Felony Aggravated Assault Charges in Arizona (ARS 13-1204)

Home Felony Aggravated Assault Charges in Arizona (ARS 13-1204)

Quick Links:

The Shaw Law Firm has represented hundreds of people who have been charged with serious crimes and is ready to create a vigorous defense. Here is what you need to know about felony aggravated assault charges and the potential defenses that might be available to you.

 


Facing Charges of Felony Aggravated Assault

A felony aggravated assault charge is a serious offense that needs to be taken seriously as it can result in severe penalties. If you are convicted of felony aggravated assault, you may be sentenced to serve years in prison, face tens of thousands of dollars in fines, lose your rights to possess or own firearms and face ongoing collateral consequences long after your sentence is completed.

Felony aggravated assault offenses can be charged in several situations. While you might not have intended to commit aggravated assault, you can be charged with this offense if you used a weapon, caused serious injuries to someone else, assaulted a law enforcement officer, or committed an assault in which other aggravating factors were present.

If you have been charged with this offense, you should retain an experienced criminal defense lawyer as soon as possible.

Was Your Offense Not Listed as a Felony? Visit our Assault and Battery Page.


Speak to Arizona Defense Attorney Arja Shah Now

We are Open and Available to answer any questions. Schedule a Free Consultation Today.
Shah Law has successfully defended over 2,700 clients. We are on your side!


What Does Felony Aggravated Assault Mean?

Under ARS 13-1203, an assault occurs when a person intentionally, knowingly, or recklessly injures someone else, intentionally places another person in fear of an imminent physical injury or knowingly touches another person with the intent to provoke, insult, or injure him or her. Under this statute, a regular assault is a class three to class one misdemeanor, depending on the particular action and circumstances. However, if specific aggravating factors exist, a person can be charged with a felony aggravated assault under ARS 13-1204.

A felony aggravated assault can be charged when a person causes another person to be seriously injured or when the defendant uses a weapon.

Some other aggravating circumstances can cause a simple assault to become an aggravated assault. In addition to causing a serious injury or significant disfigurement to another person, aggravated assault may be charged when the defendant uses a dangerous instrument or weapon to cause someone else to fear an imminent serious injury.

For example, if you use your vehicle to try to run over someone else, you could be charged with aggravated assault.

Under ARS 13-1204, you can also be charged with aggravated assault when you commit a simple assault on someone who has a status as a public servant. For example, if you assault a teacher, prosecutor, police officer, or prison guard, you can be charged with aggravated assault even if the person was not seriously injured.

An aggravated assault may also be charged if you are 18 or older and assault a minor who is 15 or younger. The potential penalties that you might face will depend on which particular provision of the statute you are charged with violating.


What are the Penalties for Aggravated Assault Charges?

The statute covering aggravated assault is complex and detailed. The penalties and offense grading depend on the facts of the offense. Because the statute and penalties are confusing, it is a good idea to consult with the Shah Law Firm to determine the penalties that you might face if you are convicted. Some examples of different penalties and offense grades for different types of aggravated assault are covered below.

– Aggravated Assault with a Deadly Weapon or Dangerous Instrument

If you are convicted of committing an aggravated assault while you were using a deadly weapon or dangerous instrument, it is a class 3 dangerous felony.

  • First Offense – You will face a minimum of 5 years in prison, 7.5 years in prison as the presumptive sentence, or a maximum of 15 years.
  • One prior conviction for a dangerous felony, your sentencing range will be increased to 10 years minimum, 11.25 years presumptive, and a maximum of 20 years in prison.
  • Two prior convictions for dangerous felonies, the mandatory minimum sentence is 15 years. The presumptive sentence will be 20 years, and you can face up to a maximum of 25 years in prison.

