Aggravated Assault: When a Weapon or Dangerous Instrument Is Involved

Assault charges in Arizona can escalate quickly, especially when a weapon or dangerous instrument is involved. What might have been a misdemeanor can turn into aggravated assault, a felony offense that carries mandatory prison time if convicted.

At Grand Canyon Law Group, we have extensive experience defending clients facing these serious charges. Understanding the law, knowing what qualifies as a weapon, and getting the right defense team on your side can make all the difference in protecting your future.

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How an Assault Becomes a Felony in Arizona

Aggravated assault is essentially a more severe version of misdemeanor assault, but the stakes are much higher. Previously, we discussed how an assault charge can become a felony based on the status of the victim—such as police officers, healthcare workers, or minors.

Another way a simple assault becomes aggravated assault is if a weapon or dangerous instrument is used or displayed during the incident.

Under ARS § 13-1204, a person can be charged with aggravated assault if:

They use or threaten someone with a deadly weapon or dangerous instrument during an assault.

The key point is that no actual injury is required—merely having or displaying a weapon in a threatening way can result in a felony charge.

What Qualifies as a Deadly Weapon or Dangerous Instrument?

Arizona law breaks these into two main categories:

1. Deadly Weapon

A deadly weapon is defined under ARS § 13-3101 as:

“Anything designed for lethal use, including a firearm.”

Any gun, whether loaded or not, is automatically considered a deadly weapon under Arizona law.

Even if a firearm is never fired or used, simply having one during an altercation can result in aggravated assault charges.

2. Dangerous Instrument

A dangerous instrument is any object that can cause serious injury or death, depending on how it is used.

Common examples include:

A vehicle – If a driver swerves toward someone or uses their car aggressively.
A baseball bat – Harmless in a game but a weapon if swung at someone in anger.
A knife – Even if not used, brandishing it during an argument can escalate charges.
Household objects – A glass bottle, frying pan, or even a cell phone can qualify if used in a threatening manner.
A dog – If someone commands their dog to attack, it could be considered a dangerous instrument.

Arizona law allows prosecutors broad discretion in determining what qualifies as a dangerous instrument, meaning even everyday objects can lead to serious felony charges.

Why This Charge Is So Serious

Being convicted of aggravated assault with a deadly weapon or dangerous instrument means facing mandatory prison time—with no option for probation.

Penalties for Aggravated Assault with a Deadly Weapon or Dangerous Instrument

Class 2 Felony (Serious Injury or Use of a Firearm)
- 7 to 21 years in prison
- No probation available
Class 3 Felony (No Serious Injury)
- 5 to 15 years in prison

Since aggravated assault with a weapon is classified as a “dangerous offense”, Arizona law requires a prison sentence upon conviction. Judges cannot sentence someone to probation instead of prison.

Defending Against Aggravated Assault Charges

Because aggravated assault is a felony with severe consequences, securing experienced legal representation is essential.

At Grand Canyon Law Group, we fight these cases by:

Challenging Intent – If the weapon or object was not intended to be used as a weapon, we argue that it should not be classified as a dangerous instrument.
Lack of Evidence – If the prosecution cannot prove a weapon was used or displayed in a threatening manner, the charges could be dismissed or reduced.
Self-Defense – If you were protecting yourself or someone else, we present evidence to justify your actions.
Disputing Witness Testimony – We challenge inconsistent stories and analyze any available surveillance footage.

Why You Need the Right Attorney on Your Side

Given the mandatory prison sentences and life-altering consequences of an aggravated assault conviction, taking swift action to build a strong defense is critical.

At Grand Canyon Law Group, our attorneys are former prosecutors who understand how the state builds these cases—and we know how to fight them.

We handle cases across Maricopa County (Phoenix, Mesa, Scottsdale, Chandler, Peoria, Gilbert, Glendale) and Pinal County (Casa Grande, Florence, Apache Junction).

What Sets Us Apart?

Former prosecutors – We know both sides of the legal system.
Aggressive defense strategies – We challenge evidence, question witnesses, and negotiate for reduced or dismissed charges.
Personalized approach – Every case is unique, and we provide tailored defense strategies.