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Originally Posted On: https://thevalleylawgroup.com/blog/guide-aggravated-assault-az/
A Guide to Aggravated Assault in Arizona
Aggravated assault is a violent crime distinguishable from simple assault by one or more additional, or aggravating, factors. As a result, penalties are much more severe for aggravated assault than its cousin, simple assault. Learn more about both types of assault, aggravating factors, the penalties involved, potential defenses, and how The Valley Law Group can help with this guide to aggravated assault.
Aggravated Assault in Arizona
Aggravated assault is a serious felony in Arizona with life-changing penalties. It is not to be confused with simple assault, which is charged as a misdemeanor; aggravated assault is an assault charge that also carries certain aggravating factors that may mean harsh fines and years in prison. That’s why it is so crucial to secure the services of a skilled aggravated assault attorney to advocate for you in court.
A felony assault lawyer in Arizona can examine the circumstances of your case and help you build a defense that could preserve your freedom. For example, many cases of aggravated assault involve misunderstandings and overcharged offenses, while others are really cases of self-defense or defending others. If this is your situation, working with an attorney can help you gather evidence and witness statements, negotiate your charges, and potentially even get your case dismissed.
It is important to note that Arizona law expands assault penalties based on the extent of injuries, if there were weapons involved, and who was harmed in the assault. For example, assault against peace officers, minors, pregnant women, and more can result in more significant penalties.
Aggravated assault charges can threaten your financial security, your reputation, your livelihood, your social life, and even your freedom. It is essential to have an experienced aggravated assault attorney on your side if you are facing these charges. Contact our Arizona criminal defense attorneys immediately if you are arrested for aggravated assault in Arizona.
What Is Aggravated Assault in Arizona?
Aggravated assault in Arizona is defined as assault that also involves certain aggravating factors.
Simple assault consists of intentionally causing injury, threatening to cause injury, or touching someone in a provoking or potentially injurious way. For example, an incident of pushing someone that results in a bruise or laceration can be considered aggravated assault. Aggravated assault involves an intentional act causing serious physical injury that is too serious to be classified as simple assault, or in a manner that includes aggravating factors. This may mean crimes like hitting someone with a bat or other instrument, causing disfigurement or a broken bone.
Aggravating factors are specific circumstances defined by Arizona state law that can increase the severity of the crime itself and also its penalties. For example, one of the most common aggravating factors for assault is the use of a deadly weapon, because it both conveys intent to injure and can cause serious harm. Such cases can also result in weapons charges in Arizona, further increasing the penalties.
ARS §13-1204 Explained
In Arizona, Penal Code ARS §13-1204 outlines the definition and related charges for aggravated assault. This is an extensive law that outlines every action that can be classified as aggravated assault, as well as how it is distinguished from simple assault. In most cases, aggravated assault begins as simple assault but becomes aggravated due to certain factors.
The factors that elevate assault to aggravated assault include:
- The use of a deadly instrument or deadly weapon (such as a gun)
- Inflicting serious physical injury
- Causing severe but impermanent disfigurement, impairment of bodily functions, or fractures
- The assault of certain protected individuals, such as a police officer, firefighter, healthcare worker, teacher, or pregnant woman
- The assault of a person who is restrained or who can’t defend themselves
- The assault of a person during a home invasion
- The assault of a person under 15 by a person 18 or older
- Violating an order of protection to commit assault
- Taking or attempting to take a peace officer’s weapon to commit assault
- Assault by a restrained person or a person in police custody
Penalties for Aggravated Assault in Arizona
Because aggravated assault causes serious physical injury to another person, notwithstanding the emotional, mental, and psychological injury endured, the penalties are much harsher than those associated with simple assault. If you are charged with aggravated assault, you could be facing anywhere from Class 2 to Class 6 felony charges, depending on the circumstances of your case and the severity of the incident.
For example, you may be facing a Class 2 felony if you commit aggravated assault upon a minor under 15 or if you commit aggravated assault with a deadly weapon upon a prosecutor or police officer. Most other aggravated assault charges are Class 6 felonies. For these charges, you could face 18 months to 21 years in prison.
