Phoenix Assault Defense Lawyer Former Felony Prosecutor
A PHOENIX ASSAULT DEFENSE LAWYER — FORMER 13-YEAR FELONY PROSECUTOR — DEFENDING YOU
If you are on this page, you are likely in one of the worst positions of your life. An assault charge in Phoenix—whether it’s a misdemeanor, aggravated felony, or a domestic violence (DV) case—is not just a legal problem. It’s a threat to your freedom, your family, your job, and your future.
The system is not on your side. The prosecutor’s only job is to secure a conviction. They have the resources of the Phoenix Police Department, the Maricopa County Sheriff’s Office, and the entire state behind them. You are outmanned and outgunned.
You need a Phoenix assault defense lawyer who knows their playbook because he used to write it as a former felony prosecutor.
📞 CALL NOW: (602) 643-5595
Free Consultation • Available 24/7 • Phoenix Assault Defense Lawyer Former Felony Prosecutor on Your Side
Who I Am: Your Strategic Advantage
My name is Jeremy Huss. For 13 years, I was an Arizona felony prosecutor. I worked in the violent crimes and major crimes divisions across Arizona’s Superior Courts. I have tried over 100 jury trials, including numerous homicides, sexual assaults, and complex aggravated assault cases.
I didn’t just handle these cases; I lived them. I know exactly how a prosecutor builds an assault case from the 911 call to the jury verdict.
And I know how to tear it down.
As your Phoenix assault defense lawyer former felony prosecutor, I bring insider knowledge that defense attorneys who never prosecuted simply cannot match. Whether you’re facing charges in Phoenix or need a comprehensive Arizona criminal defense attorney for other serious matters, my prosecutorial experience is your strategic advantage.
✓ 13 Years
Arizona Felony Prosecutor Experience
✓ 100+ Trials
Jury Trial Verdicts in Violent Crime Cases
✓ Acquittals Won
In Both Felony & Misdemeanor Assault Trials
My Training Becomes Your Defense
I have personally trained some Arizona law enforcement agencies in:
- Search and Seizure law
- DUI Investigations
- Eyewitness Identification procedures
This means I know the constitutional shortcuts police take, the errors they make in reports, and the flawed procedures they use to identify suspects—and I know how to expose it all in court.
I have obtained acquittals in both Felony Aggravated Assault trials and Misdemeanor Assault trials.
I don’t just “handle” assault cases; I win them.
Understanding Arizona Assault Laws (ARS 13-1203)
⚖️ You Can Be Convicted of Assault Without Ever Touching Anyone
Under A.R.S. § 13-1203, the prosecutor only needs to prove one of three theories to convict you.
1️⃣ Causing Physical Injury
Class 1 or 2 Misdemeanor
“Intentionally, knowingly or recklessly causing any physical injury to another person.”
What is a “Physical Injury”?
The legal standard for “injury” in Arizona is shockingly low. The law defines it as “the impairment of a physical condition.” This does not require blood, broken bones, or even a trip to the hospital.
- Examples prosecutors use: A small bruise, a red mark from a slap, a scratch, a cut lip, or even just the allegation of physical pain without any visible mark
- A victim testifying, “It hurt when he grabbed my arm,” can be enough for a jury to find a “physical injury” occurred
The Critical Element: Your Mental State (Mens Rea)
The most important part of this charge is not the injury; it’s your alleged mental state. The prosecutor must prove what you were thinking—your mens rea.
- Intentionally (Class 1 Misdemeanor): The prosecutor alleges your objective or purpose was to cause the injury. Example: You learn of an affair and drive to the person’s house in Phoenix with the goal of punching them. Your conscious objective was to cause harm.
- Knowingly (Class 1 Misdemeanor): The prosecutor alleges you were aware that your conduct would cause an injury, even if it wasn’t your primary goal. Example: During a heated argument, you shove a person away from a doorway. Your “goal” might be to leave, but you are aware that forcefully shoving someone will, at a minimum, cause pain or a bruise.
- Recklessly (Class 2 Misdemeanor): The prosecutor alleges you were aware of a substantial and unjustifiable risk that your conduct would cause an injury, and you consciously disregarded that risk. Example: In a crowded bar on Mill Avenue, you get angry and throw your empty beer bottle toward the wall. You don’t intend to hit anyone, but you are aware of the risk that it could hit someone. It does, and it causes a cut. This is a reckless assault.
2️⃣ Placing in Fear of Injury
Class 2 Misdemeanor
“Intentionally placing another person in reasonable apprehension of imminent physical injury.”
This is the “threat” theory of assault. You can be charged and convicted under this statute even if you never lay a hand on the other person.
What is “Reasonable Apprehension”?
The key is whether a “reasonable person” in the alleged victim’s position would have felt afraid of immediate harm. The victim’s subjective fear is not enough. For example, if a very frail person threatens a large bodybuilder, the apprehension may not be “reasonable.” The prosecutor must prove the victim’s fear was objective.
What is “Imminent”?
This is a critical legal word. It means “right now,” not “tomorrow” or “next week.”
- This IS assault: “I’m going to punch you in the face” while pulling your fist back.
- This is NOT assault: “If I ever see you in Phoenix again, I’m going to punch you.” This is a future threat, not an imminent one.
How This is Charged:
This charge is common in road rage incidents (e.g., getting out of your car and aggressively approaching another driver, shaking your fist) or verbal arguments that escalate (e.g., lunging at someone, raising a hand to strike, throwing a drink at someone and missing).
3️⃣ Provocative Touching
Class 3 Misdemeanor
“Knowingly touching another person with the intent to injure, insult or provoke.”
This is the broadest and, in some ways, most surprising assault charge. This law covers any touching done not to hurt someone, but to insult or provoke them.
The Act:
The “touching” can be minimal and does not require any pain or injury.
The Intent:
The entire case hinges on proving your intent. The prosecutor must prove you knowingly made the contact and that your purpose was to be insulting or provocative.
Common Examples in Phoenix:
- Spitting on someone
- Poking someone in the chest during an argument
- Grabbing someone’s arm to yell at them
- Knocking a hat off someone’s head
- Grabbing a phone or an item out of someone’s hand
- Throwing a drink on someone
🎯 A Former Prosecutor’s Insight
Proving “intent” is much harder for the state than proving mere physical contact. By attacking the mens rea element—the defendant’s mental state—we can often force a reduction in charges or even a complete dismissal if the act was purely accidental.
