Aggravated Assault with a Weapon

Arizona prosecutors take any type of violent crime very seriously, and aggravated assault charges are no exception. This is especially the case for aggravated assault with a weapon. If you face an aggravated assault offense in Maricopa County, it is imperative that you work with an experienced attorney who will take your case as seriously as you do. At the Law Office of James E. Novak, our Phoenix criminal defense attorney has more than 25 years of experience aggressively defending the rights of clients facing serious felony crimes. With his help, you can ensure that your recent arrest will have as little impact on your future as possible.

In Arizona, aggravated assault is defined by Arizona Revise Statute § 13-1204. Under this law, there are many ways one can end up facing aggravated assault charges. Several of these involve the use of weapons.

However, before getting into the various examples of aggravated assault with a weapon, it is important to first understand what “assault” is in Arizona. Under Arizona Revised Statutes § 13-1203, an assault occurs when someone “intentionally, knowingly or recklessly” causes any physical injury to another person or places them in apprehension of imminent physical injury. It is also an assault to knowingly touch another person with the intent to injure, insult or provoke them.

Most assaults are misdemeanors. However, if an assault is committed under certain circumstances, it can become a felony offense. One of the most common aggravated assault charges is aggravated assault with a weapon.

Under A.R.S. § 13-1204, a person commits aggravated assault if the person commits assault while using “a deadly weapon or dangerous instrument” or an object that simulates a deadly weapon. In this context, both “deadly weapon” and “dangerous instrument” are legal terms with specific definitions. For example, a deadly weapon is “anything designed for lethal use, including a firearm.” Similarly, a “dangerous instrument” is “anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.” Thus, in theory, almost anything could be considered a deadly weapon or dangerous instrument.

It is also an aggravated assault if someone attempts to take a police officer’s firearm or any other weapon.

Aggravated assault charges are always felonies; however, the seriousness of the charge depends on the facts surrounding your arrest. In the case of aggravated assault with a weapon, if found guilty, you will be convicted of a Class 3 felony unless the alleged victim was either a prosecutor, police officer, or minor under the age of 15. In these cases, the offense will be graded as a Class 2 felony.

The punishments for Class 2 felonies and Class 3 felonies vary depending on multiple factors. However, a presumptive sentence for a Class 2 felony is five years in jail, and the presumptive sentence for a Class 3 felony is 3.5 years in jail. However, there are defenses to these charges, so it is important to discuss your case with a knowledgeable Maricopa County criminal defense attorney as soon as possible.

If you are facing charges related to aggravated assault with a weapon or other firearm /gun/weapon offenses, call the Law Office of James E. Novak today for your free consultation. Attorney Novak has extensive experience successfully defending the rights of clients facing serious violent crimes. We care deeply about each of our clients and aggressively pursue the best possible result at every stage of your case. To learn more, and to schedule a free consultation today, call Attorney James Novak at (480) 413-1499. The Law Office of James Novak proudly defends clients in Phoenix, Tempe, Mesa, Chandler Scottsdale, Gilbert and other surrounding cities in Maricopa County.