Whether you are facing misdemeanor assault or felony aggravated assault charges, the consequences are serious and may be devastating.An assault occurs quite frequently under a variety of circumstances, and there are equally as many defenses.
Under Arizona law, bullying and cyberbullying are referred to as harassment and threatening or intimidating another person. James Haas, Maricopa County Public Defender, by Theresa M. He characterized his plan as “a Columbine thing.” ¶ 4 The next morning at school, Kyle approached Jennifer while she was speaking with two friends, grabbed her wrist, and told her that if she told anybody what he had said, he would kill her. According to one witness, Kyle appeared “nervous” and “[s]eemed just like he knew something was going to happen, so he was going to try to defend himself.” She and her companions then reported the incident to the school principal. After the adjudication hearing, the juvenile court dismissed the counts relating to Andrew and Deseree, but found Kyle delinquent for threatening and intimidating Jennifer. We view the evidence in the light most favorable to sustaining the adjudication. The State counters it was not required to prove that Kyle acted with intent or any other culpable mental state because A. To cause physical injury to another person or serious damage to the property of another․¶ 9 While Kyle acknowledges that A. sections 12-120.21(A)(1) (1992) and 8-235(A) (Supp.2000).¶ 2 For the reasons that follow, we hold that A. Finally, we conclude Kyle waived his challenge to the constitutionality of A. FACTUAL AND PROCEDURAL HISTORY¶ 3 During track practice in March, 2000, Kyle, a thirteenyear-old junior high school student, told Jennifer, his classmate, that he was upset because his girlfriend, Jessica, had “dumped” him the day before in order to date another classmate, Andrew. section 13-1202(A)(1) does not require the State to prove a defendant or juvenile acted with “wrongful intent,” although the State must demonstrate that the perpetrator communicated a “true threat.” We further decide the evidence sufficiently proved that Kyle voiced such a threat to his victim. section 13-1202(A)(1) because he failed to raise it to the juvenile court, and we decline to exercise our discretion to address it. We will not re-weigh the evidence, and we will only reverse on the grounds of insufficient evidence when there is a complete absence of probative facts to support a judgment or when a judgment is clearly contrary to any substantial evidence. section 13-1202(A)(1) does not require a perpetrator to act with wrongful intent, it is unconstitutionally vague and overbroad. Kyle then told Jennifer that he was going to bring a gun to school and shoot Andrew and Deseree. He was also angry because another classmate, Deseree, had thrown away a rose that he had given Jessica. Under Arizona criminal law (revised statues), assault charges range from misdemeanor assault to felony aggravated assault.The statutes for assault also include charges for endangerment and threatening. Under Arizona law, a class 3 felony offense carries with it a penalty of 5-15 years in prison for a dangerous offense, for which an aggravated assault qualifies.For example, were your actions an accident, in self defense, out of fear or in response to a perceived threat?Were the circumstances unforeseen, unexpected or unpreventable?Were your constitutional rights violated before, during, or after your arrest?