In the state of Arizona, there are two main types of assault charges: simple assault and aggravated assault. While both involve intentionally causing harm or fear of harm to another person, there are key distinctions between the two.
Simple assault is considered a misdemeanor offense, punishable by fines and potential jail time. This type of assault typically involves minor injuries or threats of violence. On the other hand, aggravated assault is a felony charge in Arizona, carrying more severe penalties, including lengthy prison sentences.
This article will cover the following subtopics:
- Simple Assault Definition ( Misdemeanor Assault )
- Aggravated Assault Definition ( Felony Assault )
- What are the Potential Charges and Penalties
- Can You Reduce an Aggravated Assault Charge to a Simple Assault Charge
- FAQ: Simple vs. Aggravated Assault
- Contact a Criminal Defense Attorney
Simple Assault Definition ( Misdemeanor Assault )
Simple assault in Arizona is defined under A.R.S. § 13-1203. It involves intentionally, knowingly, or recklessly causing physical injury to another person, placing another person in reasonable apprehension of imminent physical injury, or touching another person with the intent to injure, insult, or provoke.
Simple assault is generally classified as a misdemeanor, with varying degrees of severity based on the circumstances of the offense.
Aggravated Assault Definition ( Felony Assault )
Aggravated assault in Arizona is defined under A.R.S. § 13-1204 and involves more severe circumstances than simple assault, often resulting in a felony charge.
A person commits aggravated assault if they commit assault as prescribed by A.R.S. § 13-1203 under any of the following circumstances:
- Serious Physical Injury: The person causes serious physical injury to another.
- Deadly Weapon or Dangerous Instrument: The person uses a deadly weapon or dangerous instrument during the assault.
- Substantial Disfigurement or Impairment: The assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.
- Victim Restrained: The assault is committed while the victim is bound or otherwise physically restrained, or while the victim’s capacity to resist is substantially impaired.
- Private Home Entry: The person commits the assault after entering the private home of another with the intent to commit the assault.
- Assault on a Minor: The person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
- Violation of Protection Order: The assault is committed in violation of an order of protection issued pursuant to A.R.S. § 13-3602 or A.R.S. § 13-3624.
- Specific Victims: The person commits the assault knowing or having reason to know that the victim is:
- A peace officer or a person summoned and directed by the officer.
- A constable or a person summoned and directed by the constable while engaged in official duties.
- A firefighter, fire investigator, fire inspector, emergency medical technician, or paramedic engaged in official duties.
- A teacher or other school employee on school grounds or in a school vehicle.
- A health care worker engaged in their professional duties.
- A prosecutor, public defender, judicial officer, or an employee of a law enforcement agency while engaged in official duties.
- Control of Officer’s Weapon: The person knowingly takes or attempts to exercise control over a peace officer’s firearm or other weapon.
Aggravated assault can lead to severe penalties, often classified as felonies ranging from Class 2 to Class 6, depending on the specific circumstances and severity of the offense.
What are the Potential Charges and Penalties
The penalties for simple assault in Arizona can range from fines and probation to jail time, depending on the class of misdemeanor:
▶ Simple Assault Penalties
- Class 3 Misdemeanor: Up to 30 days in jail. This charge typically involves minor incidents, such as a shove or a slap, that do not result in significant injury.
- Class 2 Misdemeanor: Up to 4 months in jail. This may include incidents where the victim experiences some physical injury but not severe harm.
- Class 1 Misdemeanor: Up to 6 months in jail. This involves more serious instances of physical injury or placing someone in imminent fear of harm.
▶ Aggravated Assault Penalties
Aggravated assault charges are more severe and often classified as felonies due to the presence of aggravating factors, such as the use of a deadly weapon or causing serious injury.
- Class 6 Felony: Minimum of 6 months to 1.5 years in prison. This may involve cases where the assault resulted in a fracture or substantial but temporary disfigurement.
- Class 5 Felony: Minimum of 9 months to 2 years in prison. Charges at this level might include assaults causing more significant injuries or involving minor use of a deadly weapon.
- Class 4 Felony: Minimum of 1.5 to 3 years in prison. This includes assaults causing substantial disfigurement, impairment, or those committed with a deadly weapon.
- Class 3 Felony: Minimum of 2.5 to 7 years in prison. This charge could be applied if the assault involved serious physical injury or was committed against a protected individual, such as a police officer or healthcare worker.
- Class 2 Felony: Minimum of 4 to 10 years in prison. The most severe cases, such as those involving life-threatening injuries or assaults on children under 15 by an adult, fall under this category.
The exact sentence can vary based on factors like the defendant’s criminal history and the specifics of the assault.
Can You Reduce an Aggravated Assault Charge to a Simple Assault Charge
Reducing an aggravated assault charge to a misdemeanor assault charge can significantly impact the severity of the penalties you face.
Here are some common defense strategies that might be employed to achieve a reduction:
⑴ Lack of Intent
One of the primary elements that differentiate aggravated assault in Arizona from misdemeanor assault is the defendant’s intent. Demonstrating that the accused did not intend to cause serious physical injury or use a deadly weapon can be a strong defense. For example, if the assault occurred during a heated argument without premeditation, this might support a reduction in charges.
