Felony Aggravated Assault FAQs

Respected Tempe Criminal Defense Attorney Dedicated to Helping Individuals Charged with Violent Crimes

Aggravated assault is a serious crime, and a conviction carries the possibility of a serious jail sentence. For those facing allegations of any violent crime, it is imperative to understand the crime you’ve been charged with, including what the prosecution needs to prove and what defenses may apply to your case. At the Law Office of James E. Novak, we have more than 25 years of experience handling aggravated assault cases on behalf of clients throughout Maricopa County. Over this time, we’ve gained an understanding of the questions our clients have about the charges they face, which is why we’ve put together a list of felony aggravated assault FAQs.

Read on to learn more about aggravated assault and if you have additional questions, give the Law Office of James E. Novak a call at (480) 413-1499 to set up a free consultation.

  1. What Turns an Assault into an Aggravated Assault in Arizona?
  2. What Is the Punishment for an Arizona Aggravated Assault?

What Turns an Assault into an Aggravated Assault in Arizona?

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.

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What Is the Punishment for an Arizona 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.

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Speak with a Maricopa County Criminal Defense Lawyer About Your Assault Case Today

If you’ve been arrested for aggravated assault in Tempe, Phoenix, Scottsdale or elsewhere in Maricopa County, it is essential that you are prepared for a fight. Prosecutors take an aggressive approach when it comes to violent crime, and you need a lawyer who is prepared to do the same. At the Law Office of James E. Novak, we are dedicated to aggressively defending our clients through every stage of the process. We have represented countless men and women charged with violent crimes, helping them move on with their lives after an arrest, and we look forward to discussing how we can help in your case. To learn more, and to schedule a free consultation today, call (480) 413-1499 or connect with us through our online contact form.

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