Aggravated assault in Arizona pursuant to ARS 13-1204 is also known as felony assault. The way a misdemeanor assault becomes a felony aggravated assault when the assault is aggravated, or made worse, by some other factor. The most common factors that aggravate an assault are when the assaulter uses a weapon or causes serious physical injury to another person. While there are many ways to commit felony aggravated assault in Arizona, the crime is serious and requires a carefully crafted defense.
There are many ways that a person can be charged with aggravated assault in Arizona under ARS 13-1204. In essence, however, in order to be found guilty of aggravated assault the prosecution must prove simple assault plus an aggravator.
A. Simple Assault. A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). This means that the prosecution must first prove that you:
B. Aggravator. The prosecution then must prove that the assault was aggravated by one of the factors listed in ARS 13-1204. These factors fall within four main categories:
Aggravated assault based on the use of a deadly weapon or dangerous instrument does not require that the victim be injured in any way. The use of a deadly weapon or dangerous weapon when committing an assault creates a risk that a victim will suffer serious physical injury or death. So, it alone is enough to raise a simple assault to an aggravated assault.
The law recognizes that the ultimate trauma to the victim is no different whether a person uses an actual deadly weapon or a simulated deadly weapon to commit an assault. A fake gun causes real fear of death or serious physical injury, even if the fake gun cannot actually cause death or serious physical injury.
A simple assault can be committed when a person causes any physical injury, even when the injury is minor, such as a small scrape or bruise. A simple assault is elevated to an aggravated assault when a serious physical injury is caused to reflect the seriousness of the harm.
A simple assault can also be elevated to an aggravated assault when the force used caused a fracture or some other type of temporary but substantial injury. This type of injury is worse than a simple physical injury, but not as bad as a serious physical injury.
You have any of domestic violence relationship as listed in ARS 13-3601. This includes relationships such as:
The law recognizes the sanctity of a person’s home. So, when you go into someone’s home to assault them, then the assault is elevated from a misdemeanor assault to a felony assault.
A simple assault becomes an aggravated assault when the assault is committed against certain people who the law considers as worthy of special protection. This includes vulnerable victims and victims who hold certain positions in society—such as an officer or a health care provider. A complete list of these victims can be found in ARS 13-1204. Some of the more common types of victims that will transform a misdemeanor assault into a felony assault are listed below.
Generally, the prosecution must also prove that the victim was engaged in the execution of their official or professional duties. The exception is when the victim is a police officer. A police officer does not have to be engaged in their official duties to make an assault an aggravated assault.
The types of aggravated assault offenses defined above that are Class 2 Felonies and Dangerous Crimes Against Children include assaults that are aggravated by the following factors:
If convicted, the judge starts by considering the presumptive term of 17 years in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to a minimum sentence of 10 years in prison and go up to a maximum sentence of 24 years in prison.
The types of aggravated assault offenses defined above that are Class 3 Dangerous Felonies include assaults that are aggravated by the following factors:
If convicted, the judge starts by considering the presumptive term of 7.5 years in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to a minimum sentence of 5 years in prison and go up to a maximum sentence of 15 years in prison.
The types of aggravated assault offenses defined above that are Class 3 Felonies include assaults that are aggravated by the following factors:
If convicted, the judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. The judge cold also sentence you to a prison term. If sentenced to prison, the judge starts by considering the presumptive term of 3.5 years in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to 2 years in prison and go up to 8.75 years in prison.
The types of aggravated assault offenses defined above that are Class 4 Felonies include assaults that are aggravated by the following factors:
If convicted, the judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. The judge cold also sentence you to a prison term. If sentenced to prison, the judge starts by considering the presumptive term of 2.5 years in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to 1 year in prison and go up to 3.75 years in prison.
The types of aggravated assault offenses defined above that are Class 5 Felonies include assaults that are aggravated by the following factors:
The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. The judge cold also sentence you to a prison term. If sentenced to prison, the judge starts by considering the presumptive term of 1.5 years in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to 0.5 year in prison and go up to 2.5 years in prison.
The types of aggravated assault offenses defined above that are Class 6 Felonies include assaults that are aggravated by the following factors:
The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. The judge cold also sentence you to a prison term. If sentenced to prison, the judge starts by considering the presumptive term of 1 year in prison. If there are any mitigating or aggravating circumstances, then the judge can go down to 0.33 year in prison and go up to 2 years in prison.
Regardless of the way in which you have been accused of aggravated assault, you are facing serious felony charges. With serious charges come serious risks of a conviction, imprisonment, job loss and other penalties. You owe it to yourself to ensure that you employ the most effective aggravated assault possible. However, finding the best aggravated assault lawyer is no simple task. You need to ensure that the attorney you choose has the requisite knowledge of the law and trial experience.
At Feldman & Royle, we are experienced aggravated assault lawyers who have represented hundreds of clients charged aggravated assault in both plea negotiations and trial. We offer a confidential and free consultation in order to address your questions and map out a defense to your case.
Assault is classified as a misdemeanor and aggravated assault is a felony. Aggravated assault is an assault that is aggravated (or made worse) by the circumstances of the assault, such as when a deadly weapon is used, or serious physical injury is caused.
Aggravated assault can range from the most serious classification of a Class 2 Felony to the least serious classification of a Class 6 Felony. The felony classification of aggravated assault depends on which factor aggravates the assault. For example, an assault committed using a deadly weapon is a Class 3 Dangerous Felony and an assault where the victim is a paramedic is a Class 6 Felony.
It depends on the type of aggravated assault you plead guilty to or are found guilty of by a jury and whether you have any prior felony convictions. It also depends on whether there are special allegations to the aggravated assault, such as it being a dangerous offense or a dangerous crime against children. These types of allegations mean that probation is not an option and the judge must sentence you to prison, even if you have not prior felony convictions.
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