⑵ Self-Defense
Claiming self-defense is another viable strategy. If it can be shown that the defendant was protecting themselves or another person from imminent harm, this may justify the use of force and potentially reduce the severity of the charges. Arizona law, under A.R.S. § 13-404, allows individuals to use physical force when they reasonably believe it is necessary to defend against another’s use or attempted use of unlawful physical force.
⑶ Insufficient Evidence
A defense attorney can challenge the evidence presented by the prosecution. If there is a lack of clear, convincing evidence that the defendant committed aggravated assault in Arizona, the charges might be reduced. This could involve questioning the credibility of witnesses, presenting alibis, or demonstrating inconsistencies in the prosecution’s case.
⑷ Provocation
If the defendant was provoked into committing the assault, this might be used to argue for a reduction in charges. Provocation can reduce the perceived severity of the defendant’s actions. For instance, if the victim’s actions or words provoked the defendant to react violently, the defense might argue that the assault was a response to the provocation rather than an intent to cause serious harm.
⑸ Plea Bargaining
Engaging in plea bargaining with the prosecution is a common strategy to reduce charges. A defense attorney can negotiate with the prosecutor to have the aggravated assault charge reduced to a misdemeanor assault charge in exchange for a guilty plea. This can benefit both parties by avoiding a lengthy trial and ensuring a lesser penalty for the defendant.
⑹ Demonstrating Lack of Serious Physical Injury
Aggravated assault often involves serious physical injury to the victim. If it can be proven that the injuries sustained were not as severe as claimed, this might lead to a reduction in charges. Medical records, expert testimony, and other evidence can be used to argue that the harm caused does not meet the threshold for aggravated assault as defined in A.R.S. § 13-1204.
In conclusion, various defense strategies can be employed to reduce an aggravated assault felony charge to a misdemeanor assault charge. An experienced criminal defense attorney will assess the specifics of your case and determine the most effective approach to pursue a charge reduction.
FAQ: Simple vs. Aggravated Assault
Understanding the differences between simple and aggravated assault can be complex. Here are some frequently asked questions to help clarify the two charges.
① Can words alone constitute an assault charge?
No, in Arizona, words alone are generally not enough to constitute an assault charge. However, if the words are accompanied by actions or gestures that place another person in reasonable apprehension of imminent physical injury, it could be considered assault.
② What’s the difference between assault and battery?
Assault involves intentionally, knowingly, or recklessly causing physical injury, placing someone in fear of imminent harm, or touching someone with the intent to injure, insult, or provoke. Battery traditionally refers to actual physical contact or harm inflicted on another person
③ What factors can elevate a simple assault to aggravated assault?
Several factors can elevate a simple assault to aggravated assault, including:
- The use of a deadly weapon or dangerous instrument, leading to an aggravated assault with a deadly weapon charge.
- Causing serious physical injury, resulting in a felony aggravated assault charge.
- Committing the assault against certain protected individuals, such as police officers, healthcare workers, or minors.
④ Is aggravated assault always a felony in Arizona?
Yes, aggravated assault is always considered a felony in Arizona. The specific class of felony (ranging from Class 2 to Class 6) depends on the circumstances and severity of the assault, such as the use of a weapon or the extent of the victim’s injuries.
⑤ Can a juvenile be charged with aggravated assault?
Yes, juveniles can be charged with aggravated assault in Arizona. Depending on the severity of the offense and other factors, a juvenile may be tried in juvenile court or could be charged as an adult, which carries more severe penalties.
⑥ What is the role of a victim’s impact statement in an assault case?
A victim’s impact statement allows the victim to express how the assault has affected their life physically, emotionally, and financially. This statement can influence the sentencing phase of a trial, as it provides the judge with a more comprehensive understanding of the impact of the crime on the victim.
⑦ How does Arizona law define a deadly weapon or dangerous instrument?
Under Arizona law, a deadly weapon is defined as anything designed for lethal use, including firearms. A dangerous instrument is any object that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or serious physical injury.
⑧ Are there mandatory minimum sentences for aggravated assault in Arizona?
Yes, Arizona law imposes mandatory minimum sentences for certain aggravated assault convictions, particularly those involving the use of a deadly weapon or causing serious physical injury. The specific minimum sentence depends on the class of felony and other factors, such as prior criminal history.
⑨ What impact does a prior criminal record have on assault charges?
A prior criminal record can significantly impact the charges and penalties for assault. Repeat offenders may face enhanced charges and longer sentences. For example, a history of violent offenses can lead to higher felony classifications and harsher penalties for aggravated assault in Arizona.
⑩ How can a criminal defense attorney help in an assault case?
A criminal defense attorney can help by:
- Evaluating the evidence and circumstances of the case.
- Developing a defense strategy tailored to the specifics of the case.
- Negotiating with prosecutors to potentially reduce charges from aggravated assault to simple assault.
- Representing the defendant in court to ensure their rights are protected.
- Advising on the best course of action and potential outcomes.
For more detailed information or legal advice, contacting a qualified Arizona criminal defense attorney is recommended.
Contact a Criminal Defense Attorney
Arja Shah has a proven record of obtaining favorable outcomes for her clients, including reduced charges and dismissals. Her personalized approach ensures that your unique circumstances are considered, and she provides clear, straightforward guidance throughout the legal process.
For a free consultation, contact Arja Shah Law today at (602) 560-7408. We are committed to helping you achieve the best possible outcome in your case.