Assaulting anyone in Arizona, regardless of whether you intended to assault them or not, is a crime. In many cases, assault only rises to a misdemeanor offense when a person knowingly or intentionally touches another person with the intent to cause them physical injury. In certain cases though, assault can become a felony, and when that happens, it is referred to as aggravated assault. If you have been charged with an assault of any degree, you should talk with a criminal defense attorney experienced in handling assault charges before you talk to anyone else.
Aggravated Assault in Arizona
Aggravated assault charges will arise when specific criteria are present in an assault case. A person may be charged with aggravated assault if they knowingly, intentionally, or recklessly insult, provoke, injure or otherwise cause physical harm to another person and they engage in one or more of the following behaviors:
- they seriously injure the person
- they use a dangerous object or other deadly weapon
- they use such force that they cause temporary but serious disfigurement, fracture or loss of body part, or impairment of an organ
- they physically restrain or impair the victim’s ability to resist the assault
- they entered into a private residence with the intent to assault someone
- they are 18 or older and assault someone under the age of 15
- they assault someone while a restraining order against them is in effect
- they attempt to take control of a police officer’s weapons
- they assault a public officer or employee
Regardless of what type of aggravated assault is committed, the perpetrator, if convicted, will spend some time in prison. Let’s take a look at sentencing below.
Sentences for Aggravated Assault in Arizona
Aggravated assault charges range from a Class 2 to a Class 6 felony, with Class 2 being the most severe penalty. First time offenders who are charged with aggravated assault in Arizona can expect to see these types of penalties:
- Class 6 – 18 months to 3 years in prison, with a presumptive term of 27 months.
- Class 5 – 2 to 4 years in prison, with a presumptive term of three years.
- Class 4 – 4 to 8 years in prison, with a presumptive term of six years.
- Class 3 – up to 15 years in prison, with a presumptive term of seven and a half years.
- Class 2 – 7 to 21 years in prison, with a presumptive term of ten and a half years.
If you are charged with aggravated assaults you may also face fines of up to$150,000, plus restitution and other fees as the court feels are appropriate.
Don’t Fight Aggravated Assault Charges Alone
Many people feel they can fight for assault charges on their own. This is a bad idea. Having an attorney on your side can make the difference between freedom and spending most of your life in prison. If you’ve been charged with assault, you need to speak with an attorney, call us today to set up a free legal consultation.
Posted in: Assault Crimes