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Is Assault a Felony in Arizona?

Q: What To Do If You’re Charged With Felonious Assault in AZ?

If you are facing aggravated assault charges in Arizona, you could be facing serious prison time, steep fines, and the loss of your reputation, among a number of other far-reaching consequences. By hiring a local criminal defense lawyer with a reputation for success in cases like your own, you can help ensure that you receive the best possible outcome in your case, potentially shielding you from prison and other punishments.

August 8, 2024

After being accused of assault, you may be wondering “Is assault a felony in Arizona?” At Belén Law Firm, we’re here to answer this question and guide the residents of Arizona through the state’s various forms of assault.

Arizona law defines assault as any act of knowingly, intentionally, or recklessly causing physical injury to another person or putting that person in fear of imminent physical injury. However, the severity of the charge and its corresponding penalties depends entirely on the circumstances surrounding the alleged offense.

If you or a loved one is facing assault charges in Arizona, it’s essential to contact an experienced criminal defense attorney as soon as possible. Our Phoenix assault attorneys at Belén Law Firm can help provide you with the dedicated defense and strategic counsel you need to succeed. We’ll meticulously examine every detail of your case, challenge evidence, and advocate fiercely on your behalf in and out of court. Call our law office at (602) 715-0908 to schedule a free consultation with a criminal defense lawyer on our team today.

What is Considered Assault in Arizona?

In Arizona, misdemeanor assault, also known as simple assault, is defined as intentionally, knowingly, or recklessly causing physical injury, placing someone in fear of imminent injury, or touching someone with intent to injure, insult, or provoke.

ARS § 13-1203

In Arizona, simple assault is defined under ARS § 13-1203, and it encompasses three primary behaviors. First, it involves intentionally, knowingly, or recklessly causing physical injury to another person. If a person commits assault in this manner, they can be charged with a Class 1 misdemeanor, which is the most severe misdemeanor charge someone can face in Arizona.

Second, it includes intentionally placing another person in reasonable apprehension of imminent physical injury. This can result in a Class 2 misdemeanor in Arizona. Third is knowingly touching another person with the intent to injure, insult, or provoke, which can result in a Class 3 misdemeanor.

What is Felony Assault?

Felony assault in Arizona, more commonly referred to as aggravated assault, involves committing an assault with specific aggravating circumstances. This includes causing serious bodily injury, using a deadly weapon, assaulting certain protected individuals, or committing the act in a particularly egregious manner.

ARS § 13-1204

In Arizona, the crime of aggravated assault is prescribed under ARS § 13-1204. According to Arizona law, aggravated assault occurs under certain circumstances, including situations that involve:

Causing Serious Physical Injury: If someone intentionally causes serious physical injury to another person, such as broken bones, severe lacerations, or injuries requiring extensive medical treatment, they can be charged with felony assault.
Assault with a Deadly Weapon: Committing assault while using a firearm, knife, or any dangerous instrument capable of causing death or serious injury can result in felony charges. This includes actively using the weapon, threatening to use it in a manner that causes fear of imminent harm, or even using a simulated deadly weapon.
Inflicting Significant Disfigurement or Impairment: Using force that results in temporary but substantial disfigurement, temporary but substantial loss or impairment of any body part, or fractures, could end in felony assault charges.
Assault on Bound Individuals: Assaulting someone while they are bound or otherwise physically restrained and incapable of resisting could result in a felony assault charge.
Assault on Protected Individuals: Assaulting a certain protected individual, such as a peace officer, police officer, firefighter, emergency medical personnel, health care practitioner, teacher, or judicial officer while engaged in their official duties, could result in a felony in Arizona.
Assault of a Minor: Assaulting someone under the age of 15 (committed by someone 18 years old or older) could also result in a felony criminal charge.
Assault in a Protected Location: Committing assault in someone’s home with the intent to commit harm could be considered a felony offense in Arizona.
Violation of Protective Orders: Committing assault while violating an order of protection issued against the perpetrator, which is designed to prevent contact with the alleged victim, could result in felony charges in Arizona.
Impeding Breathing or Circulation: Intentionally impeding someone’s normal breathing or circulation of blood by applying pressure to the throat or neck or by obstructing the nose and mouth, could be classified as felony assault under Arizona law. However, this typically only applies to acts that could also fall under the definition of domestic violence in Arizona.
Taking Control of Officer’s Weapon or Equipment: Knowingly attempting to take control of a peace officer’s firearm or other weapon or equipment being used by law enforcement or other protected personnel could lead to felony criminal charges.

