Understanding ARS Aggravated Assault ARS 13 1204
Facing aggravated assault ARS charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the ARS agg assault statute, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona violent crimes attorney. If you are charged with ARS aggravated assault, let Lawyer Listed match you with your ideal violent crimes lawyer as soon as possible.
What Is ARS Aggravated Assault?
Under ARS 13-1204, aggravated assault is a serious offense that covers a wide range of violent conduct. Specifically, aggravated assault occurs when a simple assault includes one or more statutory aggravating factors.
These aggravating factors include causing serious physical injury, using a deadly weapon or dangerous instrument, assaulting a victim who is restrained or unable to defend themselves, committing assault inside a private home after unlawful entry, violating an order of protection, attacking someone under the age of fifteen, or targeting protected individuals such as police officers, prosecutors, teachers, or healthcare workers.
Key Concepts of Aggravated Assault
General Terms
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. Knowingly does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Recklessly: You are aware of and deliberately choose to ignore a significant and unjustifiable risk that could lead to harmful consequences—in assault cases, physical injury of another person. This conscious disregard must represent a substantial departure from how a reasonable person would behave under the same circumstances.
Aggravated Assault Terms
- Knowingly touching: Touching of another person. It does not require direct, person-to-person physical contact. Instead, it is sufficient if the defendant sets in motion a force, process, or some substance that produces some sort of contact with the victim.
- Physical injury: The impairment of physical condition.
- Serious physical injury: 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.
- Dangerous instrument: Anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
- Deadly weapon: Anything designed for lethal use, including a firearm.
- Dangerous offense: An offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
- Dangerous crime against children (DCAC): Category of offenses against victims under fifteen that carries enhanced penalties due to victim vulnerability and offense severity.
- Peace officer: Any person vested by law with a duty to maintain public order and make arrests.
- First responder: A peace officer, firefighter, or paramedic.
Elements of Aggravated Assault
According to ARS 13-1204, aggravated assault occurs when a simple assault includes one or more aggravating factors.
Assault
For an assault conviction, the prosecution must prove you committed one of the following acts:
- Intentionally, knowingly, or recklessly caused physical injury to another person.
- Intentionally placed another person in reasonable apprehension of imminent physical injury.
- Knowingly touched another person with the intent to injure, insult, or provoke that person.
Aggravated Assault
For an aggravated assault conviction, the prosecution must prove:
- You committed an assault, and
- The assault was aggravated by at least one of the following factors:
- Causing serious physical injury to another person.
- Using a deadly weapon or dangerous instrument during the assault.
- Entering the private home of another with the intent to commit the assault.
- Being eighteen years of age or older when the victim was under fifteen years of age.
- Assaulting a peace officer, knowing or having reason to know the victim’s status.
- Assaulting someone summoned and directed by a peace officer.
- Assaulting a protected professional such as a park ranger, firefighter, emergency medical technician, paramedic, prosecutor, public defender, or judicial officer, while engaged in official duties.
- Committing the assault while the victim was bound or physically restrained.
- Committing the assault while the victim’s ability to resist was substantially impaired.
- Assaulting a healthcare provider, or someone summoned and directed by such provider, while performing professional duties.
- Using force that caused temporary but substantial disfigurement, impairment, or fracture of a body part.
- Committing the assault in violation of an order of protection.
Common Aggravating Factors Explained
- Serious physical injury: Under Arizona law, serious physical injury means injuries that create a reasonable risk of death, cause permanent disfigurement, or result in long-term impairment or loss of a body part or organ. This isn’t just any injury—it’s a substantial physical harm that goes beyond minor cuts or bruises. Real-world examples include broken bones that require surgery, severe lacerations that need extensive stitching, internal injuries, traumatic brain injuries, or any injury requiring hospitalization and extended medical treatment.
- Use of a deadly weapon or dangerous instrument: This aggravating factor involves two distinct legal concepts. A deadly weapon is any object specifically designed and manufactured to cause death—guns and certain types of knives typically fall into this category. A dangerous instrument, on the other hand, is any object that, in the way it’s actually used or threatened to be used, is capable of causing death or serious physical injury. Dangerous instruments can include everyday objects like baseball bats, hammers, rocks, bottles, or even motor vehicles when used as weapons to harm someone. What matters isn’t just what the object is, but how it was used in the situation.
- Temporary but serious disfigurement, loss, or impairment: This aggravating factor covers injuries that are severe and noticeable but may not be permanent. Even if the harm eventually heals, it still qualifies as aggravated assault if the injury is serious enough. Examples include deep facial scars that take months to heal, temporary loss of use of a limb or body part, a broken jaw that requires wiring shut, or serious burns that require skin grafts. The injury must be substantial—not minor—and must significantly affect the victim’s appearance or physical capabilities, even if only temporarily.
- Assault on a vulnerable or restrained victim: The law provides extra protection for vulnerable victims. It is an aggravated assault to attack someone who is physically restrained (like being handcuffed or tied up), someone who is physically disabled or incapacitated, or a child under 15 years old.
