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Assault / Domestic Violence in Arizona (A.R.S. §13-1203) (Misdemeanors)

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Assault / Domestic Violence in Arizona (A.R.S. §13-1203) (Misdemeanors)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

Ranking Arizona Logo - DM Cantor

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 1,000+ Assault/Violent Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Assault/Violent Crime Victories!

Beware of Assault/Violent Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Assault/Violent Crimes Attorney and Assault/Violent Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Assault/Violent Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Assault / Domestic Violence Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Assault / Domestic Violence cases.

Every Major Felony Assault / Domestic Violence case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Assault / Domestic Violence Law Team in Arizona

How do you know who has the best Assault / Domestic Violence Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Assault / Domestic Violence in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Assault / Domestic Violence Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Assault / Domestic Violence Defense Team, DM Cantor.

David is a highly-skilled Assault / Domestic ViolenceDefense Lawyer who knows the Assault / Domestic Violence laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Assault / Domestic Violence Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Assault / Domestic Violence overview as to how the DM Cantor Phoenix Assault / Domestic Violence Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Assault / Domestic Violence. So whether you have a single Assault / Domestic Violence charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Assault / Domestic Violence Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Assault / Domestic Violence Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Assault / Domestic Violence charge.

What is Assault / Domestic Violence in Arizona (A.R.S. §13-1203) (Misdemeanors) in Arizona?

In Arizona, per ARS 13-1203 “Assault,” occurs when a person either intentionally, knowingly or recklessly causes any physical injury to another person; knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in reasonable apprehension of imminent physical injury.

 

Normally, any type of red mark or scratch can qualify as an “injury” under this statute. If the Assault incident involves two (2) people who live together, were romantically involved, or who are somehow related, then this is “Domestic Violence” charged under ARS 13-3601 “Domestic Violence Assault.” The Domestic Violence designation carries some serious ramifications in addition to the standard punishment. For instance, you can no longer carry a firearm if a Domestic Violence conviction is on your record. This could cost a police officer, security guard, or military person their job.

Possible Punishment for Domestic Violence

Most misdemeanor Assaults are charged as a class one (1) misdemeanor, however, sometimes they are charged at the lower levels of class two (2) and three (3) misdemeanors if the defendant is found to not have intentionally committed the assault or didn’t cause any physical injury. A class one (1) misdemeanor carries a range of punishment of probation, a maximum punishment of six (6) months in jail, and a $2,500.00 fine with an 80% surcharge. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 84% surcharges can be imposed.

A Domestic Violence (ARS 13-3601) conviction carries the same punishment as the Assault charge, but the real additional punishment attached to a Domestic Violence conviction is the fact that it can be used against the defendant in the future in a Child Custody / Divorce proceeding. A Domestic Violence conviction could cost a person to lose custody and the right to have visitation with their children. In addition, during background checks, most potential employers will not hire someone with an Assault or Domestic Violence conviction on their record. It goes without saying, a second or subsequent conviction for Assault or Domestic Violence (ARS 13-3601) Assault carries very serious ramifications.

Possible Defenses for Domestic Violence (ARS 13-3601)

The most common defense utilized with regard to Assault or Domestic Violence Assault is Self- Defense . In most assault situations, the alleged “victim” will often be the one who makes the first aggressive movement towards the defendant. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol and then attempts to push or grab the defendant, if the defendant simply pulls away the “victim” can lose their balance and injure themselves. Unfortunately, the defendant now automatically becomes the prime suspect because they were uninjured in the altercation. Additionally, if the Domestic Violence (ARS 13-3601) or Assault involves a man and a woman, then typically regardless of who started the physical altercation, the man will usually be charged with a crime while the woman is automatically seen as the “victim.” It is necessary to emphasize the “victim’s” violent and aggressive behavior and the defendant’s calm and peaceful behavior.

The key to defending Assault/Domestic Violence cases will depend on eye-witness testimony, physical evidence analysis, finding and interviewing other witnesses not listed in the police report, the search for any potential security video cameras which may have been present at or near the scene (i.e., security cameras which are located at all Wal-Marts and gas station parking lots) and character evidence. In addition, many times the alleged victim will want the charges to be dropped; this is what is known as a recalcitrant witness. Unfortunately, the State is the one bringing the charges, and not the alleged victim. The State can force the alleged victim to appear and testify against the defendant if they so desire. When we are involved in a case, if there is a recalcitrant witness, we can most often convince the prosecutor to either dismiss the charges or plead the case to a non-Domestic Violence charge (i.e., Disturbing the Peace).

The 17 Best Assault/Violent Crimes Defenses

Additional Defense Tactics for Charges of Domestic Violence

An additional defense when the defendant is charged with a violation by “placing the victim in reasonable apprehension of physical injury” is presenting evidence that it was unreasonable for the “victim” to be fearful. We would present evidence that a reasonable person in the “victim’s” shoes would not have been frightened because the defendant did not present any sort of threat. Testimony about the victim’s state of mind, especially alcohol or drug use, is crucial in demonstrating the defendant’s reasonable behavior and the victim’s irrational behavior.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc..

Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and witness identification procedures, and inaccurate crime scene reconstruction. It is important to hire a skilled Assault/Domestic Violence lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Certified Criminal Law Specialist , per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers® . At DM Cantor in Phoenix, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Domestic Violence Defense Attorneys know the system well. For a Free Initial Consultation , call us at 602-307-0808.

Click here… if you have not been charged with Assault / Domestic Violence yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Assault / Domestic Violence lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Assault / Domestic Violence Lawyers in Arizona know the system well.

The Collateral Consequences Of An Assault / Domestic Violence Conviction

The effects of a Assault/Violent Crimes conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Assault/Violent Crimes Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Assault/Violent Crimes, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Work with a DM Cantor Phoenix Assault / Domestic Violence Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Assault / Domestic Violence Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Assault / Domestic Violence Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Assault / Domestic Violence Lawyers always offer free consultations for an initial visit with our Phoenix Assault / Domestic Violence Defense Attorneys. We are often considered to be the “best Assault / Domestic Violence Defense Lawyer”.

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