Like the apprehension charge, this is all about intent. An accident is a complete defense. If you stumble in a crowded bar and spill your drink on someone, you did not “knowingly” touch them with “intent to insult.” The state must prove your mental state. We defend these charges by providing context. What really happened? Often, these are mutual arguments where both parties are angry. Singling out one person for a “provocative touch” is often a misrepresentation of a chaotic, two-sided event.
Penalties for Misdemeanor Assault in Phoenix
While misdemeanors are less severe than felonies, a conviction in a Phoenix or Maricopa County court can have devastating and lasting consequences. Judges in the Phoenix Municipal Court and Maricopa County Justice Courts are not lenient on assault-related crimes.
Based on A.R.S. § 13-707 (Jail) and A.R.S. § 13-802 (Fines), the maximum statutory penalties are:
| Misdemeanor Class | Max Jail Time | Max Fine | Max Probation |
|---|---|---|---|
| Class 1 | 6 Months | $2,500 | 3 Years |
| Class 2 | 4 Months | $750 | 2 Years |
| Class 3 | 30 Days | $500 | 1 Year |
The Real Cost of a Conviction (Beyond Fines and Jail)
The statutory maximums are just the beginning. The “collateral consequences” of an assault conviction can be far worse than the immediate penalties.
⚠️ MANDATORY SURCHARGES ADD 83%
The “maximum fine” listed above is misleading. Arizona law adds mandatory surcharges to every fine. This surcharge is currently 83%.
- A $2,500 fine actually becomes $4,575
- A $750 fine actually becomes $1,372.50
- A $500 fine actually becomes $915
❌ Permanent Record
A conviction for assault makes you look violent and unstable to future employers (appears on every background check, making employment in healthcare, education, finance, government extremely difficult), landlords (may deny housing or apartment lease), professional licenses (can prevent getting or keeping licenses in nursing, real estate, teaching, law, counseling, security), and educational opportunities (some colleges deny admission or financial aid).
❌ Mandatory Counseling
The court will almost certainly order you to complete anger management or, if domestic violence is involved, 26-52 weeks of state-certified domestic violence counseling at your own expense. These programs typically cost $40-60 per session.
❌ Probation Conditions
You will be on probation for 1-3 years, which means: reporting to a probation officer monthly, paying monthly supervision fees ($65+), being subject to random searches of your home and vehicle, drug and alcohol testing, travel restrictions, and strict compliance with all laws.
❌ Immigration Risk
For non-citizens, any assault conviction—even a misdemeanor, even with diversion—creates high deportation risk. Immigration authorities can use the arrest, the admission of conduct in diversion programs, and the underlying facts against you in removal proceedings, regardless of whether you were convicted. Assault is considered a “crime involving moral turpitude” under immigration law.
❌ Firearm Restrictions (Domestic Violence)
If your assault charge is designated as “Domestic Violence,” the consequences for gun rights are severe: During Probation/Diversion (if you are on felony probation or domestic violence probation/diversion, possessing a firearm is a Class 4 felony in Arizona, even if the underlying DV offense was a misdemeanor); After Conviction – Federal Ban (a domestic violence conviction may trigger a lifetime federal firearm ban under the Lautenberg Amendment, depending on whether the specific offense meets federal definitions); Arizona CCW Permit (ANY domestic violence conviction permanently prohibits you from obtaining an Arizona concealed carry weapons permit).
What is Felony Aggravated Assault in Arizona? (A.R.S. § 13-1204)
⚠️ CRITICAL DISTINCTION
An Aggravated Assault charge is one of the most serious and aggressively prosecuted violent crimes in Phoenix. A conviction often results in a mandatory, non-negotiable prison sentence, even for a first-time offense.
This is the most important concept to understand: Aggravated Assault is NOT a separate crime. It is a Misdemeanor Assault (under § 13-1203) that is made worse by the presence of a specific “aggravating factor” listed in the statute.
The prosecutor’s case is two-fold:
- First, they must prove you committed a misdemeanor assault (Injury, Apprehension, or Provocative Touch)
- Second, they must prove that one of the factors listed in A.R.S. § 13-1204 also existed
As a former Arizona felony prosecutor who tried all types of aggravated assault cases, I know the legal nuance of every single factor, and I know how to attack the state’s evidence for each one.
Common Theories of Aggravated Assault Charged in Phoenix
While the statute lists over a dozen factors, these are the most common theories the Maricopa County Attorney’s Office uses to charge this serious felony.
🔪 Use of a “Deadly Weapon or Dangerous Instrument”
Most Common Felony Charge
- Deadly Weapon: This is something designed for lethal use. The statute is clear: it includes a firearm, a switchblade, or other “prohibited weapons.”
- Dangerous Instrument: This is the legal “catch-all” that prosecutors love to use. A dangerous instrument is any object that, under the circumstances, is readily capable of causing death or serious physical injury.
Common Examples: A car (e.g., swerving at a pedestrian, “tapping” someone’s bumper in a road rage incident), a kitchen knife, pocket knife, or box cutter, a baseball bat, tire iron, or golf club, a beer bottle (broken or whole), steel-toed boots (using them to kick someone), a rock, a brick, or even a heavy flashlight, a pen or pencil (when held to someone’s throat).
🏥 Causing “Serious Physical Injury” (SPI)
Class 3 Felony
If the state can prove the victim’s injury was not just a “physical injury” but a “serious physical injury,” the assault becomes a Class 3 Felony.
- SPI Defined: The state must prove the injury created a “reasonable risk of death,” or caused “serious and permanent disfigurement,” “serious impairment of health,” or the “protracted loss or impairment” of any organ or limb.
- Examples: A broken bone (like a femur or orbital socket), a severe stab wound requiring surgery, an injury causing permanent scarring, an injury resulting in the loss of an eye, a traumatic brain injury, or damage to internal organs.
- The Defense: The state’s case here relies heavily on medical records and expert testimony from doctors. A strong defense involves hiring our own medical expert to review the records and challenge the “serious” or “protracted” nature of the injury.
🫁 Strangulation or Impeding Breathing (A.R.S. § 13-1204(B))
Class 4 Felony
This is a specific subsection of the law, almost always charged in domestic violence cases. The law says a person commits aggravated assault by:
“Applying pressure to the throat or neck… or by obstructing the normal breathing or circulation of blood… either intentionally or knowingly, or recklessly.”
