As an immigrant facing assault charges in Phoenix, it's important to know your status could be at risk. Arizona views assault as a serious offense. The penalties range anywhere from a Class 1 Misdemeanor to a Class 3 Misdemeanor. Even a misdemeanor assault conviction may affect your immigration status, depending on the exact offense, the terms of any plea, the sentence imposed, and your immigration history.
At Vianey K. Hurtado Law, we recognize the seriousness of assault charges. We provide you with a knowledgeable legal team and a strategic defense. Together, we will advocate for your rights as an immigrant. Our law firm serves the areas of Phoenix and Yuma.
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A.R.S 13-1203 defines assault as intentionally or recklessly causing injury to another person. The crime may also involve placing somebody in danger or having intent to hurt them.
Charges under Arizona’s basic assault statute are misdemeanors. More serious circumstances may result in felony aggravated assault charges under a separate statute. The classification depends on factors of the specific crime.
Arizona assigns charges based on the following criteria:
The penalties for a Class 1 Assault can include up to 6 months in jail, a $2500 fine, and 3 years of probation.
The penalties for a Class 2 Assault can include up to 4 months in jail, 2 years of probation, and $750 in fines.
The penalties for a Class 3 Assault can include up to 30 days in jail, 1 year of probation, and $500 in fines.
When dealing with an assault charge as an immigrant, the penalty process becomes more complex.
Assault is not automatically a deportable offense. The immigration consequences depend on the exact subsection of conviction, the conduct involved, the sentence imposed, the person's immigration history, and other facts surrounding the case.
Certain assault convictions may raise issues involving crimes involving moral turpitude or other grounds under federal immigration law. Because immigration law applies its own definitions and standards, an offense that Arizona classifies as a misdemeanor may still create serious immigration consequences.
In some cases, the way the plea is negotiated can make a significant difference. A criminal defense attorney representing a non-U.S. citizen should consider the immigration consequences before the client enters a plea or resolves the case.
Assault cases involving a spouse, former spouse, romantic partner, co-parent, household member, or another qualifying domestic relationship require additional immigration analysis.
Federal immigration law contains a specific ground of deportability for certain crimes of domestic violence. This means that even a misdemeanor assault conviction may potentially make a lawful permanent resident or other non-U.S. citizen deportable if the conviction meets the federal definition of a crime of domestic violence.
However, not every offense labeled “domestic violence” under Arizona law automatically qualifies as a deportable crime of domestic violence under federal immigration law. Immigration courts analyze the particular criminal statute and whether the offense qualifies as a “crime of violence” under federal law, while separately considering whether the victim had the required domestic relationship to the defendant.
Because of this, the exact offense selected in a plea agreement can be extremely important. A plea that appears minor in Arizona criminal court may still create serious immigration consequences if the immigration impact is not considered beforehand.
If you are not a U.S. citizen and your assault case has been designated as domestic violence, you should have the immigration consequences reviewed before accepting any plea agreement.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an experienced legal team to members of the Phoenix and Yuma communities. We will create a relevant strategy to achieve the best outcome for your case.
If you need an assault immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.
