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Posted on November 15, 2024 in assault & violent crimes
In Arizona, the context of a crime matters. Some offenses are more severe than others, and certain circumstances can lead to harsher penalties. These are called “aggravated” crimes.
Aggravated crimes are often treated with more severity. For example, assault can become “aggravated” and is a felony if the defendant’s actions are considered especially severe under Arizona law.
Being convicted of an aggravated assault charge can mean facing incarceration, crippling fines, and long-term effects on both your personal life as well as your professional life. With so much at stake, choosing the right attorney to represent you is pivotal to ensuring you have the best defense possible.
The criminal defense attorneys at the AZ Defenders law firm have decades of combined experience in defending clients against aggravated assault charges. We thoroughly investigate the allegations and facts for each individual case and know how to apply every possible defense when negotiating with prosecutors and conducting a vigorous trial defense. Call today at (480) 456-6400 to speak with one of our skilled defense lawyers in a free initial consultation.
To understand what aggravated assault is, you have first to understand what is considered “simple” assault, which is a misdemeanor crime.
ARS 13-1203 defines misdemeanor assault as intentionally, knowingly, or recklessly causing physical injury to someone, putting them in reasonable fear of imminent injury, or knowingly touching them with intent to injure, insult, or provoke.
Aggravated assault involves a simple misdemeanor assault coupled with an aggravating circumstance. Arizona law ARS 13-1204 dictates what is considered “aggravating” circumstances and the enhanced punishments that each trigger.
The following circumstances are some examples of how a misdemeanor assault charge can escalate to a felony aggravated assault charge:
Aggravated assault is a felony-level crime in Arizona. There is no misdemeanor version of this offense. Depending on the specific aggravating condition above, you may be subject to at least a Class 6 felony conviction and, at worst, a Class 2 felony conviction. A Class 2 felony conviction carries a presumptive term of 10.5 years in prison and a maximum up to 21 years for a first-time conviction.
Below are the first-time prison sentences you can receive for aggravated assault with a deadly weapon and/or dangerous instrument in Arizona:
| Class of Felony | Prison Term |
| Class 2 | Seven to 21 years, with a presumptive term of 10.5 years. Crimes involving minor children as victims fit this category. Although it is a separate statutory crime from aggravated assault, sexual assault also results in a Class 2 penalty upon conviction. |
| Class 3 | Up to 15 years, with a presumptive term of 7.5 years. This is often the sentence imposed for aggravated assault with a deadly weapon or dangerous instrument. |
| Class 4 | Four to eight years, with a presumptive term of six years. |
| Class 5 | Two to four years, with a presumptive term of three years. |
| Class 6 | 18 months to three years, with a presumptive term of 27 months. |
In addition to a lengthy prison sentence, you could face up to $150,000 in fines, probation, community service, and restitution for any/all economic losses suffered by the victim. A felony conviction on your record could also take away some civil rights, including voting and bearing arms.
A judge will consider the nature of the crime, the defense presented, the defendant’s attitude, the victim’s injuries, the victim’s impact statement, the defendant’s prior criminal record, in addition to other factors in deciding on a sentence.
First-time offenders may receive greater leniency during sentencing than repeat offenders. Depending on the class of felony involved, one or more subsequent convictions for aggravated assault can lead to a prison sentence of up to 25 years. It could also have a sentence of up to 35 years if you have two qualifying prior convictions and the victim is a peace officer.
A felony aggravated assault conviction stays on your public record. Anyone who checks this record, like a prospective employer, landlord, or lender, can see an aggravated assault conviction long after you have left prison and paid off the fines and other financial penalties.
The appearance of such a conviction on your record can often be enough to keep you from being able to find work, finding a place to live, qualifying for financing, or purchasing and/or possessing a firearm.
Needless to say, an aggravated assault charge should be taken incredibly seriously and defended aggressively by an experienced aggravated assault defense attorney, like those at AZ Defenders. Certain circumstances can help you in your defense. What follows are some possible defenses that your criminal defense lawyer may be able to use on your behalf:
In a criminal case for aggravated assault, the prosecution must prove every element of the case against you beyond a reasonable doubt. If it falls below that standard in any way, it can be possible to reduce an aggravated assault charge to a lesser offense or even to obtain an acquittal for you.
Below are some ways your criminal defense lawyer can look for ways to introduce reasonable doubt into an aggravated assault charge:
Sometimes an alleged assault occurs as the result of a quarrel in which both sides engage in aggressive behaviors. Self-defense can be a valid argument in situations where the alleged victim makes the first move that could constitute an assault in itself.
Self-defense often arises in cases where the alleged victim assaults you but does not inflict any bodily harm while you inflict harm in your defensive reaction. A police officer may arrest you for aggravated assault but may not be aware that you were acting in self-defense.
In some cases, especially those involving peace officers, knowingly committing aggravated assault is important. If you can show that you were not aware that the alleged victim was a peace officer, your charge may be reduced.
Many aggravated assault charges involve victims who were acting in an official capacity at the time of the alleged assault. Showing that the victim was either not involved in official duties at the time or was abusing that person’s authority could possibly remove the aggravating circumstance.
If no physical contact or harm occurs, the alleged victim of an assault, aggravated or otherwise, cannot merely claim they were afraid of imminent harm. That fear must be one that an ordinary, reasonable person would experience under the same circumstances.
For example, if you become angry with another person and say, “I ought to slap you,” but do not say or do anything more, you are not committing aggravated assault. This is different from saying, “I’m going to punch your lights out,” with fists closed while aggressively moving toward that person. In the former, it is arguable that a reasonable person would not feel a present threat of harm. In the latter, a reasonable person would.
Reasonableness depends on a case-by-case analysis of the evidence, including factors that may go to your state of mind, the alleged victim’s state of mind and/or your mental capacity and the victim’s mental capacity. If, for example, you have a history of domestic violence and the alleged victim believes you mean it in the “I ought to slap you” statement above, it may be approached differently by the police and prosecutors.
A good criminal defense attorney considers every possible defense for their clients. This includes investigating the conduct of the alleged victim, police, prosecutors, and other law enforcement personnel to ensure that they did not purposefully or inadvertently violate your rights.
For example, if the arresting police officer does not inform you of your Miranda rights or violates them by trying to force a confession after you’ve invoked your right to remain silent and your silence cannot be used against you in court, the entire case could be jeopardized.
In other situations, the truthfulness of the alleged victim might also be questionable. False allegations are not unheard of.
Your defense attorney will need to thoroughly review all the facts and allegations of the prosecution’s case, including interviewing anyone who may have witnessed the alleged assault.
Having an experienced Phoenix aggravated assault lawyer by your side can make all the difference in the outcome of your aggravated assault case.If you have been charged with assault or an assault-related crime in Phoenix, call the Phoenix assault attorneys at AZ Defenders as soon as possible to schedule a free consultation. We are available 24/7 to take your call at (480) 456-6400.