In Phoenix, Arizona, aggravated assault is punished more severely due to its seriousness. The factors which raise an assault to an aggravated assault typically include the use of a weapon, the type or status of the person assaulted, the intent of the person doing the assaulting, and the severity of injury inflicted. The Arizona statute sets the circumstances which will cause a simple assault to turn into an aggravated assault. These circumstances will greatly expand the type of jail or prison time one can receive from the Phoenix courts. Any charge and conviction for aggravated assault will create dramatic consequences for the rest of your life. A Phoenix, Arizona defense attorney can assist you in exploring a legal defense, that best fits your case and should provide at a minimum a sentence-reduction.
An assault is defined by the Arizona statute (see ARS 13-1203)as knowingly, intentionally or recklessly causing injury to another person, intentionally causing someone to have a reasonable fear of being harmed or knowingly touching someone to insult, injure or provoke that person. An aggravated assault is defined by ARS 13-1204. Below is a brief description of the jail time you may face if you are convicted of an aggravated assault charge.
The below sentence ranges are for first-time offenders only.
- Class 6 aggravated assault charges (resulting in an 18- 36-month prison sentence) can be filed against first-time offenders committing an assault in these instances:
- Someone who is unable to resist
- After entering the victim’s home while intending to commit assault
- Against a minor younger than 15 years old, while being at least 18 years old
- By touching someone in violation of a protection order
- By knowingly targeting a certain class of people working for the public good, like teachers, paramedics, and firefighters
- A Class 4 aggravated assault felony may be charged if an assault results in temporary disfigurement of the victim; this may result in a four- to eight-year of prison time.
- Assault causing serious injury to someone else or assault committed with a weapon may result in a Class 3 felony conviction and five to 15 years of jail time. If such an assault is committed against someone under the age of 15, a Class 2 felony may be charged, resulting in seven to 21 months of prison time.
Threatening or Intimidating
Threatening or intimidating another or their property is also considered assault in Arizona and can result in Class 1 misdemeanor charges. However, the charges increase to a Class 3 felony offense and carry a 3 ½ year prison sentence, if the threat is made against a witness to a crime, or if the threat is made by someone involved in gang activity or criminal enterprise. Arizona also considers it assault if a person causing serious public inconvenience; including action that causes evacuation of a public place or building.
Endangerment refers to an act that endangers someone to risk personal physical injury. It is a Class 1 misdemeanor and carries a potential prison term of up to one year and fines of $2,500.
Reckless or felony endangerment is any behavior that creates the risk of “imminent death” and carries a potential sentence of up to one year in prison and a record as a convicted felon. It is a Class 6 felony and carries a presumptive prison sentence of one year with a maximum of 1 ½ years.
Don’t risk your freedom and a conviction!
Your criminal history and all the circumstances of the crime will impact the length of your jail time. If this is your second conviction, the jail time can increase to as much as 10 to 20 years in prison, and a third conviction can increase the prison sentence to as much as 15 to 25 years.
Any time your or a loved one is charged with aggravated assault there is a substantial risk of jail or prison time. However, any experienced, aggressive criminal justice attorneys will fight to ensure you receive the shortest jail time and sentence possible.
If you or a loved one has been arrested for assault, you should consult with an experienced, qualified criminal attorney who will review your case and explain your options. Dana Hogle has been fighting the Arizona criminal justice system for over a decade with honest, aggressive, and confidential representation.
The Hogle Law Firm
CityScape, 1 E Washington St #500
Phoenix, AZ 85004