- No Injury Required: The prosecutor does not have to prove any injury. The act of impeding breathing is the crime itself.
- Evidence Used: Prosecutors are trained to build these cases even without a victim’s cooperation. They will use: 911 calls (where you can hear gasping or difficulty breathing), body camera photos of red marks on the neck (petechiae), statements from the victim like, “I couldn’t breathe” or “He choked me,” medical records noting throat tenderness or difficulty swallowing, witness observations of the defendant’s hands near the victim’s neck.
👮 Assault on a Protected Class of Victim
Class 5 or 6 Felony
If you commit a simple misdemeanor assault (even a provocative touch) on a person who is part of a “protected class,” it is automatically elevated to a felony.
The Protected Classes include: Peace Officer / Police (Class 5 when on duty), Firefighter or EMT (Class 5 when on duty), Teacher or school employee (on school grounds – Class 6), Healthcare Practitioner or nurse (while performing duties – Class 6), Prosecutor (Class 5), Public Defender (Class 5), Judicial Officer (judge, commissioner – Class 5), Code Enforcement Officer (while performing duties – Class 6).
The State’s Burden: The prosecutor must prove: (1) The person’s status (that they are, in fact, a police officer, teacher, etc.), and (2) That you knew or should have known their status at the time of the assault.
💀 Causing “Substantial Disfigurement” or “Fracture”
Class 4 Felony
This is a “catch-all” for prosecutors who can’t prove a “Serious Physical Injury” but want to charge a felony anyway. This includes:
- Temporary but Substantial Disfigurement: A severe black eye, a cut requiring stitches, a swollen and bruised face that significantly alters appearance
- Fracture: A broken nose, a broken finger, a chipped tooth, any broken bone
This is typically a Class 4 Felony (or Class 3 if certain other factors apply). The defense here is to argue the “substantial” nature of the disfigurement. Was it truly “substantial,” or was it minor and temporary? Did the fracture require surgery or just a splint?
🏠 Entering a Private Home to Commit Assault
Class 6 Felony
Unlawfully entering someone’s residence with the intent to commit assault elevates the charge to aggravated assault.
The key elements are: The entry was unlawful (you didn’t have permission to be there), and you entered with the intent to commit assault (the assault itself doesn’t have to actually occur).
This charge often appears in domestic violence situations where an ex-partner enters the home they once shared but no longer has permission to be in.
👶 Adult Assaulting a Minor Under 15
Class 6 Felony
When an adult (18 years or older) commits assault against a child under 15 years of age, it automatically becomes aggravated assault, regardless of injury severity.
The prosecution must prove: You were 18 or older at the time, the victim was under 15 years old, and you committed one of the three forms of assault under ARS 13-1203.
This charge is common in domestic situations, school-related incidents, and childcare settings.
📋 Violating an Order of Protection
Class 6 Felony
Committing assault while an Order of Protection is in effect against you elevates the charge to aggravated assault.
The prosecution must prove: A valid Order of Protection was in place, you were properly served and aware of the order, you committed assault against the protected person, and the assault violated the terms of the protective order.
This is an automatic felony enhancement even if the underlying assault would have been a Class 3 misdemeanor.
⛓️ Victim Bound or Physically Restrained
Class 6 Felony
Assaulting someone while their physical resistance is substantially impaired through physical restraint increases the severity of the charge to a Class 6 Felony.
Examples include: Handcuffing or tying someone and then striking them, holding someone down while assaulting them, assaulting someone who is already restrained by others.
The key is that the victim’s ability to defend themselves was substantially impaired by the physical restraint at the time of the assault.
🎯 A Former Prosecutor’s Insight
This “dangerous instrument” charge is highly subjective and a prime target for a strong defense. The object itself isn’t what matters; it’s how it was used. A prosecutor will argue that a pen, when held to someone’s throat, is a “dangerous instrument.” My job is to challenge this. Was it really “readily capable” of causing serious injury under the circumstances?
When I worked as an Arizona felony prosecutor, we had to make these charging decisions every day. Now, I use that insight to dismantle the state’s argument. I have won acquittals for clients by arguing to a jury that the object did not meet the legal definition of a dangerous instrument.
These are some of the most dangerous charges to face in Maricopa County. MCAO has a “no-drop” policy for most DV cases, meaning they will proceed even if the victim wants to drop charges. A conviction is a felony and creates serious firearm consequences and potential prison time.
The defense is to attack the intent and the evidence. Was the “impeding” reckless, or was it an accident during a mutual struggle? Are the red marks from choking, or are they scratches from the other person attacking you? Did the alleged victim have any difficulty breathing during or after the incident? Cross-examining the state’s “strangulation expert” (often a police officer with minimal medical training) is key to creating reasonable doubt.
The key defense here is the mens rea (mental state) and the knowledge element. Did you know the person was a cop? If an officer is in plain clothes, not in a marked car, and doesn’t identify themselves before the incident, you cannot be guilty of assaulting a “peace officer” because you didn’t know their status. We attack the “knew or should have known” element relentlessly.
The Stakes: Penalties for Aggravated Assault in Phoenix
This is where your freedom is on the line. An Aggravated Assault conviction is a felony and can carry mandatory prison time, even for a first offense.
The most important factor in your case is whether the prosecutor has designated it as a “DANGEROUS” offense.
The “Dangerous” Designation: The Most Critical Fight
⚖️ Under A.R.S. § 13-105(13)
An offense is “dangerous” if it involves:
- The discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument; OR
- The intentional or knowing infliction of serious physical injury
If your charge is found to be “dangerous,” you are NOT eligible for probation. A judge MUST sentence you to prison. There are no exceptions, no special circumstances, no first-time offender leniency. Prison is mandatory.
Sentencing for a First-Time Felony Offense in Arizona
The sentence you face depends on the Class of felony and, most importantly, whether it is “dangerous.”
Sentencing for First-Time DANGEROUS Felonies (Mandatory Prison)
| Felony Class | Minimum Prison | Presumptive Prison | Maximum Prison |
|---|---|---|---|
| Class 2 | 7 Years | 10.5 Years | 21 Years |
| Class 3 | 5 Years | 7.5 Years | 15 Years |
| Class 4 | 4 Years | 6 Years | 8 Years |
| Class 5 | 2 Years | 3 Years | 4 Years |
| Class 6 | 1.5 Years | 2.25 Years | 3 Years |
This prison time is “day-for-day,” meaning you are not eligible for early release until at least 85% of the sentence is served.
