Assault

Assault Attorney in Phoenix

30+ Years of Combined Experience Defending Assault Charges in Phoenix

An assault charge in Arizona moves fast. The charge can range from a class 3 misdemeanor to a class 2 felony, and the decisions made in the earliest hours after an arrest can shape the entire case. At Faussette & Faussette, PLLC, we defend clients facing assault charges in Phoenix and throughout Maricopa County, bringing 30 or more years of combined criminal defense experience to every case.

Founded in 2013, we build every defense around the specific facts of your situation. We start by listening carefully to your account of what happened, then develop a strategy tailored to your circumstances and goals. That’s not a talking point; it’s the foundation of how we work.

Facing an assault charge in Phoenix? Call us at (602) 905-2833 to schedule your free 15-minute criminal defense consultation. We offer both in-office and virtual appointments.

Transparent Counsel From the First Call Through Resolution

Many criminal defense firms hand clients a generic strategy and move on to the next file. We take a different approach. Our attorneys walk you through every available path forward, from dismissal and diversion to plea negotiation and trial, so you understand your options before making any decisions.

Client reviews reflect what that approach looks like in practice: communicative, honest, pragmatic, and thorough. One client noted their case was diverted and won’t appear on their record. We can’t promise any specific outcome, but we can help you stay informed about where your case stands and what comes next.

How Arizona Defines Assault

Arizona law defines assault more broadly than most people expect. Under ARS 13-1203, you can be charged with assault even if no one was physically harmed. The statute covers three distinct acts, each carrying a different misdemeanor classification.

The three forms of misdemeanor assault:

Class 3 misdemeanor: Intentionally placing another person in reasonable apprehension of imminent physical injury, or knowingly touching another person with intent to injure, insult, or provoke. Penalties include up to 30 days in jail and fines up to $500.
Class 2 misdemeanor: Recklessly causing physical injury to another person. Penalties include up to 4 months in jail and fines up to $750.
Class 1 misdemeanor: Intentionally or knowingly causing physical injury to another person. Penalties include up to 6 months in jail and fines up to $2,500.

Arizona doesn’t have a separate battery statute. What other states charge as battery, Arizona charges as assault. Misdemeanor assault cases arising from Phoenix arrests are typically heard at Phoenix Municipal Court. Incidents in unincorporated areas of Maricopa County may be assigned to one of 26 justice court precincts.

When Assault Becomes a Felony

When certain aggravating factors are present, a charge escalates from misdemeanor assault to aggravated assault under ARS 13-1204. Aggravated assault is a felony, ranging from a class 6 to a class 2 depending on the circumstances.

Aggravating factors that can elevate a charge include:

Causing serious physical injury or disfigurement
Using a deadly weapon or dangerous instrument
The victim being physically restrained
The defendant entering a private residence to commit the assault
The defendant being 18 or older and the victim being under 15
An active order of protection being in place
The victim being a police officer, firefighter, teacher, healthcare provider, or other statutorily protected person

Felony assault charges in Maricopa County are prosecuted by the Maricopa County Attorney’s Office and heard at Maricopa County Superior Court. After a felony arrest, an initial appearance before a judge must occur within approximately 24 hours, at which release conditions are set. Assault charges are also frequently filed alongside related counts such as disorderly conduct, domestic violence, or resisting arrest.

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Why Choose Faussette & Faussette, PLLC?

Client-Focused Representation
Every case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
Honest & Transparent Communication
Clients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
Aggressive When It Matters Most
Whether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
Experienced Legal Advocacy
With nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.

What an Assault Conviction Means Beyond the Courtroom

Jail time is one consequence. The others follow you long after sentencing. A conviction for assault in Arizona creates a permanent criminal record that appears on background checks run by employers and landlords. For felony convictions, the stakes go further: civil rights, including the right to vote, possess a firearm, and hold public office, are suspended under Arizona law, and restoring them typically requires a separate legal process after completing the sentence.

Assault and aggravated assault are classified as violent offenses under Arizona law, which limits post-conviction relief options. A civil lawsuit from the victim can also add financial consequences on top of criminal fines, regardless of how the criminal case resolves.

First-time offenders may qualify for diversion programs or alternative sentencing, including probation, community service, mandatory anger management, substance abuse treatment, or electronic monitoring, depending on the charge class and circumstances. Whether those options are available, and how to pursue them, is exactly the kind of question we address in a first consultation.