Each of these circumstances can result in felony charges ranging from Class 2 to Class 6, depending on the specifics of the incident and the harm caused.

Examples of Aggravated Assault in Arizona

According to Arizona’s assault laws, someone could be charged with aggravated assault if they:

Break into someone’s home and beat them
Hit someone who is restrained by zip ties
Lunge at someone with what they believe is a knife
Reach for a police officer’s gun during a traffic stop
Cause bodily harm to a state prosecutor
Break someone’s arm while attacking them
Attack a child under the age of 15
Threaten to use a handgun in an altercation
Attack a prison guard while incarcerated

If you have been accused of aggravated assault as a result of any of the above situations or another situation not described, contact an experienced Arizona aggravated assault attorney regarding your case as soon as possible. They can help ensure that you receive the best possible outcome in your case.

Arizona Felony Assault Jail Time

In Arizona, the jail time for felony assault varies greatly based on the classification of the felony and specific circumstances regarding the case. Below are the different sentencing ranges for various types of felonies in Arizona, depending on the alleged offender’s past criminal record as well as any other relevant case factors:

Class 2 Felony: Between 3 to 35 years in prison
Class 3 Felony: Between 2 to 25 years in prison
Class 4 Felony: Between 1 to 15 years in prison
Class 5 Felony: Between 6 months to 7.5 years in prison
Class 6 Felony: Between 4 months to 5.6 years in prison

If the offense was committed by someone who is 18 or older and the victim was a child under the age of 15, the offense will be enhanced to a Dangerous Crime Against Children, which results in significantly higher sentencing ranges and a harsher punishment overall.

Additional Penalties for Felony Assault Charges

In addition to a lengthy prison sentence, felony assault charges could result in major fines and other penalties, including the loss of certain civil rights such as the right to possess firearms. Not only that, but even after serving their time behind bars, individuals may be subject to probation or parole, which imposes various restrictions on their freedom following release.

A skilled defense attorney can help you get a better understanding of the specific punishments you may be facing and can help develop a strategic defense strategy against the state’s charges to potentially reduce or avoid these punishments altogether.

What To Do If You’re Charged With Felonious Assault in AZ

If you are facing aggravated assault charges in Arizona, you could be facing serious prison time, steep fines, and the loss of your reputation, among a number of other far-reaching consequences. By hiring a local criminal defense lawyer with a reputation for success in cases like your own, you can help ensure that you receive the best possible outcome in your case, potentially shielding you from prison and other punishments.

When you hire a Phoenix criminal defense attorney from Belén Law Firm, we will be able to investigate the circumstances under which the assault occurred to determine whether or not it would constitute felony assault. From there, we can help you understand the charges against you and can craft a sturdy defense on your behalf. Your attorney can also begin negotiating with prosecutors to help you secure a plea deal.

If a favorable plea deal can’t be reached, we can help fight the charges against you in court. In order to be convicted, the prosecution will have to prove beyond a reasonable doubt that you committed the crime, so your attorney will fight tirelessly to ensure the jury has reasonable doubts regarding the incident.

Call a Phoenix Aggravated Assault Defense Attorney at Belén Law Firm Today

Facing charges of aggravated assault in Phoenix, AZ can be daunting and may carry severe legal consequences. At Belén Law Firm, we understand the high stakes involved in these cases and are ready and willing to represent you and help protect your rights throughout the duration of your case.

When you choose Belén Law Firm, you gain a committed legal team that will advocate for you throughout every stage of the legal process. We’ll meticulously analyze every detail of your case, challenge the evidence against you, and craft a strategic defense that aims to secure the best possible outcome, whatever that may look like in your unique situation.

We are committed to offering personalized attention, clear communication, and unwavering support to ensure you understand your legal options and feel supported during this challenging time. Call Belén Law Firm at (602) 715-0908 or contact us via our online contact form to schedule a free consultation with a skilled Phoenix aggravated assault defense attorney today.

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