Sentencing for First-Time NON-DANGEROUS Felonies (Probation Eligible)
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 Years | 4 Years | 5 Years | 10 Years | 12.5 Years |
| Class 3 | 2 Years | 2.5 Years | 3.5 Years | 7 Years | 8.75 Years |
| Class 4 | 1 Year | 1.5 Years | 2.5 Years | 3 Years | 3.75 Years |
| Class 5 | 0.5 Years | 0.75 Years | 1.5 Years | 2 Years | 2.5 Years |
| Class 6 | 0.33 Years | 0.5 Years | 1 Year | 1.5 Years | 2 Years |
While these are “probation eligible,” the judge can still sentence you to prison at the presumptive term or higher.
🎯 A Former Prosecutor’s Insight
The single most important battle in an aggravated assault case is defeating the “dangerous” allegation. This is my primary focus from day one. If we can convince a jury that the object used was not a “dangerous instrument” or that the injury was not “serious physical injury” under the legal definition, the case changes instantly. It moves from a mandatory prison sentence to a probation-eligible offense.
This is the difference between your freedom and a decade in prison. I have won acquittals for clients by defeating this exact element at trial.
The Domestic Violence Designation: How It Changes Everything
🏠 NOT a Separate Crime—But Changes Everything
If your assault charge—whether misdemeanor or felony—involves a victim who is a family member, household member, romantic partner, or person with whom you share a child, the prosecutor will add a “Domestic Violence” designation to the charge under A.R.S. § 13-3601.
This is not a separate crime. It is an enhancement based solely on the relationship between you and the alleged victim. However, this designation triggers consequences that are often more severe and longer-lasting than the underlying criminal penalties. You can read more about domestic violence charges and defenses here.
Who Qualifies as a “Domestic Relationship”?
A crime receives the domestic violence designation when the alleged victim falls into one of these relationship categories:
- Current or former spouse
- Person living or who has lived in the same household (roommates, cohabitants)
- Blood relative (parent, child, sibling, grandparent, aunt, uncle, cousin)
- Person with whom the defendant has a child in common (co-parents)
- Person in a current or former romantic or sexual relationship
The romantic or sexual relationship category requires judicial analysis. Arizona courts consider several factors when determining whether a romantic or sexual relationship existed: the type and nature of the relationship, the length of the relationship, the frequency of interaction between the parties, and the time elapsed since the relationship terminated.
Critically, the relationship is evaluated at the time of the alleged offense. A relationship that ended years ago may not qualify for the domestic violence designation, depending on the specific circumstances.
Critical Consequences of the DV Designation
1. Firearm Restrictions – The Most Severe Impact
The domestic violence designation creates immediate and potentially permanent firearm consequences that do not apply to non-DV assault cases:
- During Probation/Diversion: If you are on felony probation or domestic violence probation/diversion (even for a misdemeanor DV offense), possessing a firearm is a Class 4 felony in Arizona under ARS 13-3101.
Important Distinction: If you are on probation for a non-DV misdemeanor, you generally retain firearm rights unless probation conditions specifically prohibit it. The automatic firearm prohibition applies specifically to felony probation and DV-designated probation/diversion.
- After Conviction – Federal Ban: A domestic violence conviction may trigger a lifetime federal firearm ban under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), depending on whether the specific offense meets federal definitions:
The federal statute prohibits firearm possession for those convicted of a “misdemeanor crime of domestic violence,” which requires:
- A misdemeanor conviction
- The offense has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon
- The offense was committed against a person in a qualifying domestic relationship
Key Point: Not every DV conviction automatically triggers the Lautenberg Amendment. For example:
- Class 1 misdemeanor assault (intentionally causing physical injury) likely triggers the federal ban
- Class 3 misdemeanor assault (touching to injure, insult, or provoke) may not trigger the ban in some circuits
- The application requires case-by-case analysis of the specific offense elements
Even if a conviction doesn’t technically trigger the Lautenberg Amendment, the complexity of determining applicability means any DV conviction creates substantial risk of federal firearm prohibition.
- Arizona CCW Permit: ANY domestic violence conviction—regardless of classification or specific offense elements—permanently prohibits you from obtaining an Arizona concealed carry weapons (CCW) permit. This state-level prohibition applies even to Class 3 misdemeanor DV convictions that might not trigger the federal Lautenberg Amendment.
2. Mandatory Domestic Violence Treatment
Arizona requires anyone convicted of a domestic violence offense to complete a state-certified Domestic Violence Offender Treatment Program as a condition of probation.
Treatment requirements:
- First DV offense: Minimum 26 sessions (each lasting 50+ minutes)
- Second DV offense: Minimum 36 sessions
- Third DV offense: Minimum 52 sessions
These programs cannot be substituted with anger management classes, couples counseling, individual therapy, or any other treatment option. The program must be completed through a state-certified DV treatment provider, and completion is mandatory for probation. Sessions typically cost $40-60 each, meaning a first offense costs $1,040-1,560 out of your pocket.
For non-DV assault cases, courts typically require anger management classes or general counseling, which involve fewer sessions (typically 8-16 weeks) and more flexible treatment options.
3. Aggravated Domestic Violence – Arizona’s “Three Strikes” Rule
⚠️ AGGRAVATED DOMESTIC VIOLENCE: “Three Strikes” Rule
Arizona’s aggravated domestic violence statute (ARS 13-3601.02) creates what’s commonly called the “three strikes” rule for domestic violence offenses.
How the three strikes rule works:
If you have two prior domestic violence convictions or findings of guilt within the past 84 months (7 years), a third domestic violence offense—regardless of the severity of that third offense—automatically becomes a Class 5 felony with a mandatory minimum prison sentence.
Example scenario:
- Incident 1 (January 2020): Class 1 misdemeanor DV (pushing spouse during argument) – probation
- Incident 2 (June 2022): Class 1 misdemeanor DV (throwing object near spouse) – probation
- Incident 3 (March 2025): Any DV offense, even Class 3 misdemeanor (unwanted touching)
Because Incident 3 occurs within 84 months of the first two convictions, it automatically elevates to a Class 5 Felony Aggravated Domestic Violence charge.
