NBA Player Arrested for Assault of another Player – What is the difference between Simple Assault and Aggravated Assault.  How serious is it? 

Recently Phoenix, Arizona police arrested Detroit Piston player Isiah Stewart after he allegedly struck Phoenix Suns’ player, Drew Eubanks before a game between the Detroit Pistons and Phoenix Suns. Eubanks allegedly sustained minor injuries which likely formed the basis for the probable cause for the criminal charge against Stewart.  It appears, at this point, Stewart is only charged with assault. 

In Arizona, like Pennsylvania and New Jersey, assault charges can derive from different scenarios. Pushing, hitting, pinching, biting, and slapping are all examples of assault.  It is a misdemeanor crime and not a felony.  While it is not a felony, a person convicted of this crime, will have a criminal record.  In addition to a record, assault can also carry jail time and probation.  Jail, however, is unlikely. 

Simple Assault

A person also commits simple assault if he puts another person in fear of imminent serious bodily injury.  It is important to understand that a threat itself doesn’t constitute a simple assault. A threat is only simple assault if the actor is in a position to carry out the threat immediately and takes affirmative steps to do so. It’s also important to consider that the prosecution doesn’t need to establish the victim of an assault sustained an actual injury.  The prosecution, however, must establish beyond a reasonable doubt that the accused intended and attempted to put the victim in fear. The victim’s state of mind, therefore, is irrelevant.  There are other crimes in Pennsylvania where the victim’s state of mind is relevant.

Aggravated Assault

This NBA player is not charged with aggravated assault which is much more serious.  It is a felony crime!  Aggravated assault is committed when one attempts to cause serious bodily injury or causes such injury purposely or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes such injuries.

Law Enforcement & Assault Charges (Protected Classes)

The person who is allegedly assault also matters when it comes to assault.  In Arizona, like New Jersey and Pennsylvania, a person who commits a simple assault against a member of law enforcement, commits an aggravated assault. This means that the state does not need to establish beyond a reasonable doubt serious bodily injury, but only bodily injury.  Criminal code treat police officer’s, volunteer firefighters, EMS, and school employees as protected classes. This means that the Commonwealth doesn’t need to establish serious bodily injury but only bodily injury, which is normally the standard reserved for simple assault, a non-indictable offense.

What about criminal diversion programs?

Despite these allegation, there is a very strong possibility that Isiah Stewart will not end up with a criminal record.  The case may be eventually dismissed or it is likely that Stewart will receive some type of criminal diversion program like ARD in Pennsylvania or PTI, or a conditional discharge in New Jersey.

We frequently encounter clients who, prior to retaining our firm, have had no previous contact with the criminal justice system. These individuals are often charged with misdemeanor offenses which derive from an incident involving alcohol, a small amount of drugs, a physical altercation, or some other incident which required a response from law enforcement. Clients who find themselves charged with one of these offenses are normally more concerned with a stain on their otherwise clean record and potential negative consequences in the future which could limit their professional opportunities. A criminal conviction, even for what most would consider a minor offense, could substantially affect one’s ability to obtain employment especially in this tough economy.

Our firm maintains a very good track record of negotiating an alternate disposition with the prosecutor assigned to these matters.  Most states maintain diversion programs for minor criminal offenses but it is the responsibility of the individual and the defense counsel to investigate possible entry into these programs. Entry into these programs is not automatic and usually requires direct negotiation with the prosecutor, their supervising attorney, and in some cases the judge who will hear the case.

The primary benefit of an alternative disposition is a guaranteed result. I often explain to our clients that no attorney, ethically, can guarantee a certain result in a case that goes to trial. While an attorney may provide a very confident opinion of a potential outcome, he must nevertheless explain the possibility of a conviction.

Diversion programs offer the benefit of a guaranteed positive result and normally provide the client with the ability to have their record expunged following completion of the program.

What is the benefit of a criminal diversion program?

While these diversion programs offer clients the ability to avoid trial, it is important to understand that each program maintains certain requirements which the individual must complete. Failure to complete the requirements of the diversion program will result in a person’s release from the program. Once a person is removed from a diversion program, his case is scheduled for trial and the only way to avoid a possible conviction is a successful defense.

Requirements of these diversion programs are based on the nature of the offense and usually consist of drug treatment, alcohol counseling, anger management, restitution, or a certain number of hours of community service. In some cases the programs even require a written apology to the alleged victim. While most clients gladly accept entry into a diversion program some often find it difficult in cases where they firmly believe that they have committed no misconduct.

If you’re charged with a crime and have no previous criminal history it is important to discuss non-trial alternatives with your criminal defense attorney. These programs may be an option but they will require you to complete specific tasks. If your principles will not allow you to make these concessions, your only alternative is more than likely trial.