Misdemeanor Assault FAQs

Under Arizona Revised Statutes § 13-1203, misdemeanor assault is a crime that makes it illegal to intentionally cause physical injury to another person or to place another person in fear of immediate physical injury. Touching someone with the intent to “injure, insult or provoke” them is also considered misdemeanor assault.

No, there are three ways you can be charged with misdemeanor assault, and only one of them requires the government to prove you caused actual injury. The other two subsections of the misdemeanor assault statute cover situations where the defendant places another person in reasonable fear of imminent physical injury or touches them with the intention of injuring, insulting or provoking them.

For example, walking up to someone at a bar and pulling your fist back as though you were going to punch them could be considered misdemeanor assault, even if you end up dropping your hands and walking away.

There are a few common defenses to misdemeanor assault. Perhaps the most common defense is self-defense. You would not commit the crime of assault if your actions were based on a fear that another person was going to hurt you. However, for self-defense to apply, your belief that you were in danger must be reasonable, and the extent of force you use cannot exceed that which was about to be used against you.

Other defenses to misdemeanor assault include:

• Fabrication – The alleged victim made up the charges against you;
• Defense of Others – Your actions were intended to protect someone else who was in danger;
• Intent – Although you may have hurt someone, you lacked the intent to do so; and
• Provocation – The other person started the confrontation.

Misdemeanor assault is a Class 1 misdemeanor if you knowingly and willfully caused physical injury to another person. Class 1 misdemeanors are the most serious misdemeanors and carry a possible sentence of six months in jail. However, if you recklessly hurt the other person, the offense is a Class 2 misdemeanor, punishable by up to four months in jail. Placing someone in fear of physical injury is a Class 3 misdemeanor, which carries a possible jail sentence of up to 30 days. However, if you have a prior assault within the past two years, the offense will be graded one degree higher, meaning a Class 2 misdemeanor would become a Class 1 misdemeanor.