Mandatory minimum sentence:
The aggravated domestic violence statute requires a mandatory minimum sentence of 4 months in prison that cannot be suspended, cannot be converted to probation only, cannot be pardoned or commuted until the minimum is served, and does not allow early release until the 4-month minimum is completed.
This mandatory minimum applies even when all three underlying offenses would otherwise be misdemeanors. The law does not require that the third offense be “more serious” than the prior two—any DV offense triggers the felony enhancement.
For non-DV assault cases, three separate simple assaults remain three separate misdemeanors, with no automatic felony enhancement based on repetition alone.
Additional critical DV consequences include protective orders with immediate firearm restrictions and no-contact provisions, family court ramifications creating presumptions against custody and supervised visitation requirements, severe immigration consequences with high deportation risk even without conviction, and employment and professional licensing impacts particularly in healthcare, education, law enforcement, and social work fields.
Building Your Defense: How a Former Prosecutor Fights an Assault Charge
1. Attacking the “Aggravated” Element (The “Over-File” Defense)
This is one of the most common and effective defenses in felony assault cases. Prosecutors in Maricopa County are notorious for “over-charging”—taking a simple misdemeanor fight and trying to stack on felony charges to pressure you into pleading guilty.
The Fight: We argue this is not a felony.
Our Argument: “My client may be guilty of a simple misdemeanor assault, but this was not a ‘dangerous instrument.’ That beer bottle was never used in a way that was capable of causing serious injury—it was thrown and missed. The mere presence of an object doesn’t make it a dangerous instrument.” OR “The victim’s injury was a cut requiring three stitches, not a ‘serious physical injury’ under the legal definition. There was no reasonable risk of death, no permanent disfigurement, and no protracted impairment. The state has not met its burden for the felony charge.”
The Result: This strategy aims to get the felony charges dismissed entirely or reduced to a misdemeanor, which is a massive victory. The difference between a Class 4 felony and a Class 1 misdemeanor can be the difference between mandatory prison time and probation, between a permanent felony record and a misdemeanor that can potentially be set aside.
2. Self-Defense Under Arizona Law – The Most Powerful Defense
Arizona’s self-defense law provides one of the most viable defenses in assault cases. Understanding the specific legal requirements and how courts analyze self-defense claims is essential.
Basic Self-Defense Standard (ARS 13-404): A person is justified in threatening or using physical force against another when, and to the extent, a reasonable person would believe that physical force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful physical force.
Key elements: (1) Reasonable Belief of Threat – evaluated from the perspective of a reasonable person in your position at the time, not with hindsight; (2) Immediacy Requirement – the threat must be immediate or imminent, not future harm or retaliation for past conduct; (3) Proportionality of Response – force must be proportional to the threat, deadly force only for deadly force threats; (4) No Duty to Retreat – Arizona does not impose a duty to retreat before using defensive force under ARS 13-405.
Defense of Third Persons (ARS 13-406): Arizona law extends self-defense principles to situations where you use force to protect another person. The same requirements apply—reasonable belief, immediacy, and proportionality. You “stand in the shoes” of the person you’re defending.
Burden of proof: Once self-defense is properly raised, the prosecution must disprove self-defense beyond a reasonable doubt. This is a huge advantage—the burden shifts to the state.
3. Constitutional Defenses (Attacking the Police Work)
If the police violated your constitutional rights during the investigation, arrest, or evidence collection, we can suppress that evidence or potentially get the entire case dismissed.
Illegal Search and Seizure (4th Amendment): Police search your vehicle without warrant/probable cause/consent, search your home without warrant or valid exception, seize evidence without proper legal justification, or conduct Terry stop without reasonable suspicion.
Miranda Violations (5th Amendment): If police questioned you in custody without Miranda warnings, or continued after you invoked rights, statements may be suppressible.
Unlawful Arrest: When police lacked probable cause to arrest you, we challenge the arrest’s legality and suppress evidence from that unlawful arrest.
4. Mistaken Identification
Eyewitness memory is one of the most unreliable forms of evidence in a courtroom, yet it remains one of the most persuasive to juries.
Factors that affect eyewitness reliability: Poor lighting conditions, brief exposure time, high stress during incident, cross-racial identification, weapon focus, intoxication of witness, distance and angle of observation.
Flawed Police Procedures: Phoenix PD officers are supposed to follow strict, constitutional procedures for identification, including double-blind photo lineups, proper live lineups, and limited use of show-ups only shortly after the crime.
The “Show-Up” Problem: A “show-up” is when police detain a suspect near the scene and bring the victim to them, asking, “Is this the guy?” This is an incredibly suggestive procedure.
5. Lack of Culpable Mental State (Mens Rea)
The state must prove, beyond a reasonable doubt, that you acted with the required mental state—”Intentionally,” “Knowingly,” or “Recklessly” depending on the charge.
The “Accident” Defense: This is a complete defense to assault charges that require intent or knowledge. If you were in a mutual scuffle and the other person fell and broke their arm during the struggle, you did not “intentionally” or “knowingly” cause that specific injury.
Challenging the Mental State Classification: Proving your mental state can be the difference between a conviction and an acquittal. Was the conduct truly “intentional,” or was it “reckless” or even accidental?
6. False Allegations
Domestic violence cases and “he-said, she-said” assault cases frequently involve false allegations motivated by ulterior motives.
Common motivations: Custody disputes, divorce proceedings, revenge for infidelity or relationship termination, desire to obtain Order of Protection, immigration benefits.
How we prove false allegations: Investigating accuser’s motivation, documenting timeline, exposing inconsistencies in statements, showing lack of corroborating physical evidence, obtaining witness statements, gathering your evidence (texts, emails, surveillance video).
7. Insufficient Evidence
The state bears the burden of proving guilt beyond a reasonable doubt—the highest burden of proof in American law.
Common scenarios: No independent witnesses, conflicting accounts, lack of physical evidence, absence of injury consistent with allegations, inconsistent statements.
We don’t have to prove your innocence. We only have to create reasonable doubt about your guilt.
8. Mutual Combat
When both parties voluntarily engaged in a fight with mutual willingness to participate, courts sometimes reduce or dismiss charges—particularly when both parties suffered injuries and shared culpability.
Elements: Both parties agreed to fight, both had opportunity to walk away but chose to engage, both threw punches or used force, the fight was relatively balanced.
