What Is the Sentence for Aggravated Assault in Arizona?

Aggravated assault in Arizona is a violent offense that involves causing serious bodily harm or using a deadly weapon during an assault. Factors like the severity of the injuries, the use of a weapon, and the intent of the defendant will all affect the sentence. Anyone charged with aggravated assault in Arizona would be well-advised to hire a competent, reputable Scottsdale criminal defense lawyer to help ensure the best possible outcome. 

What Is Arizona’s Aggravated Assault Law?

The state’s aggravated assault law is defined in Arizona Revised Statutes §13-1204. This law outlines the elements that constitute aggravated assault and the penalties associated with this offense. According to the statute, a person can be charged with aggravated assault if they injure someone else and either: 

• Inflict serious physical injury upon that person during the assault or 
• Use a deadly weapon or dangerous instrument during the assault

A.R.S. §13-1204 Defined

Again, under Arizona law, an assault occurs when a person intentionally, knowingly, or recklessly causes physical injury to another person. It can also involve intentionally placing another person in reasonable apprehension of imminent physical injury. In the context of aggravated assault, the assault must result in serious physical injury or involve the use of a deadly weapon or instrument, which is explained more in depth below.

What Is Aggravated Assault on a Police Officer?

Aggravated assault on a police officer is elevated over a “regular” aggravated assault charge in Arizona. It’s a serious offense with harsh penalties, to say the least. Arizona law defines aggravated assault on a police officer as knowingly assaulting a law enforcement agent, firefighter, prosecutor, judicial officer, or healthcare provider who is engaged in the execution of their official duties. This offense is considered aggravated because it involves the assault of a public servant trying to protect the community.

What Is “Serious Physical Injury”?

The term “serious physical injury” is a key component in determining the severity of aggravated assault charges in Arizona. Serious physical injury is a legal term defined as an injury that creates a substantial risk of death, causes serious and permanent disfigurement, or results in the impairment or loss of a bodily organ or limb. The severity of the injury plays a key role in the potential sentence faced by the defendant.

What Is a “Deadly Weapon or Dangerous Instrument”?

In Arizona, a deadly weapon is defined as any instrument, article, or substance that is designed for lethal use or could cause death or serious physical injury. This includes firearms, knives, and other objects specifically designed to injure. A dangerous instrument, on the other hand, is a broader category that includes any object that, when used in a certain manner, can inflict serious bodily harm or death. Dangerous instruments might include baseball bats, crowbars, or even a vehicle used with intent to cause harm.

Penalties for Aggravated Assault in Arizona

The penalties for aggravated assault in Arizona vary depending on the specific circumstances, as with any crime. As Scottsdale criminal defense lawyers, we can say that aggravated assault is generally charged as a felony. The severity of the charge depends on the use of a deadly weapon, the extent of the victim’s injuries, and the intent of the defendant.

• Class 2 felony: Aggravated assault committed with a deadly weapon or dangerous instrument and causing serious physical injury.
• Class 3 felony: Aggravated assault caused by recklessly causing serious physical injury or intentionally causing physical injury to a peace officer, firefighter, prosecutor, judicial officer, or healthcare provider.
• Class 4 felony: Aggravated assault committed without a deadly weapon or dangerous instrument but still causing serious physical injury.

Aggravated assault can be classified as a felony offense in Arizona, which carries more severe penalties compared to misdemeanor offenses. A conviction for aggravated assault can lead to a prison sentence ranging from five to twenty-one years. The specific length of the sentence will depend on the circumstances of the case and the judge’s discretion. In addition to potential jail time, your sentence may include probation, parole, fines, restitution, and mandatory counseling or therapy. Again, the judge will consider mitigating and aggravating factors when determining the appropriate sentence.

Defenses to Aggravated Assault Charges

You’ll want to put up the strongest possible defense strategy, which definitely means hiring the best Scottsdale criminal defense lawyer you can find. Some possible defenses your lawyer might put together for your aggravated assault charge include:

• Self-defense: If you, as the defendant, reasonably believed that you were in immediate danger of being physically harmed, your attorney can argue self-defense.
• Lack of intent: If you did not intend to cause serious bodily harm or act recklessly, your lawyer can argue that causing such an injury was not your intention.
• Mistaken identity: If there is doubt about the identity of the assailant, your defense attorney can argue that you were not responsible for the assault.

Crafting an effective defense means a thorough examination of the evidence, a solid understanding of the law, and a skilled, passionate Scottsdale criminal defense attorney.

Can an Aggravated Assault Be Dismissed or Reduced?

While every case is different, it is legally possible to have aggravated assault charges dismissed or reduced. This can occur, again, through negotiation with the prosecution, presenting a strong defense, or challenging the evidence against the defendant. The feasibility of dismissing or reducing the charges will depend on the specific facts of the case and the legal strategies available to your defense attorney.

How a Scottsdale Criminal Defense Lawyer Can Help

If you or a loved one is facing charges of aggravated assault in Arizona, you’ll no doubt want the guidance and representation of a strategic, knowledgeable, and trustworthy Scottsdale criminal defense lawyer. The Law Offices of John Phebus understand aggravated assault cases and are experienced working within the Arizona legal system.

Our crew of seasoned and hard-working attorneys will assess the details of your case, explore all possible defenses, and hustle to secure the best outcome for you. We know the importance of building a strong defense strategy and advocating for your rights. To set up a free legal consultation and case review, please contact our offices now.

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