Understanding ARS Assault: ARS 13-1203

A: Simple assault is a misdemeanor. It occurs when someone intentionally, knowingly, or recklessly causes physical injury, places another person in reasonable fear of imminent injury, or knowingly touches someone with the intent to injure, insult, or provoke. Penalties are lighter, typically up to six months in jail, fines, and/or probation.

Aggravated assault is always a felony under Arizona law. It combines a simple assault with aggravating circumstances, such as using a weapon, causing serious physical injury, or assaulting a protected person like a police officer or first responder. These factors elevate the charge, often resulting in years in prison instead of months.

A: A “serious physical injury” is one that:

• Creates a reasonable risk of death
• Causes serious and permanent disfigurement
• Causes serious impairment of health
• Causes loss or long-term impairment of a bodily organ or limb

In practice, this means:

• Reasonable risk of death: An injury that could have been fatal (e.g., stabbing, gunshot, severe beating).
• Serious and permanent disfigurement: Permanent changes to appearance (e.g., facial scarring, burns, loss of teeth).
• Serious impairment of health: Lasting damage to health (e.g., organ damage, brain injury).
• Impairment of bodily organ or limb: Loss or long-term loss of function (e.g., blindness, paralysis, loss of a limb, permanent joint damage).

Minor injuries—like cuts, bruises, or anything that heals quickly without lasting effects—do not meet the legal threshold for a serious physical injury.

A: Not all assault charges require intentional conduct. Arizona law recognizes three mental states: intentional, knowing, and reckless. Even if you didn’t mean to cause an injury, you can still be charged if you acted recklessly—meaning you were aware of a substantial risk and ignored it.

A: No. Under ARS 13‑1203, assault does not always involve physical injury. You can be charged if you intentionally make someone reasonably fear they are about to be hurt—for example, raising a fist as if to punch. You can also be charged if you touch someone with the intent to injure, insult, or provoke them, even if no injury occurs. A shove, poke, or aggressive chest‑bump can qualify as assault when done to provoke or insult.

A: Self-defense is a recognized legal defense to assault in Arizona, but it is not automatic. To succeed, you must show that a reasonable person in your position would have believed physical force was immediately necessary to protect against another’s unlawful force, and that you used only the amount of force reasonably required. If you used excessive force or were the initial aggressor, your self-defense claim becomes much harder to prove.

A: Assault charges in Arizona do not depend on the victim. Prosecutors can file charges based on other evidence, even if the victim never reports the crime or asks not to pursue it. Only prosecutors, not victims, decide whether charges move forward. While a victim’s refusal to cooperate can make proving the case harder, the State can still prosecute.

A: In Arizona, prosecutors generally have one year to initiate criminal charges for assault. This means that if more than a year has passed since the alleged offense, the State is typically prohibited from bringing charges.

A: To find the right lawyer for your case, follow these steps: schedule consultations, verify they are licensed and in good standing with the bar, research their experience, check their specialization, consult with other lawyers about their reputation, read client reviews, and ensure you feel comfortable with them.