The sentencing guidelines pursuant to ARS § 13-704(A) for Class 2 to 6 felonies state the following:
- Class 2: 7-21 years in prison
- Class 3: 5-15 years in prison
- Class 4: 4-8 years in prison
- Class 5: 2-4 years in prison
- Class 6: 18 months to 3 years in prison
Your lawyer may be able to negotiate your sentencing depending on the circumstances of your case. However, there are mandatory minimum sentences if weapons are involved or if the victim sustained serious injuries.
Serious injuries generally involve injuries causing a significant risk of death and may also include:
- Disfigurement
- Broken bones or limbs
- Loss of consciousness
- Internal bleeding or organ damage
- Intentionally inflicting a disease by spitting, biting, and more
- Severe lacerations
- Lost or broken teeth
Your sentencing may also be extended if you have prior convictions, especially if they are prior violent crime convictions. In addition to serving prison time, you may be required to pay up to $150,000 in fines. In some cases, you may be able to serve probation rather than prison time, but this is dependent on the severity of your crime and your lawyer’s skillset and ability to negotiate your sentencing.
Common Situations Leading to Aggravated Assault Charges in Arizona
While aggravated assault is sometimes premeditated, many cases evolve because of a person being in the wrong place at the wrong time. In these instances, a person may or may not have intended to cause harm. Usually, these situations result from heated or tense situations.
Some common examples of situations that lead to aggravated assault include:
Escalated Domestic Violence
Sometimes, a dispute with a spouse or family member intensifies and becomes violent. In these situations, you may not have intended to harm your loved one, but the situation progressed beyond your control. Domestic violence defense in Arizona, when constructed by a skilled aggravated assault attorney, can help you avoid conviction or reduce your sentencing
Road Rage Incidents
Most people have been in situations where another driver cuts them off or drives aggressively; however, true road rage incidents involve a confrontation between drivers. If this occurs, tempers can flare, igniting a fight. While sometimes the incident stops with an argument, in other cases, the situation becomes violent, resulting in injury.
Assaulting an Officer During an Arrest
Assaulting an officer is one of the more serious assault charges. Sometimes, there is an unlawful arrest that leads to overwhelming frustration and assault because of the grave sense of injustice.
Bar Fights or Fights at Sports Events
Bars and certain sports events can be prime places for fights to occur. Depending on whether or not alcohol is involved, these fights can become intense and lead to serious harm.
Heated Arguments Leading to Violence
Not many people expect an argument to turn into a fight, but sometimes, this circumstance occurs.. Being disrespected or provoked may lead to violence, depending on the individuals involved and the circumstances surrounding the initial spat.
Defenses Against Aggravated Assault Charges in Arizona
If you find yourself in one of the above situations and assault charges are levied against you, there are several defenses available to you. If you are willing to fight your charges, you must develop a defense that helps prove your innocence. Other times, a judge may unfairly exacerbate a simple assault charge.
The most commonly used defenses for aggravated assault include, but are not limited to:
- Defending yourself for someone else, usually a loved one
- Lack of intent or knowledge/accidentally causing an injury
- Being falsely accused because of a mistaken identity or other factors
- There was no serious injury or deadly weapon involved
- The victim escalating or provoking the situation
What to Do If You’re Accused of Aggravated Assault in Arizona
If you or your loved one has been arrested and charged with aggravated assault, you are likely wondering what comes next. As mentioned, the penalties for aggravated assault are stiff and could mean spending a significant part of your life behind bars. Therefore, the first thing you should do is avoid speaking to an officer, or anyone else for that matter, without your attorney present. If you are in the pre-charge phase, meaning you have only been arrested or investigated but not yet formally charged, this is an ideal time to consult with a lawyer.
Next, preserve any evidence or witness testimony that may absolve you of guilt. For example, you may have evidence that you did not use a weapon and that there were no severe injuries. Or, you may have evidence showing that you were hit or injured first, and that resulted in an assault to defend yourself. In other cases, you may have evidence to prove an alibi or witness testimony that proves your innocence. Whatever the case, do not discard evidence that can help your case.
Finally, if you are charged with aggravated assault, do not delay while seeking legal counsel. In Arizona, early defense matters when it comes to felony cases. Enlisting the help of a criminal lawyer early also helps you avoid making mistakes in your case. This could be revealing details to the wrong person, diminishing the quality of your evidence, or even filing documents incorrectly. Fortunately, an attorney may be able to help you avoid the most severe penalties.
The Arizona Criminal Defense Process
The criminal defense process in Arizona is much like the criminal process in other states, consisting of six main steps plus the appeals process. You can and should consult with a lawyer at any stage of the process to improve your chances of fighting your charges and winning your freedom.
This criminal defense overview for Arizona can help you understand what you’re up against if you face aggravated assault charges.
The Arrest
The arrest is the first step of the criminal process in Arizona. The defendant may have been caught in the act by law force intervention, or they may be under investigation, which led to their arrest. In Arizona, the prosecution only has 24 hours to bring the defendant before a judge for an initial appearance; if this time lapses, they may be released.
The Initial Appearance
At the initial appearance, the judge will inform the defendant of the charges against them and determine whether there is probable cause to believe they committed a crime. The defendant will also be informed of their rights, including the right to remain silent and to be represented by an attorney. The defendant may also be released on bail at this phase.
Preliminary Hearing
Since aggravated assault is a felony crime, the defendant will likely have a preliminary hearing where the judge hears witness testimony and evidence from both the defense and the prosecution. If there is probable cause, an arraignment date will be set, and the defendant will be held for trial.
Grand Jury
In some cases, a grand jury of 12 citizens determines whether there is probable cause to formally bring charges. However, the defendant and their attorney are usually not present before a grand jury, which will hear evidence and witness testimony.
Arraignment
In this step, the defendant will either plead guilty, not guilty, or no contest to the charges against them. If they plead not guilty, the case goes to trial. However, if they plead guilty or no contest, the judge will set a date for sentencing.
The Trial
You have a right to go to trial if you maintain your innocence. Your case may be heard before a judge or a grand jury. It is highly recommended to hire a lawyer to represent you if your case goes to trial. This is especially true if the victim has one.
Why You Need an Experienced Phoenix Assault Defense Attorney
Aggravated assault is one of the most serious violent crimes in Arizona and also the most prevalent. According to a 2022 Arizona Crime Statistics Report, instances of aggravated assault increased by over 5% from the previous year, and there were 23,125 cases. Of those cases, about 40% were cleared. This may seem promising if you are charged with aggravated assault, but the chances of your case being dismissed are reduced if you do not seek a lawyer’s counsel.
An Arizona aggravated assault attorney can improve your chances of positive outcomes by thoroughly investigating the evidence against you as well as meticulously analyzing police reports. Experienced lawyers are knowledgeable about the Arizona criminal justice system and may be able to identify flaws or misapplication of justice.
If you maintain your innocence or believe that other circumstances impacted your cases, your lawyer may be able to secure dismissal of your charges. Not only does felony aggravated assault result in prison time and possible fines, but it also goes on your permanent criminal record. A criminal record can impede your access to serious opportunities, such as gaining employment, securing housing, pursuing educational opportunities, maintaining professional licenses, and your ability to vote and own a firearm.
If your lawyer cannot get your charges dismissed, they may be able to negotiate with the opposing attorney and secure a reduction. For example, you may be able to get an aggravated assault charge reduced to simple assault; your lawyer may be able to negotiate a reduction in your prison time, fines, or both.
Contact Our Aggravated Assault Attorneys
Resources:
- Arizona Legislature. (n.d.). Arizona Revised Statutes §13-1204 – Aggravated assault; classification. Retrieved May 8, 2025, from https://www.azleg.gov/ars/13/01204.htm
- Arizona Supreme Court. (2024). Arizona sentencing chart: Criminal code sentencing provisions, 2024–2025. https://www.azcourts.gov/Portals/34/2024-2025%20SC.pdf?ver=7aH3twYZ7yRlRaxyejYMCA%3d%3d
- Arizona Department of Public Safety. (2022). Violent crimes report – Arizona: 2022. Arizona Crime Statistics. https://azcrimestatistics.azdps.gov/tops/report/violent-crimes/arizona/2022
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.