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Arizona Felony Aggravated Assault
Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the “aggravated” level. Facing charges as serious as this can be nerve-racking. With the possibility of a lengthy prison sentence, you want to be sure you have all the legal help you can get.
Under Arizona law a person can be charged with felony Aggravated Assault if that person commits misdemeanor Assault under any of the following circumstances:
• If the person causes serious physical injury to another. A “serious physical injury” is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.
• If the person uses a deadly weapon or dangerous instrument. A “deadly weapon” is anything designed for lethal use, including a firearm. A “dangerous instrument” is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.
• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part. A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.
• If the person commits the assault while the victim is physically restrained or while the victim cannot resist. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault after entering another person’s private home with intent to commit the assault. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person is eighteen years of age or older and the victim is fifteen years of age or younger. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault while violating a valid order of protection. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.
• If the person takes or attempts to gain control of a police officer’s firearm or other weapon or implement. An “implement” is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs. If the object is the officer’s firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the object is the officer’s weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. If the object is the officer’s other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned. A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.
Defenses to Assault/Aggravated Assault
The first line of defense in any assault case is to establish that the assault did not occur or that the seriousness of the assault has been exaggerated. Many victims will exaggerate the circumstances of an alleged assault in order to gain an advantage in a simultaneous civil court or family court proceeding. It is important to examine the alleged facts of the assault and review any medical records, if any injury has been reported, to determine if the assault could have occurred in the manner alleged.
In addition, there are several “justification” defenses to an assault charge, such as self-defense. Depending on the circumstances, aggravated assault is usually considered a Class 3 Felony.
If this is your first offense you may be facing a range of 5-15 years in prison. Your history and the circumstances of the crime will determine where in this range the judge sentences you. If this is your second conviction of a dangerous offense the sentencing possibilities leap to 10-20 years. If it is your third conviction you could be sentenced to a prison term of 15-25 years.
Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence.
13-1204. Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
(b) A constable, or a person summoned and directed by the constable while engaged in the execution of any official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
(d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(e) A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia.
(f) A prosecutor.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions: (a) Is imprisoned or otherwise subject to the custody of any of the following: (i) The state department of corrections. (ii) The department of juvenile corrections. (iii) A law enforcement agency. (iv) A county or city jail or an adult or juvenile detention facility of a city or county. (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners. (b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
B. Except pursuant to subsections C and D of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
D. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
E. For the purposes of this section, "prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the “aggravated” level. Facing charges as serious as this can be nerve-racking. With the possibility of a lengthy prison sentence, you want to be sure you have all the legal help you can get.
Under Arizona law a person can be charged with felony Aggravated Assault if that person commits misdemeanor Assault under any of the following circumstances:
• If the person causes serious physical injury to another. A “serious physical injury” is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.
• If the person uses a deadly weapon or dangerous instrument. A “deadly weapon” is anything designed for lethal use, including a firearm. A “dangerous instrument” is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.
• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part. A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.
• If the person commits the assault while the victim is physically restrained or while the victim cannot resist. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault after entering another person’s private home with intent to commit the assault. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person is eighteen years of age or older and the victim is fifteen years of age or younger. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault while violating a valid order of protection. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.
• If the person takes or attempts to gain control of a police officer’s firearm or other weapon or implement. An “implement” is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs. If the object is the officer’s firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the object is the officer’s weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. If the object is the officer’s other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.
• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned. A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.
Defenses to Assault/Aggravated Assault
The first line of defense in any assault case is to establish that the assault did not occur or that the seriousness of the assault has been exaggerated. Many victims will exaggerate the circumstances of an alleged assault in order to gain an advantage in a simultaneous civil court or family court proceeding. It is important to examine the alleged facts of the assault and review any medical records, if any injury has been reported, to determine if the assault could have occurred in the manner alleged.
In addition, there are several “justification” defenses to an assault charge, such as self-defense. Depending on the circumstances, aggravated assault is usually considered a Class 3 Felony.
If this is your first offense you may be facing a range of 5-15 years in prison. Your history and the circumstances of the crime will determine where in this range the judge sentences you. If this is your second conviction of a dangerous offense the sentencing possibilities leap to 10-20 years. If it is your third conviction you could be sentenced to a prison term of 15-25 years.
Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence.
13-1204. Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
(b) A constable, or a person summoned and directed by the constable while engaged in the execution of any official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
(d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(e) A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia.
(f) A prosecutor.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions: (a) Is imprisoned or otherwise subject to the custody of any of the following: (i) The state department of corrections. (ii) The department of juvenile corrections. (iii) A law enforcement agency. (iv) A county or city jail or an adult or juvenile detention facility of a city or county. (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners. (b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
B. Except pursuant to subsections C and D of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
D. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
E. For the purposes of this section, "prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
