Facing assault and battery charges in Arizona can be an intimidating and stressful experience. These charges carry serious consequences, including hefty fines, probation, mandatory counseling, and even significant jail time — especially if the allegations involve aggravating factors. Understanding the legal process is crucial to building a strong defense, whether you’re accused of a simple altercation or a more serious violent offense.
At Griffen & Stevens Law Firm, our experienced assault and battery defense lawyers have handled countless cases across Arizona. We know how the system works, where weaknesses in the prosecution’s case can be found, and how to protect your rights at every stage. Below, we provide a detailed breakdown of what to expect in an assault and battery case, from the moment of arrest to potential sentencing.
1. Arrest and Initial Charges
The legal process begins when law enforcement responds to an alleged assault or battery incident. How this unfolds can significantly impact the direction of your case.
- Police investigation. Officers will assess the scene, collect evidence (such as witness statements, photos, or video footage), and determine whether there is probable cause to make an arrest. In some cases, police may make an arrest immediately if they believe a crime has occurred. In others, they may conduct further investigation before filing charges.
- Arrest. If arrested, you will be taken into custody. Arizona law allows police to make warrantless arrests in assault and battery cases if they have reasonable grounds to believe a crime was committed.
- Booking. After arrest, you will be processed into the jail system, which includes fingerprinting, photographing, and a background check. Depending on the severity of the charges, you may be held in custody or released on bail.
Assault and battery are distinct offenses under Arizona law. Assault (ARS § 13-1203) involves intentionally placing another person in fear of imminent physical injury, while battery (often charged under domestic violence or aggravated assault statutes) involves actual physical contact or harm. An assault and battery defense lawyer can review the circumstances of your arrest to determine whether police followed proper procedures or if your rights were violated.
2. Initial Appearance and Arraignment
After an arrest, the court process begins with formal charges being filed.
- Initial appearance. Within 24 hours of arrest, you will appear before a judge who will inform you of the charges against you, your rights, and whether bail will be set. The judge may impose conditions for release, such as a no-contact order with the alleged victim.
- Arraignment. At this hearing, you will formally enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the case moves forward to pretrial proceedings.
This stage is critical because procedural errors — such as improper Miranda warnings or unlawful detention — can be challenged. An experienced assault and battery defense lawyer can file motions to suppress evidence or argue for reduced bail.
3. Pretrial Hearings and Motions
Before trial, both the prosecution and defense engage in extensive preparation.
- Discovery. The prosecution must provide all evidence they plan to use against you, including police reports, medical records, and witness statements. Your defense attorney will also gather evidence, such as surveillance footage or expert testimony, to challenge the prosecution’s case.
- Pretrial motions. Your lawyer may file motions to dismiss the case (if there’s insufficient evidence), exclude improperly obtained evidence, or compel the prosecution to disclose additional information.
- Plea negotiations. Many assault and battery cases are resolved through plea bargains. Prosecutors may offer reduced charges (such as disorderly conduct instead of assault) in exchange for a guilty plea. An assault and battery defense lawyer can negotiate for the best possible outcome, avoiding trial if appropriate.
If the case proceeds to trial, thorough pretrial preparation is essential to building a strong defense strategy.
4. Trial
If no plea agreement is reached, the case will go to trial.
- Jury selection. Attorneys from both sides question potential jurors to ensure a fair and impartial panel. Your lawyer may strike jurors who show bias against defendants in assault cases.
- Opening statements. The prosecution outlines their case, followed by the defense presenting their version of events.
- Presentation of evidence. Witnesses testify, and physical evidence (such as medical reports or surveillance footage) is examined. Cross-examination is crucial—your lawyer can challenge witness credibility or highlight inconsistencies in their testimony.
- Closing arguments. Both sides summarize their case, emphasizing key points to persuade the jury.
- Verdict. The jury (or judge in a bench trial) deliberates and returns a verdict of guilty or not guilty.
A skilled assault and battery defense lawyer will aggressively challenge the prosecution’s case, present alternative explanations for the incident, and ensure your side of the story is heard.
5. Sentencing (If Convicted)
If found guilty, the judge will determine sentencing based on several factors:
- Severity of the offense. Simple assault is a misdemeanor, while aggravated assault (involving weapons or serious injury) is a felony with harsher penalties.
- Prior criminal history. Repeat offenders face longer sentences.
- Mitigating factors. Your lawyer may present evidence of good character, employment history, or remorse to argue for leniency.
Possible sentences include:
- Probation. Supervised release with conditions such as anger management classes. In cases of domestic violence, convictions require mandatory counseling.
- Fines. Up to thousands of dollars, depending on the charge.
- Jail or prison time. Misdemeanors may carry up to 6 months in jail, while felonies can result in years in prison.
- Restitution. You may be ordered to pay the victim’s medical bills or other expenses.
An assault and battery defense lawyer can advocate for alternative sentencing, such as diversion programs that allow charges to be dismissed upon completion.
6. Appeals (If Applicable)
If legal errors affected your trial, you may have grounds for an appeal. Common issues include:
- Improper admission of evidence. If the judge allowed evidence that should have been excluded, it could warrant a new trial.
- Jury misconduct. If jurors improperly discussed the case or were influenced by outside information.
- Ineffective assistance of counsel. If your lawyer failed to provide competent representation.
An appellate attorney can review the trial record and argue for a reversal or reduced sentence.
Why You Need an Assault and Battery Defense Lawyer
Assault and battery cases are complex, and the stakes are high. A skilled assault and battery defense lawyer from Griffen & Stevens Law Firm can:
- Investigate the incident thoroughly, uncovering witness biases, surveillance footage, or forensic evidence that supports your case.
- Challenge weak evidence, such as inconsistent witness statements or improperly conducted police procedures.
- Negotiate with prosecutors to reduce charges or avoid jail time.
- Prepare a strong trial defense, including expert testimony if needed.
- Protect your future, minimizing the long-term consequences of a conviction.
If you or a loved one is accused of assault or battery in Arizona, don’t wait — legal guidance is crucial from the very beginning. The sooner you consult an assault and battery defense lawyer, the better your chances of a favorable outcome. At Griffen & Stevens Law Firm, we can provide aggressive, strategic defense tailored to your unique situation.