– Aggravated Assault Causing Serious Injuries or Disfigurement Without a Weapon

If you seriously injure someone or cause significant disfigurement to him or her with the required mental state, you will be charged with a class 3 non-dangerous felony offense. The penalties that you will face if you are convicted as charged include the following:

  • First Offense – Probation with up to 1 year in jail, or prison from 2 to 8.75 years
  • One Prior Conviction – Mandatory minimum of 3.5 years, up to 16.25 years in prison
  • Two Prior Convictions – Mandatory minimum sentence of 7.5 years up to a maximum of 25 years

If the offense did not cause serious injuries but caused temporary and significant disfigurement or a fracture, a conviction is a class 4 non-dangerous felony with the following penalties:

  • First Offense – Probation with up to 1 year of jail, or prison from 1 to 3.75 years
  • One Prior Conviction – Prison from 2.25 years to 7.5 years
  • Two Prior Convictions – Prison from 6 to 15 years

– Aggravated Assault Based on the Status of the Victim

An assault that would otherwise be a misdemeanor but is charged as an aggravated assault based on the special status of the victim is a Class 6 felony. The special statuses include the following roles:

  • Law enforcement officer
  • Teacher
  • Health care provider
  • Prosecutor
  • Prison guard

If you are convicted of this Class 6 felony, the penalties that you will face include the following:

  • First Offense – Probation with up to 1 year in jail, or prison from 4 months up to 2 years
  • One Prior Conviction – Prison from 9 months up to 2.75 years
  • Two Prior Convictions – Prison from 2.25 years up to 5.75 years

If you are convicted of knowingly or intentionally assaulting a law enforcement officer while he or she is performing his or her duties, causing serious injuries to a police officer, or using a deadly weapon that causes serious injuries to the officer, you will be charged with a Class 2 felony.

If you are convicted of this offense, you will be required to serve at least the presumptive sentence. The penalties that you will face if you are convicted of this offense include the following:

  • First Offense – Minimum 10.5 years in prison up to a maximum of 21 years
  • One Prior Conviction – Prison from 15.75 years up to 28 years
  • Two Prior Convictions – Prison from 28 years up to 35 years

– Aggravated Assault on a Victim Younger than 15 Years Old

If you are convicted of committing an aggravated assault on a victim who is under the age of 15, you will have a Class 2 felony on your record. However, this type of offense is classified as a dangerous crime against a child, and it carries substantially higher prison sentences. An attorney can help you to understand the penalties that you might face for this type of offense.


Can a Defense Attorney Help with Felony Aggravated Assault Charges?

Arja Shah from Shah Law Justia Rated 10.0The defenses that might be available in your case will depend on the circumstances of what happened. Self-defense under ARS 13-404 is commonly raised in aggravated assault cases. Self-defense may be raised when the alleged victim used physical force or threatened you with harm first and did not withdraw from the encounter. In these situations, the alleged victim is the initial aggressor. Many of these types of cases involve alleged victims who have been drinking.

In cases in which the alleged victim is a law enforcement officer, it will be important to present evidence that the defendant did not know of the alleged victim’s special status. Your attorney might also try to show that the officer was not executing his or her official duties when the assault allegedly occurred.

When your lawyer works to build a defense, he or she may interview any witnesses that saw what happened. He or she might also search for witnesses who saw what happened but are not listed in the officer’s report. Your lawyer might try to find video from security cameras in the area to see what happened.

In some cases, a victim will ask for the charges to be dismissed. However, charges are brought by the state instead of the victim. The state can compel a victim to testify against you even if he or she does not want to do so. In this type of situation, it is sometimes possible for your attorney to negotiate a plea to a lesser offense or convince him or her to dismiss the case.


What are My Constitutional Defenses?

In some aggravated assault cases, there may be some available defenses based on violations of the defendant’s constitutional rights. For example, if the police failed to read the Miranda warnings to you after your arrest and interrogated you, your lawyer might be able to get any statements that you subsequently made suppressed.

This would mean that the prosecutor would not be able to use what you said during the interrogation against you. Any evidence that the police were able to gather based on the statements that you made would also be suppressed in this situation.

Similarly, your lawyer might be able to get your statements suppressed if you asked for a lawyer and were not provided with counsel before you were questioned.

There are many other types of defenses that might be available to you. Your defense attorney will carefully examine the evidence and the reports in your case to identify the strategies to use.


Contact the Shah Law Firm

Top Arizona Felony Aggravated Assault Defense Attorney Arja ShahIf you have been charged with aggravated assault, you need to talk to an experienced criminal defense lawyer as soon as possible. Getting help early can allow your attorney more time to investigate your case and build a strong defense case for you.

Contact the Shah Law Firm today to schedule a consultation by calling us at 602-560-7408.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTS SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed