ARS § 13-1204: Arizona’s Aggravated
Aggravated Assault Charges in Arizona
- When an individual inflicts serious physical injury on another person
- When an individual uses a deadly weapon or dangerous instrument on another
- Force that causes substantial disfigurement, impairment of organs, or fractures
- Inflicting injury on another while that individual is physically restrained or impaired
- Any assault that occurs after entrance into a private residence with the intent to commit assault
- Assault inflicted by someone 18 years or older on an individual 15 years or younger
- Assault that occurs as a violation of a protection order
- Assault on an individual who is a peace officer, constable, firefighter, teacher, healthcare practitioner, prosecutor, code enforcement officer, park ranger, public defender, or judicial officer.
- Knowingly taking control or attempting to take control of a firearm or deadly weapon used by a peace officer.
- Committing an assault on a department of corrections employee while in custody.
- Using a simulated deadly weapon to cause physical injury to another.
Aggravated Assault Definitions
In order to better understand Arizona’s aggravated assault law, familiarize yourself with some definitions:
- Serious Physical Injury: Unlike “physical injury” that describes impairment to a person physically, serious physical injury describes an injury that puts a person at risk for death or permanent disfigurement.
- Deadly Weapon: Although this does include firearms, “deadly weapon” could also be any other object designed for lethal use.
- Dangerous Instrument: This describes an instrument that can be used to inflict serious physical injury, but is not necessarily designed for that purpose.
- Order of Protection: ARS 13-3602 and ARS 13-3624 describe court orders that individuals can file if they believe they are at risk for stalking, harassing, assault, or any other manner of danger. These orders can be filed against a spouse or former spouse, roommate or former roommate, father/mother of the filer’s child, a previous romantic relation, or any other family member.
What Type of Felony Is Aggravated Assault in Arizona?
In most cases, aggravated assault in violation of ARS 13-1204 is a Class 3 Felony. It can be classified as a Class 2 Felony if the victim is a minor under the age of 15. If the assault caused substantial disfigurement, impairment of organs, or fractures (subsection 3) it could be designated a Class 4 Felony. Taking a firearm being used by a peace officer or assault while imprisoned could be designated a Class 5 Felony. Aggravated assault could also be designated a Class 6 Felony in some circumstances, for example, assault on a person who is bound or impaired.
If you or someone you love was arrested on aggravated assault charges, we invite you to contact our Phoenix criminal defense attorneys today. MayesTelles PLLC is home to “Top 100” attorneys, former prosecutors, and others who could build a strong defense on your behalf.