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I kiddingly slapped someone on the arm (Poker dealer at the…

Customer Question
I kiddingly slapped someone...

I kiddingly slapped someone on the arm (Poker dealer at the Indian Casino) and received a complaint for Physical Assault and disturbing the peace...

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Submitted: 6 months ago.Category: Criminal Law
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Answered in 5 minutes by:
12/5/2017
Criminal Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,091
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 6 months ago
One more thing.. I have NEVER been in trouble beyond a speeding ticket in my life. I am 55
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

I'm sorry to hear that happened. Is this being charged by Arizona state authorities or through the Indian Casino?

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Customer reply replied 6 months ago
Its Tribal police that issued the citation but Payson, Arizona justice court is the authority
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Thanks for the clarification. Give me just a moment to type up some information for you, thanks!

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Customer reply replied 6 months ago
I called the Tribal Police and they said since it was Criminal that it is handled by the County/City of Payson Justice court not the tribal court
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

The assault and the disturbing the peace are both misdemeanor offenses under AZ state law.

A third degree assault charge (which is what this would be since there was no injury), is punishable by up to 30 days in jail and/or a fine.

The disturbing the peace charge is punishable by up to 6 months in jail and/or a fine of up to $2,500.

It's important that you retain a defense attorney to represent you in this matter if you haven't done so already.

If you can't afford one right now, a public defender will be appointed to you at your first court date.

The good news is that your attorneys should have a good chance at getting these charges dismissed.

The assault charge requires that you had the intent to harm the other person. Based on the information you shared, this was not the case.

The disturbing the peace charge requires that there was some sort of fight or altercation, and again, based on what you shared it appears this also was not the case.

Something else you should know is that since this is your first ever criminal offense, you are eligible for the deferrment program.

This means that you would plead guilty up front, participate in some rehabilitative classes, community service, and/or pay a fine ...then upon successful completion of the program, the charges against you will be dismissed.

The deferrment program is reserved for first time offenders only.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 6 months ago
Thank you so much!!!
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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