An assault lawyer in Arizona defends clients accused under Arizona Revised Statutes 13-1203 (simple assault) and 13-1204 (aggravated assault). Oliverson Law DUI & Criminal Defense combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
Arizona charges assault under two principal statutes. ARS 13-1203 defines simple assault, which is generally a misdemeanor, with the specific class depending on whether the conduct was intentional, knowing, or reckless and whether it caused physical injury. ARS 13-1204 defines aggravated assault, which is a felony when certain statutory aggravators apply — serious physical injury, use of a deadly weapon or dangerous instrument, assault on a peace officer or other protected person, assault committed while the victim is restrained, and others listed in the statute.
Aggravated assault under ARS 13-1204 can trigger Arizona’s Dangerous Offense sentencing statute (ARS 13-704) when a deadly weapon or dangerous instrument is used or exhibited. When ARS 13-705 (dangerous crimes against children) applies, sentencing changes again. Which statute and which subsection is charged significantly changes the exposure.
Assault is usually an intent or mental-state driven offense. Self-defense under ARS 13-404, defense of a third person under ARS 13-406, and defense of premises are all statutory defenses that apply where the facts support them.
Arizona’s criminal process moves quickly, and the decisions made in the first 48 to 72 hours after an arrest shape the rest of the case. The exact timeline depends on the charge and the court, but most Arizona cases follow the same four stages.
If you are arrested, Rule 4.1 of the Arizona Rules of Criminal Procedure requires that you be brought before a judge for an Initial Appearance within 24 hours. That is when release conditions — bond, own-recognizance release, or pretrial detention — are set. Having counsel in place before the Initial Appearance can directly affect the conditions the court orders.
Felony arraignments in Superior Court and misdemeanor arraignments in city or justice court are where the charges are formally read and a plea is entered. A not-guilty plea at arraignment preserves every defense and triggers the State’s disclosure obligations under Rule 15.
This is the stage where most criminal cases are decided. Motions to suppress evidence, motions challenging the charging instrument, and review of police reports, body camera video, and witness statements all happen here. A successful suppression motion can end a case before trial.
Most Arizona criminal cases resolve through a negotiated plea, a diversion program, or dismissal after a successful defense motion. When trial is the right path, Rule 8 sets time limits the State must meet. Our approach is to prepare every case as if it is going to trial, because that preparation is what produces better plea offers.
An effective Arizona criminal defense is built around four questions: Was the State’s evidence lawfully obtained? Can the State prove every element of the charge beyond a reasonable doubt? Are there affirmative defenses or justifications that apply? And what resolution produces the best long-term outcome for the client? Every case we take is worked through this framework.
Fourth Amendment issues are where many Arizona criminal cases break down. Traffic stops without reasonable suspicion, searches beyond the scope of consent, and warrantless home entries without exigent circumstances all create suppression arguments under ARS 13-3925 and the Fourth Amendment.
Chain of custody, lab testing protocols, officer credibility, body-camera gaps, and witness reliability are all challengeable. The State must prove every element of the charge beyond a reasonable doubt — breaking any single element ends the prosecution.
Arizona recognizes self-defense under ARS 13-404, defense of a third person under ARS 13-406, defense of premises and property, necessity, duress, and mistake of fact. When the facts support it, we raise these defenses early and present them to the jury.
Our preferred resolution is always dismissal or diversion. When a plea is the right outcome, we negotiate from the leverage created by trial preparation. Prosecutors move their offers when they see a defense that is ready to go.
Oliverson Law was founded in 2009 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Oliverson Law handles assault cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in courts across Maricopa County and Mohave County.
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County Superior Court at 415 E Spring St in Kingman handles felony cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
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ARS 13-1203 defines simple assault, generally a misdemeanor. ARS 13-1204 defines aggravated assault, which is a felony when certain statutory aggravators apply — serious physical injury, use of a deadly weapon or dangerous instrument, assault on a protected person, and others listed in the statute. Which subsection is charged determines the class and sentencing exposure.
Aggravated assault under ARS 13-1204 can trigger Arizona’s Dangerous Offense sentencing under ARS 13-704 when a deadly weapon or dangerous instrument is used or exhibited. Breaking the “used or exhibited” element is often the single most important task in an Arizona aggravated-assault case.
Yes. ARS 13-404 (self-defense), ARS 13-405 (justification for use of deadly physical force), and ARS 13-406 (defense of a third person) are statutory defenses that apply when the facts support them. When raised properly and supported by the evidence, these defenses can result in acquittal at trial or pretrial resolution.
Arizona does not have traditional expungement. ARS 13-905 allows qualifying convictions to be set aside, which releases the person from the penalties and disabilities of the conviction. ARS 13-911, effective January 1, 2023, allows many Arizona criminal cases to be sealed after a waiting period. Eligibility depends on the class of the offense and other statutory factors.
Yes. Even a misdemeanor assault conviction creates a permanent Arizona criminal record that can affect employment, licensing, and immigration decisions. An assault lawyer will often negotiate reduction or dismissal before a conviction is entered, which is much harder to secure after a plea is already entered.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer. That combined experience on the charging, prosecuting, and judicial sides of Arizona criminal cases is what informs our defense strategy. We have been defending Arizona criminal charges since the firm was founded in 2009.
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Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
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