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Can a Class 1 misdemeanor Assault - Domestic charge w/ injury (first offense) be reduced and, if so, to what?

Mesa, AZ |

Majority age daughter living in another state was visiting. Daughter weighs as much as father and is taller because she was wearing stiletto heals.

In a public place the daughter, with fists clenched, charged toward her father. Father, fearing he was going to be struck by daughter, held her arms just above both elbows to ensure his safety. Father tried to move daughter into a nearby secluded hallway (3 feet away) for privacy to talk with her, as he did so, she began to resist, lost her balance and started to fall down. Although Father tried to hold her up as she fell, daughter's knee may have come in contact with the floor, Daughter pressed assault charges against father.

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Attorney answers 3


Anything is possible, but the answer to your question is not so simple; it depends on many variables (the court, the prosecutor, police officer's report(s), witness/victim/defendant statements (recordings if any), etc.). The only way to get a full, adequate assessment of the case is to directly consult an attorney, etc. And you should know that it's up the police and prosecutor whether to file charges and prosecute, not the alleged victim. Even had she told the police she did not want to prosecute, they likely would have submitted the charges to the prosecutor, who likely would have filed the charges. And prosecutors generally don't dismiss simply because a victim calls and wants to dismiss.......


Cases like this typically do not get pled down. Sometimes diversion is offered. This consists of 6 months - 1 year of weekly classes domestic violence classes. May cases proceed to trial.

Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
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Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683


If the father is charged there are many outcomes to a case. In the father's case there will be many witnesses to testify that he did not commit a crime. He should get an attorney who can investigate the facts completely and give him the best defense. In Mesa, sometimes the prosecutor does not request jail time and if that is the case the person cannot get a court appointed attorney. The father should call and get a meeting with an attorney. Many firms, including mine, give brief free legal consultations.

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