Criminal Defense Attorney | Aggravated Assault
In certain circumstances, the State of Arizona has deemed that someone who commits assault has either caused an injury so severe, or used a weapon, and must receive more punishment than what would be available under the ordinary misdemeanor assault statute (see our Assault practice area page for more information on ordinary assault). Under those circumstances, the state will charge the person with felony aggravated assault under A.R.S. 13-1204.
If you have been charged with aggravated assault, you face very serious penalties, including years in prison and harsh fines. A conviction will threaten your freedom, your rights, and your entire future. You need an aggressive defense team on your side; you need Oliverson Law PLLC. With over 30 years of combined experience, our Arizona aggravated assault lawyers are prepared to fight for you. We have been on every side of these cases as a former judge, prosecutors, and police officer. This experience is vital to get you the best possible result in your case.
When Is Ordinary Assault Charged as Aggravated Assault?
Aggravated assault is considered a more severe offense than simple misdemeanor assault because of certain factors present at the time of the offense. Before delving into the circumstances elevating the severity of the crime, let’s first examine how Arizona defines assault.
Under A.R.S. 13-1203, an assault occurs when a person:
- Intentionally, knowingly, or recklessly causes physical harm to someone else;
- Intentionally makes another person reasonably fear imminent physical injury; or
- Knowingly touches someone to injure, insult, or provoke them.
Pursuant to A.R.S. 13-1204, assault becomes an aggravated offense when any of the above occurs and any of the following happens during the commission of the crime:
- The victim suffers serious physical injury. Serious physical injury is defined as causing risk of death or serious and permanent disfigurement or impaired health, or long-term impairment of an organ or limb;
- A deadly weapon or dangerous instrument was used. A deadly weapon is something designed to kill. A dangerous instrument is anything that can be used to cause death or serious physical injury;
- The offender used force and caused temporary but substantial disfigurement or loss or impairment of a body part;
- The victim was restrained or incapable of resisting;
- The offender entered the victim’s home to commit the assault;
- The offender was 18 years of age or older, and the victim was younger than 15 years of age;
- The assault was committed on someone the offender knew was a:
- Police officer,
- Constable,
- Firefighter,
- Teacher or school employee,
- Health care practitioner,
- Prosecutor,
- Code enforcement officer,
- Park ranger,
- Public defender, or
- Judicial officer
- The offender took or tried to take a police officer’s gun, weapon, or other instrument;
- The offender was incarcerated and assaulted a facility employee;
- The offender used a simulated deadly weapon; or
- The offender caused physical injury or made the victim fear harm and
- They choked or suffocated the victim, and
- The offense was a domestic violence crime.
What Are the Classes and Penalties for Aggravated Assault in AZ?
In Arizona, the class of felony assault is charged as depends on the nature of the offense. For a first-offense aggravated assault, you could be sentenced to serve 5 to 15 years in prison. If you have any prior felony conviction or other aggravating circumstances, your sentence could be substantially harsher.
Assault is charged as a:
- Class 6 felony, punishable by up to 2 years in prison, when:
- The victim was restrained,
- The alleged offender entered the victim’s home,
- The alleged offender was 18 years of age, and the victim was under 15 years of age,
- The alleged offender violated a protection order,
- The alleged offender knew that the victim worked in a specific profession, or
- The alleged offender took or attempted to take an instrument being used by a peace officer.
- Class 5 felony, penalized by up to 2.5 years in prison, when:
- The alleged offender took or attempted to take a non-firearm weapon from a peace officer,
- The alleged offender was incarcerated, and the victim was an employee of the facility,
- The victim was a peace officer, or
- The victim was a prosecutor, and they suffered injury.
- Class 4 felony, punished by up to 3.75 years in prison, when:
- The alleged offender used force and caused substantial disfigurement or temporary but substantial loss of an organ or body part;
- The alleged offender choked or suffocated the victim, and the victim was a family or household member;
- The victim was a peace officer, and they suffered injury
- Class 3 felony, punishable by up to 8.75 years in prison, when:
- The victim suffered serious physical injury,
- The alleged offender used a dangerous or deadly weapon,
- The alleged offender took or attempted to take a peace officer’s firearm,
- The alleged offender used a simulated deadly weapon, or
- The victim was a peace officer or prosecutor and the alleged offender used force to cause substantial disfigurement or temporary but substantial loss or impairment of an organ or body part
- Class 2 felony, penalized by up to 12.5 years in prison, when:
- The alleged offender caused serious physical injury or used a weapon and the victim was under 15 years of age or a peace officer or prosecutor.
Why Choose Oliverson Law PLLC?
Attorney Derek Oliverson is a highly accomplished criminal defense attorney with prior experience in law enforcement and has served as a prosecutor and a judge. This in-depth understanding of all sides of the law affords our attorneys a unique insight into the criminal justice system. Armed with this knowledge, they are well-equipped to help you navigate the legal process. We take a team approach to every case, pooling our skill, experience, resources, and knowledge to build powerful defense strategies for our clients.
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