Assault is one of the most common offenses in Arizona. Whether you are facing misdemeanor assault or felony aggravated assault charges, the consequences of the crime can serious and devastating on your life. Aggravated assault in Arizona should not be taken lightly.
Misdemeanor assault charges can be elevated to felonies when certain aggravating factors surround the assault. Aggravated assault crimes involve injury to another person and are taken seriously by the courts.
It’s important to hire a defense lawyer from the outset in assault cases. The attorney will be able to introduce defenses such as whether your actions stemmed from a fear of attack or were in self-defense at an early stage.
The most common forms of assault in Arizona are simple assaults. These crimes range from a class 1 misdemeanor to a class 3 misdemeanor.
You can be charged with an assault without causing injury to anyone. A class 3 misdemeanor simply requires the state to prove that the defendant knowingly touched another person with the intent to injure, insult or provoke the other person. A mere light nudge or a poke can lead to an assault charge if it is a provocative gesture.
You can be charged with a class 2 misdemeanor assault for putting someone else in reasonable apprehension of imminent physical injury. This charge does not require you to even touch another individual. A threat of serious injury such as a raised fist or angry words can lead to an assault charge.
A class 1 misdemeanor assault can land you in jail for six months. It’s the most serious form of a misdemeanor because the state must prove you intended to cause physical injury, whether intentionally, recklessly or knowingly. The defendant must have caused a physical injury to be convicted of a class 1 misdemeanor but it can be a minor injury such as a bruise.
An aggravated assault in Arizona is a felony defined under A.R.S. § 13-1204 (A). In some cases, there may be a gray area between a misdemeanor assault and a felony assault. Defendants can serve up to 21 years in jail for an aggravated assault. You may be charged with an aggravated assault if you:
- Cause serious physical injury to another;
- Use a deadly weapon or dangerous object to use as a weapon in the crime;
- Commit assault by means of any force that leads to temporary but substantial disfigurement; broken bones, temporary but substantial loss, impairment of any bodily organ or another body part;
- Commit assault when the victim is physically restrained, bound, or while the victim’s capacity to resist the alleged assault is substantially impaired;
- Commit an assault on a child under 15 if you are over the age of 18;
- Assault someone after entering the private home of another with the intent to commit assault;
- Commit a misdemeanor assault in violation of a valid protection order or restraining order.
- Take a police officer’s firearm or other weapon or attempt to wrest it from the officer;
- Commit any level of assault against a police officer, peace officers, other law enforcement officials, public defenders or criminal prosecutors, firefighters, paramedics, teachers or school employees, or licensed health care professionals while they are on their job.
The state of Arizona can be relentless in prosecuting people accused of assault. In borderline cases, a simple assault is often elevated to an aggravated assault.
If you or a family member has been charged with aggravated assault in Arizona, we are available to talk to you 24 hours a day, 7 days a week in English or Spanish. Please call us at (602) 340-1999.
