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assult on the person you had no intention of assulting as they jumped in the middle of a fight and were hit accidently and pressed charges
Asked on June 30, 2009 under Criminal Law, Arizona
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
13-1203. Assault; classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
At the very minimum, your accuser can claim "reckless" assault; you will argue that the alleged assault was accidental. If there was no injury inflicted that will stregnthen your case, at least with respect to a claim of reckless assault.
You are going to need to consult with a criminal attorney in your area.
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