Phoenix DUI Lawyer Blog

Aggravated Assault Arizona ARS 13-1204

An Arizona Aggravated Assault is an extremely serious charge with extremely serious consequences if convicted. If charged, it is important that you are defended by an Arizona Criminal Lawyer well versed and experienced in handling aggravated assaults. In general, Assault is generally characterized as the act of putting someone in fear of harm by threat of force or actual force, physically harming the person or simply touching the person with the intent to cause harm or injury to that person. When an assault crime elevates to an "aggravated assault" level, it usually involves the use of a deadly or dangerous weapon. A deadly weapon doesn't have to be a gun or other firearm. A deadly weapon can be things like a baseball bat, pipe, hammer, kitchen knife, sharp glass or other similar object.

Arizona Criminal Law includes many factors that elevate a physical assault to an aggravated assault, including but not limited to:

• Serious physical injury to another resulting from the assault
• Use of a deadly weapon during the assault
• Entering a private home for the purpose of committing the assault
• Assault by an adult against a child aged 15 or younger
• Assault knowingly committed against a peace officer

Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the "aggravated" level. An aggravated assault is a felony in Arizona and carries with it the possibility of a lengthy prison sentence.

Dependant 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 criminal history and the circumstances of the crime will determine where in this range the Arizona 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.

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.
(Cited In Part)

A serious offense such as an Arizona aggravated assault requires a strong Arizona Criminal Defense. This is not something you want to go at alone.