Brittney Griner first shot to stardom as the top pick in the 2013 WNBA draft for the Phoenix Mercury. She won two gold medals competing for the United States in the Summer Olympics. But she garnered more of the public’s attention- and vitriol- due to her basketball career in Russia. In 2022, Griner was traveling to Russia to play for their basketball league during the WNBA’s off season. She was caught accused of carrying less than 1 gram of marijuana in her bag and eventually sentenced to 9 years in prison. President Joe Biden intervened, and it led to a prisoner swap for Viktor Bout, an arms dealer and war criminal Russia was eager to see released from American prison. Some were surprised to see the President take such drastic action to bring her home, especially considering her criminal record. Griner, along with partner and fellow WNBA player Glory Johnson, were both arrested in Phoenix in 2015 for assault and disorderly conduct.

Arizona Revised Statutes Section 13-1203: Assault

Assault is set forth in Arizona by A.R.S. § 13-1203. There are three definitions of assault:

1. Intentionally, knowingly, or recklessly causing any physical injury to another person;
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; and
3. Knowingly touching another person with the intent to injure or provoke. 

Violation of the first section is a class 1 misdemeanor, of the second section is a class 2 misdemeanor, and of the third section is a class 3 misdemeanor. Some states differentiate between assault and battery, but the definition of assault in Arizona encompasses both crimes. Certain factors can elevate assault to aggravated assault, which is a felony. These factors can be found in A.R.S. § 13-1204. 

In Arizona, a misdemeanor conviction is punishable by up to 6 months in jail. Depending on the circumstances, the defendant could be ordered to pay fines of several hundred to a few thousand dollars. The defendant could also be ordered to complete probation and community service. While having a misdemeanor on one’s criminal record is never a good thing, having a felony conviction is worse. A defendant convicted of a felony offense could spend months or years in prison, face significant fines and probation, and even lose some civil rights after being released from incarceration. It can be difficult to find a job or an apartment after being convicted of a felony. If you want to improve your chances of avoiding these types of consequences from an assault charge in Arizona, you need an experienced criminal defender from a reputable law firm. Start your search with a leading choice for skilled defenders and free initial consultations in Arizona. Call 480-833-8000 for your free consultation with My AZ Lawyers today. 

Arizona Revised Statutes Section 13-2904: Disorderly Conduct

Disorderly conduct is defined and classified in Arizona by A.R.S. § 13-2904. When acting with knowledge or intent, there are 6 ways someone can commit disorderly conduct in Arizona. They are:

1. Engaging in fighting, violence, or seriously disruptive behavior;
2. Making unreasonable noise;
3. Using abusive or offensive language or gestures in a manner likely to provoke immediate physical retaliation;
4. Making any protracted commotion or display with the intent to prevent a lawful gathering;
5. Refusing to obey a lawful order to disperse in an emergency hazard situation; and
6. Recklessly handling, displaying or discharging a deadly weapon or dangerous instrument

The first 5 violations of § 13-2904 are considered class 1 misdemeanors, while a violation of the 6th factor is a class 6 felony. A wide variety of conduct meets the definition of disorderly conduct in Arizona. It could apply to a couple fighting in public, or someone who is heavily intoxicated and causing a scene. It could apply to a protestor, or to a driver caught in a fit of road rage. Its broad definition also means that it could be charged as an offense in addition to other criminal offenses, such as assault. Even at the misdemeanor level, stacked offenses could add up to a lengthy jail sentence. Attacking each charge individually can help weaken the prosecution’s case against you. Start strategizing your defense case as soon as possible with an experienced Arizona criminal defense attorney- call 480-833-8000 for your free consultation today. 

Arguing Self-Defense Against Assault Charges

Certain conduct could be classified as assault when unprovoked, but self-defense under other circumstances. If the defendant can provide evidence that they were fighting back against the other party, who was the instigator, they should not be found liable for assault. The justification of self-defense is defined in Arizona by A.R.S. 13-404. A person can threaten or use physical force to the extent necessary to protect against another person’s unlawful use of physical force. There are three exceptions when self-defense is not justified. First, verbal provocation alone is not justification for threat or use of physical force. Second, there is a self-defense exception for someone being placed under arrest by a law enforcement officer. The third is if the initial aggressor withdraws from the encounter or announces intent to do so. In these three scenarios, the defendant will not be excused from assault charges due to self-defense. 

In this day and age, it’s common for there to be cameras around to capture footage of assault incidents. In public, security cameras inside and outside business establishments can be reviewed for evidence of self-defense. In a neighborhood setting, some houses may have Ring cameras to capture these types of events. You might even be able to find dash cam footage of the incident if it occurred in the vicinity of a vehicle. If the other party physically attacked you, take pictures of your injuries and seek medical treatment so they can be documented. You should also take pictures of any property damage that occurred as a result of the assault. If you plan to rely on self-defense as your defense strategy for assault and similar criminal offenses, you should work swiftly to gather evidence sooner rather than later, before it is lost. 

Have you been caught up in the unfortunate situation of facing criminal charges after defending yourself from harm? Let our skilled Arizona defense team review your case to assess the best legal strategies to use. Call 480-833-8000 for your free consultation with a dedicated member of My AZ Lawyers. 

Looking To Fight Back Against Criminal Charges In Arizona? Contact My AZ Lawyers For Your Free Consultation. 

There is no presidential pardon coming to get Brittney Griner out of this legal situation- she will need to defend against the charges, just like any other person arrested for assault and disorderly conduct in Arizona. You don’t have to be a professional athlete or an Olympian to deserve high-quality legal representation from a skilled private defense attorney. If you are charged with misdemeanor offenses like assault and disorderly conduct in Arizona, you will be assigned a public defender. But if you feel like you can’t depend on your public defender, you have the right to retain your own choice of legal counsel. My AZ Lawyers has a team that can offer you expert legal guidance and reliable representation thanks to our dedicated staff. Learn more about the benefits of hiring our firm for your criminal defense in Arizona by calling 480-833-8000. Don’t hesitate to contact us today!