Phoenix DUI Lawyer Blog

ARIZONA FELONY AGGRAVATED ASSAULT
Aggravated assaults are far more serious than misdemeanor or simple assaults. There are several circumstances that can elevate an assault to the "aggravated" assault. Facing charges as serious as this can impact the rest of your life. With potential lengthy prison sentence, you want to be sure you have an Arizona Criminal Defense Attorney who is experienced at Defending Felony Aggravated Assault charges:

Under Arizona law a person can be charged with felony aggravated assault if they commit Assault under any of the following circumstances:

• If the person causes serious physical injury to another. A "serious physical injury" is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the person uses a deadly weapon or dangerous instrument. A "deadly weapon" is anything designed for lethal use, including a firearm. A "dangerous instrument" is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part. A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.

• If the person commits the assault while the victim is physically restrained or while the victim cannot resist. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault after entering another person's private home with intent to commit the assault. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is eighteen years of age or older and the victim is fifteen years of age or younger. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault while violating a valid order of protection. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

• If the person takes or attempts to gain control of a police officer's firearm or other weapon or implement. An "implement" is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs. If the object is the officer's firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the object is the officer's weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. If the object is the officer's other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned. A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

To provide an immediate felony aggravated assault defense to avoid a harsh sentencing that a felony assaults charge carries with conviction, contact an experienced Phoenix Criminal Defense Attorney or Arizona Assault Defense Lawyer as soon as possible. The rest of your life and future are at stake.