What are common aggravating conditions for aggravated assault in Arizona?

The most common aggravating conditions are the defendant causing serious physical injury to the targeted person and using a deadly weapon or dangerous instrument while committing the assault. Other scenarios include force resulting in “temporary but substantial” impairment or disfigurement or a fracture of any body part; the targeted person being bound or physically restrained such that their ability to resist was substantially impaired; entering someone else’s private residence with the intent to assault them; the defendant being over 18 and the targeted person under 15; violating an order of protection; the targeted person being a police officer or someone in a comparable position of authority (such as a teacher, firefighter, healthcare practitioner, court official, or employee); attempting to take control of or successfully taking a police officer’s firearm or another tool capable of causing physical harm (such as a Taser); committing the assault while in legal custody against a correctional employee or official; or using a simulated deadly weapon.

What are the potential penalties for aggravated assault in Phoenix?

An aggravated assault charge may be prosecuted as a Class 6 non-dangerous felony up to a Class 2 dangerous felony, depending on the specific aggravating conditions. At a minimum, the sentencing range for a first-time offender could be four months to two years, with a presumptive sentence of one year, and probation may be available under certain circumstances. At a maximum, this range could be seven to 21 years, with a presumptive sentence of 10 years. Additionally, any adult who causes serious physical injury or uses a dangerous instrument or deadly weapon while assaulting someone under 15 may be prosecuted for a Class 2 dangerous felony against children, punishable by a sentencing range of 10 to 24 years, with a presumptive sentence of 17 years.

Why should I contact a Phoenix aggravated assault lawyer?

Aggravated assault is always considered a felony in Arizona and can have potentially life-changing consequences. To improve your chances of securing a favorable result, the page states that help from knowledgeable legal counsel is a necessity and that a conversation with a Phoenix aggravated assault lawyer could give you confidence and clarity on your next steps.

Phoenix Aggravated Assault Lawyer

Q: What counts as aggravated assault under Arizona law?

Under Arizona Revised Statute §13-1204, every instance of aggravated assault begins with someone committing simple assault (defined under A.R.S. §13-1203) with one or more aggravating conditions present.

Q: Can strangling a household or family member be charged as aggravated assault in Arizona?

Yes. Someone may be charged with aggravated assault if they knowingly or intentionally strangle a household or family member.

Phoenix Aggravated Assault Attorney

While simple assault is typically prosecuted as a misdemeanor in Arizona, aggravated assault is always considered a felony. Depending on the circumstances, it may be prosecuted as a “dangerous” felony punishable by longer prison terms upon conviction. Regardless of your criminal history, being charged with aggravated assault is a serious matter with potentially life-changing consequences. The quality of legal counsel you retain can significantly impact the outcome of your case—and the rest of your life.

Fortunately, the help you need to achieve a favorable final case result is available from a Phoenix aggravated assault lawyer at Grand Canyon Law Group. No matter the circumstances, our dedicated Phoenix criminal attorneys will work tirelessly to protect your rights and best interests throughout the legal proceedings.

For a free legal consultation with an aggravated assault lawyer serving Phoenix, call 480-400-5555

WHAT COUNTS AS AGGRAVATED ASSAULT UNDER STATE LAW?

As defined under Arizona Revised Statute §13-1204, every instance of aggravated assault begins with someone committing simple assault—defined under A.R.S. §13-1203—with one or more aggravating conditions present. The most common aggravating conditions are the defendant causing serious physical injury to the targeted person and using a deadly weapon or dangerous instrument while committing the assault.

However, numerous other scenarios could lead to enhanced assault charges, including the following:

The defendant used force resulting in “temporary but substantial” impairment or disfigurement or the fracture of any body part
The targeted person was bound or otherwise physically restrained such that their ability to resist was substantially impaired during the assault
The defendant entered someone else’s private residence with the intent to assault them
The defendant was over 18 years old, and the targeted person was under 15 years old
The defendant violated the terms of an order of protection by committing the assault
The targeted person was a police officer or someone else in a position of comparable authority, such as a teacher, firefighter, healthcare practitioner, court official, or employee
The defendant attempted to take control of or successfully took a police officer’s firearm or some other tool capable of causing physical harm, such as a Taser
The defendant was in legal custody and committed the assault against someone working as a correctional employee or official
The defendant used a simulated deadly weapon while committing the assault

As our skilled Phoenix assault lawyers can explain, someone may also be charged with aggravated assault if they knowingly or intentionally strangle a household or family member.

Phoenix Aggravated Assault Lawyer Near Me 480-400-5555

POTENTIAL PENALTIES FOR AGGRAVATED ASSAULT IN PHOENIX

An aggravated assault charge may be prosecuted as a Class 6 non-dangerous felony up to a Class 2 dangerous felony, depending on the specific aggravating conditions. In such conditions, consulting a Phoenix felony assault lawyer can be helpful for you. At a minimum, the sentencing range for a first-time offender could be four months to two years, with a presumptive sentence of one year. Probation may be available under certain circumstances as well. At a maximum, this range could be seven to 21 years, with a presumptive sentence of 10 years.

Additionally, any adult who causes serious physical injury or uses a dangerous instrument or deadly weapon while assaulting someone under 15 may be prosecuted for a Class 2 dangerous felony against children. This offense is punishable by a sentencing range of 10 to 24 years, with a presumptive sentence of 17 years. The aggravated assault lawyers at our firm can explain the penalties associated with a particular charge and work to prevent them by building a strong defense strategy.

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CONTACT A PHOENIX AGGRAVATED ASSAULT LAWYER TODAY

Aggravated assault charges can result from various circumstances, many of which do not involve serious physical harm. To improve your chances of securing a favorable result from your legal proceedings, help from knowledgeable legal counsel is a necessity.

A conversation with a Phoenix aggravated assault lawyer could give you confidence and clarity on your next steps. Call Grand Canyon Law Group today to set up a consultation.