Aggravated Assault

Is Aggravated Assault a Felony in Arizona?

Yes, the crime of aggravated assault is a felony offense under Arizona law, A.R.S. 13-1204. It is the most serious of assaultive conduct, short of murder, and can occur under numerous circumstances. The most common situations a person finds himself being charged with an aggravated assault pursuant to A.R.S. 13-1204 are:

  1. By causing serious physical injury. A Serious physical injury has been defined as a physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
  2. The use of a deadly weapon or dangerous instrument. A dangerous instrument is anything which is used or threatened to be used, that is capable of causing death or serious physical injury such as a firearm, baseball bat, knife, or even a motor vehicle.
  3. Use of force that causes;
    • Temporary but substantial disfigurement
    • Temporary but substantial loss or impairment of any body organ or part
    • A fracture of any body part
  4. Assaulting someone who is bound or physically restrained or the victim's capacity to resist is substantially impaired
    Entering the home of another with the intent to commit an assault
  5. Entering the home of another with the intent to commit an assault
  6. If the person is 18 years old or older and commits the assault on someone under 15 years old
  7. Committing an assault in violation of an order of protection
  8. Assaulting someone in any of the following:
    • A peace officer while engaged in official duties
    • A constable while engaged in official duties
    • A firefighter, emergency medical technician, or paramedic engaged in official duties
    • A teacher or school employee, on the grounds of a school or school vehicle, or any teacher or school nurse engaged in school activities held at other than school grounds
    • A licensed healthcare practitioner or someone acting on their behalf while engaged in the profession. This does not apply to the seriously mentally ill, or those afflicted with Alzheimer's disease or related dementia.
    • A Prosecutor
    • A code enforcement officer
    • A park ranger
    • A public defender
  9. Knowingly taking or attempting to take control of the following:
    • A peace officer's firearm while engaged in official duties
    • Any weapon other than a firearm being used by a peace officer while engaged in official duties. This may include a taser or baton.
    • Any implement being used by a peace officer while engaged in official duties. This may include handcuffs, shackles, or flashlight
  10. If a person meets both of the following:
    1. If imprisoned or subject to custody of the following:
      • Department of corrections
      • Department of juvenile corrections
      • Law enforcement agency
      • County or city jail, or adult or juvenile detention facility
      • Any other detention facility contracting with a state agency
    2. Assaulting any officer of any detention facility while engaged in official duties

Aggravated Assault Domestic Violence in Arizona?

If you fall within any of these 5 categories it can be designated a Domestic Violence.

Those relationships are:

  1. By marriage or former marriage
  2. By residing or having resided together
  3. The parties have a child in common
  4. They are related such as a:
    • Parent
    • Brother
    • Sister
    • Grandparent
    • Child
    • Grandchild
    • Grandparent-in-law
    • Stepparent
    • Brother-in-law
    • Sister-in-law
  5. The victim is a child who resides or had resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who had resided in the same household as the defendant.

Using a weapon such as a firearm, whether it is a knife or handgun, the showing of it or the firearm or discharging the weapon will be charged as an Aggravated Assault. Because of your status with the victim, it becomes a Domestic Violence Crime called Aggravated Assault Domestic Violence.

What are the Penalties for Aggravated Assault in Arizona, A.R.S 13-1204?

Arizona sentencing guidelines for a violation of A.R.S. 13-1204 are found at A.R.S. 13-705.

Aggravated Assault with no priors?

The sentence for a first felony offense shall be the presumptive sentence. Except for those felonies involving a dangerous offense, the court may increase or reduce the presumptive sentence within the ranges set. Any reduction or increase shall be based on the aggravating and mitigating circumstances.

If a person is convicted of a felony without having previously been convicted of any felony, and at least two aggravating factors, the court may increase the maximum term of imprisonment to an aggravated term. If a person is convicted of a felony and if the court finds at least two mitigating factors, the court may decrease the minimum term of imprisonment to a mitigated term.

First felony shall be sentenced within the following ranges:

Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 years 1.5 years 2.5 years 3 years 3.75 years
Class 5 0.5 years 0.75 years 1.5 years 2 years 2.5 years
Class 6 0.33 years 0.5 years 1 years 1.5 years 2 years

The presumptive term may be aggravated or mitigated within the range under this section.

If a person is sentenced as a category one repetitive offender and if at least two aggravating circumstances apply or at least two mitigating circumstances the court may impose a mitigated or aggravated sentence pursuant to this section.

What is the minimum sentence for Aggravated Assault in Arizona- with Priors?

Arizona sentencing guidelines, A.R.S. 13-703. With one repetitive felony shall be sentenced within the following ranges:

Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 4.5 years 6 years 9.25 years 18.5 years 23 years
Class 3 3.25 years 4.5 years 6.5 years 13 years 16.25 years
Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years
Class 5 1 years 1.5 years 2.25 years 3 years 3.75 years
Class 6 0.75 years 1 years 1.75 years 2.25 years

2.75 years

If a person is sentenced as a category three repetitive offender and at least two aggravating circumstances or at least two mitigating circumstances apply, the court may impose a mitigated or aggravated sentence pursuant to this section.

Arizona sentencing guidelines, A.R.S. 13-703. With three repetitive felonies shall be sentenced within the following ranges:

Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 10.5 years 14 years 15.75 years 28 years 35 years
Class 3 7.5 years 10 years 11.25 years 20 years 25 years
Class 4 6 years 8 years 10 years 12 years 15 years
Class 5 3 years 4 years 5 years 6 years 7.5 years
Class 6 2.25 years 3 years 3.75 years 4.5 years 5.75 years

 

How to beat Aggravated Assault in Arizona, A.R.S. 13-1204?

There may be numerous defenses to the charge of aggravated assault in Arizona, A.R.S. 13-1204, depending upon which subsection was charged.

  • A defense could be made that there was not serious physical injury, or no weapon or dangerous instrument was used.
  • Additional defenses may include that temporary disfigurement, loss of impairment of a body part, was not substantial
  • Mistake identity
  • Mere presence
  • Alibi
  • Insufficiency of state's evidence
  • Self defense

If retained, a good criminal attorney will conduct their own investigation of the facts; attempt to obtain exculpatory evidence that can be used in your favor; protect your rights, and obtain the best possible resolution in your matter. The prison sentencing ranges are broad for felony assaults. So the court has discretion over what your sentence will be within that range. Therefore, if the charges cannot be dismissed, the next step for your criminal defense attorney will present mitigating factors in an effort to reduce the sentencing.

Contact Brian Di Pietro Law, PLLC, Arizona's Most Experienced, Tough Lawyer for Aggravated Assault Criminal Charges!

Arizona criminal defense attorney Brian Di Pietro has successfully represented many clients who had been charged with aggravated assault. His success is a result of his 37 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of aggravated assault and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients.Contact now Brian Di Pietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your aggravated assault charges in Arizona.

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