Felony Aggravated Assault FAQs

Under Arizona Revised Statutes § 13-1203, an assault involves causing another person to suffer physical injury, placing them in fear of physical injury, or making physical contact with another person with the intention of injuring, insulting or provoking them. Any of these actions are considered misdemeanor assault.

However, in certain circumstances, an assault gets enhanced to an aggravated assault. Typically, these situations involve assaults involving the use of a weapon or an assault committed against certain victims. For example, the following are all examples of aggravated assault:

• The victim suffered serious bodily injury;
• The defendant used a deadly weapon or dangerous instrument;
• The victim suffered disfigurement, a broken bone, or compromised organ function;
• The victim was bound, or their movement was restricted at the time of the assault;
• The assault occurred in another person’s home;
• The victim was under 15, and the defendant was over 18;
• The victim had previously obtained an order of protection against the defendant;
• The victim was a prosecutor, police officer, healthcare worker, teacher or a member of another protected class.

If any of these facts apply, the offense becomes aggravated assault.

Aggravated assault is a serious felony; however, the severity of a conviction depends on the facts of the case. Below are a few of the most common aggravated assault charges:

Class 2 Felony

• Intentionally cause serious physical injury to a prosecutor.
• Aggravated assault with a weapon against a minor under 15.

Class 3 Felony

• Intentionally cause another person to suffer serious physical injury.
• Aggravated assault with a deadly weapon.

Class 4 Felony

• Causing another to suffer temporary but substantial disfigurement or substantial loss or impairment of any bodily organ or bodily function.

Class 5 Felony

• Disarming a police officer.

Class 6 Felony

• Assault while the victim’s freedom of movement is restricted.
• Assault occurring in another’s home.
• Assault committed by an adult against a minor under 15.
• Assault against a police officer.

While these felony aggravated assault FAQs are a good start to familiarize you with the crime, you probably have more questions. If so, feel free to reach out to the Law Office of James E. Novak to set up a free consultation.