Arizona Aggravated Assault Sentences
Aggravated assault is considered a felony in Arizona, and results in prison time. Different factors of aggravated assault can apply to different levels of felony charges with different prison sentences. At Van Norman Law, we want to help you understand your rights and what punishments to expect when it comes to criminal law. Continue reading to learn more about the penalties for aggravated assault in Arizona.
Assault vs. Aggravated Assault
According to Arizona Revised Statute (ARS) 13-1203, a person commits assault by:
- Intentionally or recklessly causing a physical injury to someone (class 1 misdemeanor if intentional, class 2 misdemeanor if reckless)
- Intentionally placing someone in reasonable danger of receiving a physical injury, like threatening them with a dangerous object (class 2 misdemeanor)
- Touching someone with the intent to provoke or injure the person (class 3 misdemeanor)
According to ARS 13-1204, an assault becomes aggravated when someone:
- Causes serious physical injury to or temporarily but significantly disfigures another person
- Uses a deadly weapon or a “simulated deadly weapon” (an object designed to look like a weapon, like a toy gun)
- Assaults someone who is restrained
- Commits the assault after entering private property
- Is at least 18 years old and the victim is under 15 years old
- Commits the assault while the victim is under a legal order of protection
- Knowingly assaults a public servant who is performing their duties (police officer, firefighter, teacher, prison guard, etc.)
- Takes or attempts to take a weapon from a police officer during the assault
Different Aggravated Assault Sentences in Arizona
Depending on the circumstances of the assault, an aggravated assault can be a class 2, 3, 4, 5, or 6 felony charge in Arizona. A class 2 felony is the most severe and results in a longer prison sentence, while class 6 felony penalties are less harsh. To help you better understand what to expect from an assault charge, we have broken down the most common aggravated assault circumstances and their sentences.
Causing Serious Physical Injury
If the assault results in serious physical injury, then it is a class 3 non-dangerous felony. Punishments depend on the defendant’s prior record.
- No prior felony convictions: probation with up to one year jail time, or 2 to 8.75 years in prison
- One prior conviction: 3.5 to 16.25 years in prison
- Two prior convictions: 7.5 to 25 years in prison
Causing Temporary Disfigurement
If the assault without a weapon does not result in injuries but did cause temporary, significant disfigurement or bodily fracture, it is a class 4 non-dangerous felony. Again, penalties depend on previous convictions.
- No prior felony convictions: Probation with up to one year jail time, or 1 to 3.75 years prison time
- One prior conviction: 2.25 to 75 years prison time
- Two prior convictions: 6 to 15 years prison time
Using a Deadly Weapon or Dangerous Instrument
If you use a dangerous weapon or dangerous instrument when committing an assault, it is a class 3 dangerous felony. The prison sentences for this type of assault also vary according to prior records.
- No prior felony convictions: 5 to 15 years
- One prior conviction: 10 to 20 years
- Two prior convictions: 15 to 25 years
Knowingly Assaulting a Public Servant
Any assault that would normally be a misdemeanor under ARS 13-1203 automatically becomes a class 6 felony when committed against a public servant such as a police officer. The punishments vary depending on previous convictions.
- No prior felony convictions: probation with up to one year jail time, or 4 months to 2 years in prison
- One prior conviction: 9 months to 2.75 years in prison
- Two prior convictions: 2.25 to 5.75 years in prison
However, if you assault someone you know is a public servant under any circumstance listed in ARS 13-1204 while they are performing their duties, it is a class 2 felony that carries the following sentences.
- No prior felony convictions: 10.25 to 21 years
- One prior conviction: 15.75 to 28 years
- Two prior convictions: 28 to 35 years
Assaulting Someone Under the Age of 15
When the victim of an assault is under the age of 15, the crime is a class 2 felony and considered a “dangerous crime against a child.” Because it is considered child abuse, the prison sentences are much harsher than those for another class 2 felony aggravated assault charge.
Criminal Defense Lawyer in Scottsdale
Arizona assault charges are complex. As experienced criminal defense attorneys, Van Norman Law can help determine if any aggravating factors are involved in your case. We’ll help you understand your rights and build a strong defense. Call 480-481-0616 today to schedule a free consultation.