Defense Strategies for Phoenix Assault Cases

No two assault cases are alike, and no single defense fits every situation. Our assault defense attorneys examine the full record before recommending any approach, including witness statements, police reports, and how evidence was collected.

Self-Defense & Defense of Others
Arizona law recognizes the right to use reasonable force to protect yourself or another person from an imminent unlawful threat. If a reasonable person in the same circumstances would have acted the same way, self-defense may defeat the charge entirely.

Lack of Intent
The prosecution must prove the defendant acted intentionally, knowingly, or recklessly. Evidence that contact was accidental can undermine that burden and eliminate one or more charge classifications.

Insufficient Evidence
The state must prove guilt beyond a reasonable doubt. Inconsistent witness testimony, lack of physical evidence, or unreliable accounts can create reasonable doubt that can be used to challenge the charge.

Fourth Amendment Challenges
If law enforcement gathered evidence through an unlawful search or seizure, our attorneys can move to have that evidence excluded, which may weaken the prosecution’s case.

Lack of Knowledge of Victim’s Status
In aggravated assault cases involving protected-class victims such as police officers, demonstrating the defendant didn’t know the victim’s status may defeat that specific element of the charge.

Alibi
Evidence placing the defendant elsewhere at the time of the alleged assault can undermine the prosecution’s case.

Maricopa County Attorney’s Office prosecutors are aggressive, and local judges evaluate defense arguments closely. Early intervention matters. We assess every potential weakness in the state’s case, including procedural violations during evidence collection, before settling on the strategy best suited to your situation.

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Hear about our clients experience with us

"Got my entire case diverted and won’t even show up on my record."
Nick Faussette was incredibly competent and amazingly attentive from the very start.

- Ross M.
"Communicative, honest, pragmatic and highly competent attorneys."
Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.

- CC
"Her representation was thorough and well prepared."
She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.

- James M.
"They've done amazing and incredibly outstanding job."
If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.

- Satisfied Client
"I would not hesitate to work with him."
He did such an amazing job and really helped my family.

- Ketsia A.
"Jacob Faussette is the best lawyer ever"
I would recommend anyone to have Jacob fight for your justice.

- Julienne B.
"I'm 100% satisfied!"
Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.

- Gary G.
"I've been affiliated with the Faussette brothers for a while now."
Jake and Nick will fight through a blizzard or sandstorm to make sure your case doesn't turn into ruins.

- Joey B.

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How Faussette & Faussette, PLLC Approaches an Assault Case

Every case starts with a conversation. We listen to your account of what happened, ask the questions that matter, and build our understanding of the facts before we build a strategy. That process isn’t just good client service; it’s how sound criminal defense is prepared.

From that foundation, we explain every available path forward in plain language, including the potential outcomes for each option, so you can make informed decisions at every stage. We handle assault, aggravated assault, domestic violence, and related charges for clients throughout Phoenix and the greater Maricopa County area. What you won’t get from us is a pre-packaged approach developed for someone else’s case.

How Assault Cases Move Through Maricopa County Courts

Where your case is heard depends on what you’re charged with and where the incident occurred. Misdemeanor assault cases arising from Phoenix Police arrests are typically routed to Phoenix Municipal Court. Incidents in unincorporated Maricopa County may land in one of 26 justice court precincts instead.

Felony assault and aggravated assault charges are prosecuted by the Maricopa County Attorney’s Office and heard at Maricopa County Superior Court. A felony case moves quickly after arrest: an initial appearance must occur within approximately 24 hours, followed by probable cause determination, arraignment, pretrial conferences, and either a negotiated resolution or trial.

Many assault cases are resolved before trial through negotiations with the prosecution, including charge reductions, deferred prosecution agreements, or diversion. Knowing which court and which prosecuting office is handling your case is the first step toward an effective defense strategy. That’s where we start.

Schedule Your Free 15-Minute Consultation

If you or someone you know is facing an assault charge in Phoenix, the time to act is now. Speaking with an assault defense attorney before you speak with law enforcement is one of the most important steps you can take to protect your rights.

Faussette & Faussette, PLLC offers a free 15-minute criminal defense consultation to review your situation, answer your questions, and walk you through your legal options. Appointments are available in-office and virtually.

Call our assault defense attorneys at (602) 905-2833 or reach out through our online contact form to schedule your consultation today.

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Your Defense is our priority

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