9. Additional Defenses
Defense of Property (ARS 13-408): Limited use of physical force to prevent theft, criminal damage, or trespass.
Procedural Defenses: Challenge probable cause for arrest, suppress evidence, impeach witness credibility, expose police report inconsistencies.
Mitigation Strategies: Reduce felony to misdemeanor, reduce aggravated to simple assault, secure diversion programs, negotiate plea agreements.
🎯 A Former Prosecutor’s Insight
This is where my experience training law enforcement agencies on Eyewitness Identification procedures becomes your single greatest asset. I know the exact procedures police are required to follow under Arizona law and constitutional due process requirements. I know the factors courts must consider when evaluating identification reliability. I will depose the officer who conducted the identification and cross-examine them on every mistake they made. I will file Motions to Suppress the identification, arguing that it was so “unduly suggestive” that it violated your due process rights and tainted the entire case. I have gotten identifications thrown out using this exact strategy.
Having prosecuted hundreds of assault cases, I know how prosecutors analyze self-defense claims, which facts they focus on to undermine the defense, and what evidence most effectively establishes justification. This experience allows me to identify the strongest self-defense theory, anticipate prosecution arguments, present self-defense in the most compelling way to judges and juries, recognize when self-defense should be raised versus alternative defenses, gather and preserve critical evidence, cross-examine witnesses to expose inconsistencies, and work with investigators and experts to reconstruct the scene.
I have won acquittals in assault trials using self-defense. I know what works.
Common Assault Scenarios in Phoenix
Assault charges arise in diverse contexts throughout Phoenix and Maricopa County. Understanding common scenarios helps identify potential defenses. These cases often intersect with other areas of criminal defense, including drug crimes and DUI cases.
🍺 Bar Fights and Nightlife Incidents
Alcohol-fueled altercations at Old Town Scottsdale bars, downtown Phoenix nightclubs, Mill Avenue in Tempe, or Westgate Entertainment District frequently result in mutual combat situations where both parties share responsibility, yet prosecutors often charge only one party—usually the person who wasn’t injured or who didn’t call police first.
Common issues: Unreliable eyewitness testimony due to intoxication, poor lighting, and chaos; surveillance video that contradicts witness accounts; both parties were intoxicated and aggressive; mutual combat where both parties willingly engaged.
🚗 Road Rage Confrontations
Arizona’s aggressive driving culture and increasing traffic congestion on Interstate 10, Loop 101, and Loop 202 lead to confrontations that escalate into assault charges, often based solely on one party’s account without independent witnesses.
Common issues: “He said, she said” with no witnesses; dash cam or surveillance footage is critical; vehicular assault allegations (using car as dangerous instrument); proportionality questions.
🏠 Domestic Disputes
Arguments between spouses, partners, or household members that allegedly become physical trigger domestic violence assault charges with all the enhanced consequences.
Common issues: False allegations motivated by custody or divorce; mutual combat where both parties were physical; exaggerated or fabricated injuries; no independent witnesses; 911 calls that may help or hurt.
⚖️ Self-Defense Situations
Legitimate self-defense scenarios where you protected yourself from an aggressor, but police arrested you based on who appeared more injured, who called 911 first, or who was calmer when police arrived.
Common issues: Victim/aggressor role reversal; police assume the injured party is the victim; lack of visible injuries on defendant creates false impression; witnesses who only saw defendant’s defensive actions.
🚔 Assault During DUI Arrest
Allegations that you assaulted a police officer during a DUI investigation or arrest, frequently based on minimal or unintentional contact during handcuffing, field sobriety tests, or transport. These cases are particularly common in underage DUI situations where young defendants panic during arrest.
Common issues: Resisting arrest vs. passive resistance vs. accidental contact; officer’s interpretation of your movements; body camera footage is critical; intoxication level affects intent and knowledge.
💊 Drug Crime Assaults
Assault charges combined with drug possession or trafficking allegations.
Common issues: Multiple charge defense strategy needed; evidence suppression opportunities; constitutional violations during search and seizure.
🏅 Sports Altercations
Recreational league games, youth sports events, gym confrontations, and pickup basketball games where competitive tensions boil over into physical contact that one party characterizes as assault.
Common issues: Mutual combat in context of competitive sports; consent to physical contact inherent in contact sports; proportionality; heat of the moment reactions vs. calculated attacks.
💼 Workplace Conflicts
Confrontations between coworkers or with supervisors that allegedly cross the line into assault, often involving minimal or no actual injury.
Common issues: Workplace surveillance video critical; witness statements from other employees; HR involvement and documentation; employment retaliation motivations.
🎭 False Accusations
Fabricated assault allegations motivated by custody disputes, revenge, attempts to gain advantage in divorce proceedings, immigration benefits, or to support Orders of Protection.
Common issues: Timeline of allegations coincides with custody dispute or divorce filing; lack of medical treatment despite alleged injuries; inconsistent statements; text messages or social media showing normal relationship after alleged assault.
The Phoenix Court Process: What to Expect
Understanding the criminal process helps you make informed decisions about your case and reduces anxiety about the unknown.
Step-by-Step Court Process
1. Arrest and Booking: Following arrest for assault, you’ll be transported to a Maricopa County jail facility (typically the 4th Avenue Jail in Phoenix or a nearby police precinct) for booking: photographs (mugshots), fingerprints, background check, warrant check, processing into jail system. The booking process typically takes 2-6 hours depending on how busy the facility is.
2. Initial Appearance: Within 24 hours of arrest (excluding weekends and holidays), you’ll appear before a judge who: informs you of the charges against you, informs you of your constitutional rights, sets release conditions (own recognizance, bond amount, or no bond), may issue protective orders in DV cases, appoints counsel if you’re indigent.
3. Arraignment: For misdemeanor cases, arraignment may occur at the initial appearance. For felonies, arraignment occurs after the preliminary hearing. At arraignment, you enter a plea of guilty, not guilty, or no contest; receive formal charging documents; and schedule future court dates. You should ALWAYS plead “not guilty” at arraignment, even if you believe you’re guilty.
4. Pretrial Conferences: Both misdemeanor and felony cases involve pretrial conferences (also called “status conferences” or “resolution conferences”) where your attorney receives discovery, negotiates with prosecutors, discusses evidence and potential defenses, and discussions occur about possible plea agreements. Most cases have multiple pretrial conferences spanning several months.
