In Arizona, there are 3 degrees of assault. Third-degree assault is the least severe and carries the lightest penalties for a conviction. First-degree assault is the most severe and carries the stiffest penalties.
Many of the elements of the crime are the same or similar, and most of the defenses to an accusation of assault apply to each degree.
First-Degree Assault
First-degree assault is prohibited by N.Y. Penal Law § 120.10. It involves:
- Intentionally causing a serious injury to someone by using a deadly weapon or dangerous instrument,
- Intentionally causing a serious or permanent disfigurement,
- Recklessly causes a serious injury through conduct that shows a depraved indifference to life, or
- Causing a serious injury while committing a felony.
First-degree assault is a Class B felony.
Second-Degree Assault
N.Y. Penal Law § 120.05 covers second-degree assault. Some of the most common instances of this offense are:
- Intentionally causing a serious injury,
- Intentionally causing a non-serious injury by using a deadly weapon or dangerous instrument,
- Recklessly causing a serious injury using a deadly or dangerous weapon or instrument,
- Causing a non-serious injury while committing a felony, or
- Causing any injury to a police officer or emergency responder.
Assault in the second degree is a Class D felony.
Third-Degree Assault
Finally, third-degree assault is covered by N.Y. Penal Law § 120.00, which prohibits:
- Intentionally or recklessly causing a non-serious injury, or
- Using a deadly weapon or dangerous instrument to cause any injury with criminal negligence.
This degree of assault is a Class A misdemeanor.
Legal Defenses to a Charge of Assault
There are several ways to defend against a charge of assault. Some of the most common in Arizona include:
- Self-defense: The defendant admits to hurting the victim, but argues that it was only done to defend against the victim's attacks,
- Defense of someone else: The defendant hurt the victim in order to keep the victim from hurting someone else,
- Defense of property: The defendant hurt the victim in order to keep the victim from stealing the defendant's property, or
- Consent: The victim had agreed to the fight.
Defendants can also mitigate a charge by arguing that the weapon or instrument used was not a deadly or dangerous one.
One thing that is generally not a defense is that the defendant intended to hurt someone other than the victim. Intending to hurt Person A and accidentally hurting Person B, instead, is generally not a defense to an assault charge.