24/7 Availability

(480) 944-7994

24/7 Availability

(480) 944-7994

Arrested or Charged with Assault?

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Our Certified Criminal Law Specialists are Ready to Defend You Now!

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Time is Critical in Criminal Cases

Don’t speak to the police alone – Call Us First

Everything you say can be used against you.

Evidence disappears. Witnesses’ memories fade. The prosecution starts building its case the moment of your arrest.

The earlier we get involved, the more options we have to protect your rights.

Call Now: (480) 944-7994

What Makes Assault 'Aggravated'?

Under A.R.S. § 13-1204, a simple assault is elevated to aggravated assault when any of the following circumstances exist:

Assault causes serious physical injury or permanent disfigurement

Offender uses a deadly weapon or dangerous instrument

Victim is unable to resist or is restrained

Assault is committed in the victim’s home (after unlawful entry)

Victim is a police officer, firefighter, EMT, teacher, prosecutor, or judge acting in their official capacity

Offender is 18 or older and the victim is under 15

Strangulation or suffocation is involved (regardless of injury level)

Common Defense Strategies for Assault Charges

Self-Defense or Defense of Others (A.R.S. § 13-404 / 13-406)

Arizona law permits the use of physical force to protect yourself or another person when you reasonably believe it is immediately necessary. We build self-defense arguments backed by witness accounts, medical records, and surveillance footage.

Lack of Intent

Assault requires intentional, knowing, or reckless conduct. Accidents do not qualify. We challenge whether the contact was truly intentional.

Mutual Combat or Consent

In some circumstances, both parties willingly engaged in a physical altercation, which can be a mitigating factor.

Challenging the ‘Dangerous Instrument’ Classification

Prosecutors often overcharge by classifying everyday objects as dangerous instruments. We challenge these designations.

Witness Credibility & Evidence Gaps

Many assault charges rest on a single witness. We investigate prior statements, inconsistencies, and potential motives to fabricate.

Why Choose The Weingart Firm?

Former DUI Judge
Mark Weingart is a former DUI judge and prosecutor, giving us unique insight into how the state builds its case.

1,000+ Jury Trials
We don’t back down. With 1,000+ jury trials, we know what it takes to win in court, not just negotiate a plea.

Certified Specialists
Our team includes two Certified Criminal Law Specialists, a distinction held by few Arizona attorneys.

35,000+ Clients
With decades of experience, we have helped thousands of good people navigate tough legal situations.

Phoenix Assault Defense Services

Simple Assault — A.R.S. § 13-1203

Even a 'simple' assault charge in Arizona is a Class 1 Misdemeanor, punishable by up to 6 months in jail, a $2,500 fine, and probation. A conviction can appear on background checks and affect employment, housing, and professional licenses. We challenge intent, provocation, and witness credibility to pursue dismissal or reduction.

Aggravated Assault — A.R.S. § 13-1204

Aggravated assault is one of Arizona's most serious felony charges, ranging from Class 6 to Class 2 depending on the circumstances. A Class 2 aggravated assault against a police officer or involving serious physical injury carries a presumptive 7-year sentence — and up to 21 years for a dangerous offense. Our team has direct courtroom experience with the full spectrum of aggravated assault cases.

Domestic Violence Assault

When an assault allegation involves a household or family member, it is designated as domestic violence under A.R.S. § 13-3601, triggering additional consequences: mandatory arrest, firearms prohibition, no-contact orders, and enhanced sentencing. We vigorously investigate the circumstances, challenge the alleged victim's account, and work to have DV designations removed where appropriate.

Assault with a Deadly Weapon or Dangerous Instrument

Using any object — not just a firearm — that could cause death or serious injury can elevate an assault to a Class 3 or Class 2 dangerous felony. The definition of 'dangerous instrument' is frequently contested, and we have successfully argued that prosecutors overcharged based on the circumstances. Dangerous offense convictions in Arizona carry mandatory prison time with no probation.

What Our Clients Say

“Put your trust in Mark”
“I was up against a Super Extreme DUI and looking at jail time. Mark and his staff worked diligently to provide me with the best possible defense — and I walked away with just a three-month license suspension. I would highly recommend this firm to anyone facing a DUI or in need of criminal defense.”
— Jesse

“Case was ultimately dismissed”
“He handled my case ethically and professionally. My situation was unique but the bottom line is he represented me very well and my case was ultimately dismissed.”
— Adam

“A name known by all”
“This is AZ’s best group of attorneys as far as I’m concerned. They handled my case with the utmost attention and never let me feel like the outcome was out of our control. Mr. Weingart is more than an institution in the local courts. If you want a strong ally with a name known by all, this is the guy.”
— Christian Grey

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