Understanding Aggravated Assault Arizona: ARS 13 1204
Facing aggravated assault Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona aggravated assault laws under ARS 13 1204. It explains key terms and sentencing guidelines, including Aggravated Assault Arizona jail time. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with aggravated assault Arizona, consult with a qualified Phoenix aggravated assault attorney as soon as possible.
What Constitutes Aggravated Assault in Arizona?
ARS 13-1204 defines Arizona aggravated assault, covering crimes like Arizona aggravated assault with a deadly weapon, aggravated assault on a police officer Arizona, and aggravated assault on a minor in Arizona. The state of Arizona classifies aggravated assault as a felony, making it much more serious than simple assault. Several factors elevate a simple assault to aggravated assault. These factors significantly impact sentencing.
Aggravated assault occurs when a simple assault includes one or more of these aggravating factors:
- Serious Physical Injury: Serious physical injury refers to injuries that can lead to death, permanent disfigurement, or significant bodily harm. Examples include broken bones, severe lacerations, or injuries requiring extensive medical treatment.
- Use of a Deadly Weapon or Dangerous Instrument: A deadly weapon is designed to kill. A dangerous instrument is capable of causing serious injury or death in the circumstances used. Dangerous instruments include firearms, knives, blunt objects, and even vehicles used as weapons.
- Temporary but Serious Disfigurement, Loss, or Impairment: This means serious but temporary physical harm. Examples include deep scars, temporary loss of function in a body part, or a broken bone.
- Assault While Victim is Restrained or Helpless: Assaulting a victim who is physically restrained, significantly impaired, or under 15 years old constitutes aggravated assault.
- Assault in a Private Home: An intentional assault after unlawfully entering someone’s home is an aggravated assault.
- Assault in Violation of a Protection Order: Assaulting someone when a court order prohibits contact.
- Assault on a Protected Individual: Attacking protected individuals like police officers, firefighters, teachers, healthcare workers, and prosecutors is a serious crime. An assault on one of these individuals while they work automatically qualifies as an aggravated assault.
Sentencing for Aggravated Assault:
Aggravated assault is a felony in Arizona. Penalties for aggravated assault are severe and vary greatly depending on the specific circumstances of the crime. The seriousness of the injuries, use of a weapon, and the victim’s status significantly influence sentencing.
| Class of Felony | Description | Sentence (Prison) |
|---|---|---|
| Class 2 | Involves the use of a deadly weapon or dangerous instrument or causing serious physical injury in the assault of a police officer, peace officer, prosecutor, or minor. | 10.5 to 21 years |
| Class 3 | Involves the use of a deadly weapon or dangerous instrument, causing serious physical injury, or causing temporary but substantial disfigurement to a protected person. | 5 to 15 years |
| Class 4 | Involves serious injury or significant temporary disfigurement. | 4 to 8 years |
| Class 5 | Involves assaulting a protected person without causing serious injury. | 2 to 4 years |
| Class 6 | Involves assaults on helpless victims or assaults in a private home. | 1.5 to 3 years |
In addition to prison, you may face substantial fines (potentially exceeding $150,000), mandatory probation, restitution to the victim, community service, and mandatory counseling. Prior criminal convictions significantly increase the likelihood of a longer prison sentence.
Frequently Asked Questions:
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 and Scope: ARS 13-1204 defines aggravated assault, including crimes like aggravated assault with a deadly weapon, assault on a police officer, and assault on a minor. This is considered a felony and is more severe than simple assault.
- Aggravating Factors: Aggravated assault involves factors such as causing serious physical injury, using a deadly weapon, attacking a restrained or helpless victim, or assaulting a protected person like a police officer, prosecutor, or healthcare worker.
- Sentencing: Penalties vary based on the severity and circumstances of the crime, ranging from 1.5 to 21 years in prison. Aggravated assault with a deadly weapon or causing serious physical injury carries the heaviest sentences.
Next Steps:
Aggravated assault Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona aggravated assault charges, under ARS 13 1204, engaging a skilled Phoenix aggravated assault attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced Phoenix aggravated assault lawyer on your side right away.