- Assault in a private home: Aggravated assault occurs if you unlawfully enter a private residence and then intentionally, knowingly, or recklessly commit an assault inside. The critical element is the unlawful entry, meaning you had no legal right or permission to be in the home.
- Assault in violation of a protection order: If a judge has issued a valid order of protection that prohibits you from contacting or being near another person, and you violate the order by committing an assault, it automatically becomes aggravated assault.
- Assault on a protected individual: Arizona law provides special protection for certain people who serve the community. Protected individuals include police officers and peace officers, firefighters and emergency medical personnel, teachers and school employees, prosecutors and public defenders, healthcare workers and hospital staff, and other public servants.
Arizona Statute of Limitations for Aggravated assault
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For aggravated assault, prosecutors generally have up to seven years from the date of the alleged offense to bring charges.
Sentencing for Aggravated Assault
The penalties for aggravated assault in Arizona are substantial and can have long-lasting effects. Sentences vary based on your criminal history and the circumstances surrounding the crime. Understanding these consequences helps you make informed decisions about your defense.
| Class of Felony | Description | Sentence (prison) | Probation (max) |
|---|---|---|---|
| Class 2 DCAC | Victim under 15 years old: Use of a deadly weapon or dangerous instrument Causing serious physical injury |
10 – 24 years | Not Available |
| Class 2 Dangerous | Victim is first responder (includes police officer): Use of a deadly weapon or dangerous instrument Causing serious physical injury |
10.5 – 21 years | Not Available |
| Class 2 Dangerous | Victim is a law enforcement employee or prosecutor: Use of a deadly weapon or dangerous instrument Causing serious physical injury |
7 – 21 years | Not Available |
| Class 3 Dangerous | Use of a deadly weapon or dangerous instrument Causing serious physical injury |
5 – 15 years | Not Available |
| Class 3 | Taking or attempting to exercise control over an officer’s firearm Use of a simulated deadly weapon Victim is law enforcement, first responder, or prosecutor: Causes temporary but serious disfigurement, loss, or impairment Victim is first responder: Causes injury knowing or having reason to know the victim is a first responder |
2 – 8.75 years | 5 years |
| Class 4 | Causes temporary but serious disfigurement, loss, or impairment Assault against a single person aided by two or more accomplices, resulting in physical injury Domestic Violence victim: Impeding breathing/circulation by choking or by obstructing the nose and mouth either manually or through the use of an instrument Law enforcement victim: Causing injury knowing or having reason to know the victim is a law enforcement employee |
1 – 3.75 years | 4 years |
| Class 5 | Assault on a department of corrections official while imprisoned or otherwise in custody Prosecutor victim: Causing injury knowing or having reason to know the victim is a prosecutor |
6 months – 2.5 years | 3 years |
| Class 6 | Assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired Assault after entering the private home of another with the intent to commit the assault Adult assaulting a minor under fifteen years of age Assault on a person in violation of an order of protection Assault on a first responder, constable, teacher, healthcare worker, prosecutor, code enforcer, park ranger, public defender, public transit employee, airport employee, or railway worker |
4 months – 2 years | 3 years |
If you are convicted of aggravated assault against a peace officer, committed while lying in wait or by ambush, your prison sentence will be increased by two years. You will also not be eligible for suspension of sentence, commutation, or release from confinement under any circumstances.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Aggravated assault under Arizona law is a simple assault combined with one or more specific statutory aggravating factors.
- Aggravating Factors: Aggravated assault arises when a simple assault is committed under specific aggravating circumstances defined by Arizona law. Aggravating factors include causing serious physical injury that risks death or permanent harm, using a deadly weapon or dangerous instrument, attacking a victim who is restrained or otherwise unable to defend themselves, committing assault inside a private home after unlawful entry, violating a court protection order during the assault, attacking someone who is under the age of fifteen, or targeting protected individuals such as police officers, prosecutors, teachers, or healthcare workers.
- Sentencing: Aggravated assault in Arizona carries felony penalties that vary widely depending on the circumstances.
- Highest penalties apply when the victim is especially vulnerable—such as a child under 15—or when the assault involves a deadly weapon or causes serious physical injury. These cases can result in decades in prison with no probation eligibility.
- Mid‑level penalties apply to assaults on peace officers, prosecutors, or first responders, assaults involving simulated weapons, or assaults causing substantial disfigurement or impairment. These offenses typically carry multi‑year prison terms, with probation sometimes available in less severe cases.
- Lower‑level penalties apply to situations such as assaults while the victim is restrained, assaults committed inside a private home, domestic violence assaults involving choking, or assaults against protected workers like teachers, healthcare staff, or transit employees. Even these “lower-level” aggravated assaults remain felonies, with penalties ranging from several months to a few years in prison, plus possible probation.
- Statute of limitations: The statute of limitations for aggravated assault is seven years from the date of the offense.
Next Steps:
Aggravated assault is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing aggravated assault Arizona charges, engaging a skilled violent crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.