5. Preliminary Hearing (Felonies Only): In felony cases, you have the right to a preliminary hearing within 10 days (if in custody) or 20 days (if out of custody). At this hearing, the state must demonstrate probable cause that you committed the charged offense—a much lower standard than “beyond a reasonable doubt.” Many defendants waive the preliminary hearing to get additional time for negotiations.
6. Motion Hearings: Your attorney may file various pretrial motions (Motion to Suppress Evidence, Motion to Dismiss, Motion for Bill of Particulars, Motion to Sever Charges, Motion in Limine). Motion hearings involve legal arguments and sometimes witness testimony. Successful motions can result in dismissal of charges or suppression of key evidence.
7. Trial vs. Plea Negotiation: Most assault cases resolve through plea negotiations rather than trial. However, when the evidence supports acquittal or when plea offers are unacceptable, trial becomes the appropriate path. Jury trials typically last 1-5 days depending on complexity.
8. Sentencing: If convicted after trial or pursuant to a plea agreement, the court imposes sentence based on statutory sentencing ranges, aggravating and mitigating factors, victim impact statements, pre-sentence report, and recommendations from both prosecution and defense. Sentencing typically occurs 30-60 days after conviction.
9. Post-Conviction Options: After conviction, you may have options for appeal, motion for new trial, motion to set aside conviction, sentence modification, or restoration of civil rights.
Court Locations in Maricopa County
Phoenix Municipal Court
300 W. Washington Street
Phoenix, AZ 85003
Phone: (602) 262-6421
Handles: Misdemeanor offenses occurring within Phoenix city limits
Maricopa County Superior Court
201 W. Jefferson Street
Phoenix, AZ 85003
Phone: (602) 506-3204
Handles: Felony offenses and some misdemeanors countywide
Average timelines:
- Misdemeanor cases: 3-6 months from arrest to resolution
- Felony cases: 6-12 months from arrest to resolution
- Cases going to trial: 12-18 months or longer
These timelines can be shorter if early plea agreements are reached, or longer if cases involve multiple continuances, complex legal issues, or trial preparation.
Frequently Asked Questions About Assault Charges in Phoenix
❓ Can I be charged with assault if I didn’t touch anyone?
Yes. Under ARS 13-1203(A)(2), Arizona law allows Class 2 misdemeanor assault charges for intentionally placing someone in reasonable apprehension of imminent physical injury, even without physical contact. Threatening gestures, aggressive movements toward someone, raising a fist in a threatening manner, or actions that cause another person to reasonably believe they’re about to be struck can constitute assault without any touching occurring.
❓ What’s the difference between simple assault and aggravated assault?
Simple assault is a misdemeanor involving causing injury, creating apprehension of injury, or provocative touching under ARS 13-1203. Aggravated assault is a felony under ARS 13-1204 that occurs when specific aggravating factors are present—serious physical injury, use of a deadly weapon or dangerous instrument, restraint of the victim, substantial disfigurement or fractures, entering someone’s home to commit assault, assaulting protected persons like police officers or teachers, adults assaulting minors under 15, violating protective orders, or strangulation when a domestic relationship exists.
❓ Will I go to jail for a first-time assault charge?
Not necessarily. First-time assault offenders, particularly for misdemeanor charges, often receive probation rather than jail time—especially when mitigating factors exist and the offense didn’t involve serious injury or a weapon. However, outcomes depend on the specific facts, the classification of the charge, whether domestic violence designation applies, your criminal history, and the jurisdiction where you’re charged. Some prosecutors and judges are more lenient with first offenders than others. For aggravated assault charges designated as “dangerous,” mandatory prison time applies even for first-time offenders.
❓ How does domestic violence designation affect my assault case?
The domestic violence designation adds significant consequences beyond the base criminal penalties. If you’re on felony probation or DV probation/diversion, possessing a firearm is a Class 4 felony. Any DV conviction may trigger lifetime federal firearm ban under the Lautenberg Amendment (depending on specific offense elements), permanently prohibits obtaining an Arizona CCW permit, requires mandatory 26-52 sessions of state-certified domestic violence treatment (not substitutable with anger management or other counseling), creates risk of protective orders with firearm restrictions and residence exclusion, makes a third offense within 84 months an automatic Class 5 felony with mandatory 4 months minimum prison time, significantly affects child custody and visitation in family court proceedings, and creates serious immigration consequences including high deportation risk even with diversion programs or cases that don’t result in conviction.
❓ Can I claim self-defense in Arizona?
Yes. Arizona’s self-defense law (ARS 13-404) allows you to use reasonable physical force to protect yourself when you reasonably believe it’s immediately necessary to defend against another person’s use or attempted use of unlawful physical force. Arizona does not impose a duty to retreat before using defensive force—you have no obligation to attempt escape even if safely possible. The force you use must be proportional to the threat. Self-defense generally doesn’t apply if you were the initial aggressor, though exceptions exist if you clearly withdrew from the confrontation or if the other person responded with disproportionate force. Verbal provocation alone never justifies physical force, and your verbal statements generally don’t eliminate your self-defense rights. Once self-defense is properly raised, the burden shifts to the prosecutor to disprove self-defense beyond a reasonable doubt.
❓ What if the alleged victim doesn’t want to press charges?
The prosecutor, not the alleged victim, decides whether to file and pursue charges. In domestic violence cases particularly, prosecutors often proceed even when victims don’t want to press charges or attempt to recant their statements. This is due to Maricopa County’s “no-drop” policy for most DV cases, and prosecutors can proceed with a trial even without the victim’s cooperation. While victim cooperation makes prosecution easier, prosecutors can subpoena reluctant victims to testify under oath and may proceed based on other evidence—police observations at the scene, 911 recordings (which capture real-time statements and background sounds), photographs of injuries taken by officers, medical records, witness statements from neighbors or bystanders, or defendant’s own statements to police. However, victim recantation or non-cooperation can create significant opportunities for negotiated dismissals or favorable plea agreements, as prosecutors know that juries are less likely to convict when the alleged victim testifies that the incident didn’t happen as originally reported or refuses to cooperate with prosecution.
❓ Will an assault conviction affect my gun rights?
Yes, but it depends on several factors. For non-DV misdemeanor assault, you generally retain firearm rights unless you’re on felony probation. For domestic violence assault, the restrictions are severe: (1) you cannot possess firearms during felony probation or any DV probation/diversion period—possession during this time is a Class 4 felony in Arizona; (2) any DV conviction permanently prohibits obtaining an Arizona CCW permit regardless of other factors; (3) DV convictions may trigger lifetime federal firearm ban under the Lautenberg Amendment depending on whether the specific offense meets federal definitions (the offense must have as an element the “use or attempted use of physical force” or “threatened use of a deadly weapon”)—this requires case-by-case analysis and is NOT automatic for all DV convictions. For any felony assault conviction (DV or non-DV), federal and state firearm prohibitions apply during your sentence, though rights may be potentially restorable after sentence completion through specific legal processes under Arizona law.
❓ Can assault charges be reduced or dismissed?
Yes, through several mechanisms. Constitutional violations (illegal searches, Miranda violations, unlawful arrests) can result in suppression of evidence or dismissal of charges. Insufficient evidence to prove guilt beyond reasonable doubt can lead to dismissal at preliminary hearing or acquittal at trial. Successful self-defense claims result in acquittal since the conduct was legally justified. Lack of intent for charges requiring specific mental states (intentional or knowing) can reduce or dismiss charges when the evidence shows accident or recklessness. First-time offender diversion programs may result in dismissal upon successful completion of program requirements. Plea negotiations can reduce felonies to misdemeanors (by challenging the “dangerous” designation or aggravating factors) or reduce charge classifications (Class 1 to Class 2 misdemeanor). Victim recantation or non-cooperation sometimes supports dismissals, particularly in domestic violence cases where the victim’s testimony is essential to the prosecution’s case and the victim refuses to testify or testifies inconsistently with their initial statements.
❓ Should I talk to police if I’m accused of assault?
No. Exercise your Fifth Amendment right to remain silent. Politely decline to answer questions and clearly request an attorney. Statements you make to police—even if you believe they exonerate you—frequently hurt more than help. Police are trained interrogators seeking incriminating statements, and they’re very good at it. Even “explanatory” statements can be taken out of context, misremembered in police reports, or used against you in ways you didn’t anticipate. Officers often minimize the seriousness of charges (“just tell us your side and we can clear this up”) to encourage you to talk without an attorney present. They may suggest that remaining silent makes you look guilty, but juries are instructed that silence cannot be used as evidence of guilt. The only safe approach: remain silent, request an attorney, and make no statements to law enforcement. Your attorney can later decide if any statement would be beneficial, and can control how and when that statement is made.
❓ Will an assault charge affect my immigration status even if I’m in a diversion program?
Non-citizens face high deportation risk for both felony aggravated assault and misdemeanor assault charges—even when enrolled in diversion programs or when cases don’t result in conviction. Immigration authorities can use arrest records, admission of conduct in diversion programs (where you typically must admit the factual basis of the charges to enter the program), and underlying facts as evidence in removal proceedings, regardless of the criminal case outcome. Assault offenses are considered “crimes involving moral turpitude” under immigration law, and domestic violence assaults can trigger additional grounds of inadmissibility and deportation. The immigration consequences apply even if criminal charges are ultimately dismissed after successful diversion completion. Any non-citizen facing assault charges should immediately consult with both criminal defense counsel and an immigration attorney before accepting any case resolution, including diversion programs that might seem favorable in criminal court but create devastating immigration consequences.
Your Defense Starts Now. Your Freedom is at Stake.
⏰ The Prosecutor is Already Building Their Case Against You
Every day you wait is a day the state gets stronger.
Police reports are being finalized. Witnesses are being interviewed. Evidence is being collected and preserved. Medical records are being subpoenaed. 911 calls are being transcribed. Body camera footage is being reviewed.
Do not make the mistake of thinking this will just “go away.” Do not talk to the police. Do not try to “explain your side of the story.” You are in the jurisdiction of one of the most aggressive prosecuting agencies in America—the Maricopa County Attorney’s Office.
Why Hiring a Phoenix Assault Defense Lawyer Former Felony Prosecutor Matters
✓ I Know How Prosecutors Evaluate Cases
13 years prosecuting violent crimes means I know exactly what evidence prosecutors need and where they commonly fall short. I know the internal policies and priorities of the Maricopa County Attorney’s Office. I know which prosecutors are reasonable and which are inflexible. I know what judges expect and what arguments resonate in Maricopa County courtrooms.
✓ I Trained Law Enforcement on Proper Procedures
Personal training of Arizona law enforcement agencies on Search & Seizure, DUI Investigations, and Eyewitness Identification means I know exactly what officers are supposed to do—and I know where they commonly cut corners. I will meticulously review every second of body camera footage, every line of the police report, and every piece of evidence collection documentation. If I find a violation, I will file aggressive Motions to Suppress Evidence.
✓ I Know What Wins Trials
Having tried over 100 jury trials in Arizona, I know what wins in Maricopa County courtrooms. I know how to cross-examine police officers because I trained some of them on proper procedures. I know what arguments resonate with Arizona juries and what falls flat. I didn’t just handle assault cases as a prosecutor—I lived them, breathed them, mastered them.
✓ I Have Won Acquittals in Assault Trials
NOT GUILTY verdicts in both felony aggravated assault trials and misdemeanor assault trials as a defense attorney. I don’t just handle cases—I win them. My experience as a former 13-year Arizona felony prosecutor gives you advantages other defense attorneys cannot provide.
Contact Your Phoenix Assault Defense Lawyer Former Felony Prosecutor Today
📞 CALL NOW: (602) 643-5595
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✓ Available 24/7
✓ Phoenix Assault Defense Lawyer Former Felony Prosecutor on Your Side
✓ Offices in Tempe & Phoenix
Serving All of Maricopa County: Phoenix • Scottsdale • Tempe • Mesa • Chandler • Gilbert • Glendale • Peoria • Surprise • Avondale • Goodyear • Buckeye
Don’t let an assault charge destroy your future. Don’t let a prosecutor with unlimited resources steamroll you into a conviction. Don’t let police errors and constitutional violations go unchallenged.
Call now to discuss your case and defense options with a Phoenix assault defense lawyer former felony prosecutor who understands assault prosecutions from both sides of the courtroom—and who has the trial experience to fight for you when it matters most.
Your freedom depends on the decisions you make right now.
Make the right one. Call (602) 643-5595
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