The Maricopa County Attorney’s Office has announced a proposed change in legislation to address the issue of teen violence. Specifically, the proposal, if adopted, would create a new crime, known as “swarming.” Simply stated, this is defined in the proposal as an assault on an individual with the aid of at least two other persons.
Under present law, assaults can in some cases be classified as a Class 6 Felony, or even as a misdemeanor. Causing serious physical injury to another, with or without an accomplice, is a class 3 felony; causing temporary but substantial disfigurement is a class 4 felony. The proposal seeks to make “swarming” a Class 4 felony charge.
The proposed new law, if passed, would address the issue of recent attacks by teenagers, in the news lately because of the salaciously alliterative story of the “Gilbert Goons.” According to the Maricopa County Attorney’s Office, there have been close to twenty incidents involving charges against groups attacking lone individuals. Although reference was made to the problem in Gilbert, MCAO has stated that teen violence is on the rise throughout Maricopa County and the entire State of Arizona.
It’s unclear this new crime is necessary. It is already the case that if an assault by multiple kids on one victim leads to serious physical injury, all are guilty as accomplices of major felonies. Same goes for a fight leading to a broken nose or laceration – all are guilty of major felonies. This new crime merely captures the cases where no major injuries occurred, but where we (the elderly voting public…it’s an election season, after all) are still very, very upset that the kids were fighting.
Law Offices of David A. Black
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Phoenix, AZ 85004
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