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Phoenix is a great place to call home. Sports, recreation, and top-notch educational opportunities are helping to drive its population growth. Amazing neighborhoods are also attracting people. Whether you’re looking for something geared toward families or young professionals, you can find the perfect area to call home.
While Phoenix is considered a relatively safe city, violent crimes like assaults can and do happen. Violent assaults can even occur in Phoenix neighborhoods with low crime rates. Criminal charges take care of punishing the offender, but what about your financial damages? Can you recover compensation for things like your medical expenses after an assault?
Arizona Law and Criminal Assaults
The Grand Canyon State firmly stands against criminal and aggravated assaults. Under Arizona Revised Statute §1203, you’re guilty of an assault if you engage in any of the following:
- Knowingly touching another person with the intent to injure, provoke, or insult the person
- Recklessly, intentionally, or knowingly causing another person physical injury
- Intentionally causing another person to be in reasonable fear of imminent injury
You can also be charged with assault if you throw something at another individual. So, keep your temper under control and don’t throw anything. Even if your toss misses its mark, you can still face attempted assault charges. Yep, this criminal charge can carry some pretty hefty penalties.
Arizona also has a separate statute covering aggravated assault. The Arizona Revised Statute §13-1204 allows someone to face aggravated assault charges if they use a weapon, cause disfigurement, or if the attack happens in someone’s home. If you assault a police officer or firefighter, it also falls under the statute.
Who’s Liable for Your Assault?
The individual committing the assault is usually responsible for your injuries. This is usually who you name in your assault injury claim. However, some assault injury claims list more than one defendant. Arizona allows assault victims to name more than one liable party. This typically includes:
- Business owners
- Government entities
- Hotels and resorts
- Employers
- Schools and universities
- Cruise lines
- Amusement parks
- Apartment complexes and landlords
- Nursing homes, hospitals, and other skilled care facilities
- Property owners
- Entertainment and sports venues
- Churches and youth organizations
You can’t just name another individual or entity just because your assault happened on or near their properties. For example, if a property owner is taking reasonable steps to prevent violent assaults, they’re probably not liable for your injuries.
However, if you can prove negligence, like inadequate lighting or security, this can be considered a breach of duty. If you can show that the property owner or manager owes you a duty of care and breached it, there’s a good chance you can name them as a defendant in your assault injury claim.
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Pay Attention to Filing Deadlines
Like every other state, Arizona has a deadline for filing an assault injury claim. Known as the statute of limitations, Arizona and Phoenix give assault victims two years from the date of the incident to file an injury claim.
What happens if you decide to ignore the state’s filing deadline? Chances are, you won’t be able to file an injury claim. Once the statute of limitations is up, you lose your right to recover compensation. Sometimes, you can pause or extend the state’s statute of limitations, but it’s rarely a great idea. Evidence can get lost, making establishing fault and recovering financial compensation tougher.
The best advice is to start your assault injury claim immediately. This typically means contacting a Phoenix assault injury attorney.
The Grand Canyon State May Also Provide Compensation
The Arizona constitution doesn’t leave out victims of violent crimes. Along with being entitled to receive updates on the defendant’s criminal process, the state’s constitution guarantees crime victims the right to file an injury claim against the individual responsible for causing their injuries. This is referring to your civil assault injury claim.
The statute doesn’t stop there. Arizona also has a Crime Victim Compensation program. The program is managed at a county level, so check with Maricopa's local ordinances. It helps cover out-of-pocket expenses like medical costs.
Even though you have a couple of paths for recovering compensation after a criminal assault, it’s not always a piece of cake. If you’re seeking compensation for your assault injuries, it’s best to partner with an experienced Phoenix personal injury attorney.
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