor disorderly conduct is typically classified as a Class 1 misdemeanor, and the penalties can include:
- Up to 6 months in jail,
- A maximum fine of $2,500,
- Probation, and/or court-ordered restitution to the victim.
Felony Disorderly Conduct (with no prior felony convictions):
- From 4 months up to 2 years in prison,
- A maximum fine of $150,000,
- Court-ordered restitution to the victim.
For felony disorderly conduct, the amount of prison time increases up to six (6) years based on how many prior felony convictions a defendant may have on their record.
Similar to misdemeanor assault, the actual penalties that a defendant faces can vary depending on the specific circumstances, the defendant’s criminal history, and the judge’s discretion.
Defenses for Misdemeanor Disorderly Conduct
Some defenses against a charge of misdemeanor disorderly conduct include:
Lack of required state of mind
To be charged, the defendant must have intended to disturb the peace, or know that the conduct was disturbing the peace. If the conduct was simply a reasonable mistake or accident, it is not sufficient for a criminal charge.
- If a defendant is charged with disorderly conduct for disturbing the peace of a particular victim, the state must prove that the defendant intended to disturb that victim’s peace or knowingly disturbed that victim’s peace.
- If the defendant is charged with disturbing the peace of the neighborhood, then the conduct is measured against an objective standard: whether the actions violated the usual standards of behavior under the circumstances. The state does not have to prove a particular person was disturbed.
Lack of recklessness
If the disorderly conduct is charged as a felony, the state must prove that the defendant “recklessly” handled a weapon (reckless meaning that it is grossly different from the standard of conduct of a reasonable person in the situation).
Self-defense (A.R.S. § 13-404)
If the defendant reasonably believed that they were in imminent danger of physical harm, they may be able to assert a defence of self-defense. Remember that for the self-defense justification statute to apply, the self-defense must be proportional to the act of the aggressor.
Defense of others
A defendant may defend another person if that other person would be justified in using self-defense.
Freedom of speech
If the conduct in question is protected by the First Amendment and 14th Amendments to the United States Constitution, it may serve as a defense. However, the Constitution does not allow or protect fighting words (words that are inherently likely to incite a violent reaction when said to an ordinary citizen).
Constitutional violations
Common violations including lack of reasonable suspicion, no warrant, Miranda violations, or denial of the right to counsel, can be raised to get a dismissal of the charges.
Finding the Right Defense Lawyer
Being charged with misdemeanor assault or misdemeanor disorderly conduct in Arizona can have significant legal consequences and long-term impact. Every case is unique; consulting with an experienced criminal defense attorney is crucial for defending against your specific charges and using the right legal strategy. An experienced and skilled criminal lawyer may reduce or even dismiss the charges made against you.
If you’ve been charged, contact a Mesa criminal defense lawyer as soon as you can. A defense lawyer can investigate the circumstances surrounding the charges, gather evidence, and build a defense on your behalf that best protects your rights.
Let Us Help You Fight Your Charges
At Dove Law Firm, our leading attorneys have a comprehensive understanding of Arizona law and extensive experience in criminal defense, including misdemeanor assault and misdemeanor disorderly conduct, and specialize in navigating complex cases for the best outcome. We provide personal attention to every matter, help you understand your options, and advocate on your behalf every step of the way. We build a comprehensive and tailored defence and are ready to represent you throughout your legal proceedings.
Don’t wait to get the legal guidance you need, contact us today to schedule your free and confidential consultation.
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