Aggravated Assault in Arizona: ARS 13-1204

Learn about what aggravated assault means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.

 

Aggravated assault in Arizona is covered under ARS 13-1204 and is a felony. This charge can result from several different situations. If someone finds themselves in a violent situation, they can be charged with felony aggravated assault, depending on how bad the other person’s injuries are.

Who was attacked matters in terms of how the accused will be charged, as well. Let’s start with what qualifies as assault in Arizona before moving onto aggravated assault.

Assault in Arizona

In order to get an assault charge, the accused doesn’t have to hit someone else. ARS 13-1204 covers hitting someone, but also includes spitting on them, pushing them, or causing them to flinch or duck to avoid you. In addition, if someone hits another person but the other person wasn’t hurt, an assault charge may still result.

Hitting, punching, kicking, slapping, or pushing someone on accident can also qualify if the offender was reckless. Reckless, in this context, means they were impulsive and careless (and being voluntarily intoxicated doesn’t excuse this).

Aggravated Assault Under ARS 13-1204

What separates assault from aggravated assault? Like regular assault charges, aggravated assault doesn’t always involve someone getting injured. Let’s look at factors that separate these two categories:

The Victim

If any of the assault-related acts mentioned previously are done to a kid younger than 15, a park ranger, public defender, medical professional, educator, paramedic, firefighter, prosecutor, or cop, the accused will likely receive a felony conviction. This is true as long as the offender is over 18 and commits these acts knowing the victim’s position. This includes:

  • A law enforcement officer or individual directed or summoned by an officer

  • A constable, or individual directed or summoned by a constable, who is executing official duties. If the attack is a result of the constable or directed person performing official duties, it also qualifies as aggravated assault

  • An EMT, firefighter, or fire inspector/investigator engaged in official duties, or someone directed by such a person while they are fulfilling official duties. The attack also qualifies if it was the result of the professional executing official duties.

  • An educator or employee of a school if they are on school grounds or nearby grounds, or a vehicle related to the school (such as a school bus). This also includes any school nurse or teacher who is visiting a private residence while fulfilling work-related duties.

  • A medical professional or person directed by a medical professional who is fulfilling professional duties. If the person accused of assault has Alzheimer’s disease, dementia, or is seriously mentally ill, this doesn’t apply.

  • A prosecutor, code enforcement officer, judicial officer, park ranger, or public defender who is fulfilling official, professional duties, or if the attack is the result of that professional fulfilling their official duties.

The Injuries

As stated, the victim doesn’t have to suffer permanent damage to rightfully accuse someone of aggravated assault. A person punching another person hard enough to break their nose could qualify. What else could result in an aggravated assault charge?

  • Road Rage: If a law enforcement officer believes that someone was attempting to hurt someone else with their vehicle, it can result in an aggravated assault conviction. This is true even if they didn’t hit the other person but the other driver believed that the accused intended to.

  • DUI: Driving under the influence can also mean an aggravated assault charge if an accident results. If the driver was intoxicated, gets in a wreck, and the other driver is injured, this could lead to a felony charge. In addition, a fellow passenger getting injured from someone wrecking while under the influence can also qualify under ARS 13-1204.

  • Pointing a Dangerous Weapon: Someone pointing a firearm at someone else who believes the gun was pointed at them can result in aggravated assault. This also includes other weapons or objects that could be used as weapons.

Other Qualifying Factors

If the accused attacks someone using force that causes substantial impairment or lost function of a body part or organ, even if it’s temporary, this is aggravated assault. If the victim was physically restrained or bound, with their capacity to defend themselves impaired, the attacker could get an aggravated assault charge.

If someone enters another person’s private residence intending to commit assault, this may also qualify. As you can see, the list of what counts as aggravated assault is long and varied. What are the potential consequences of this crime?

Punishments for Aggravated Assault in Arizona

Punishments can vary quite a bit for aggravated assault depending on the situation at hand. Here are some specific types of aggravated assault with typical ranges of sentencing:

Dangerous Instrument

If someone commits aggravated assault with a dangerous instrument or deadly weapon and it’s their first offense, the penalty range is a minimum five years of incarceration. The maximum is 15 for this specific instance, which counts as a class 3 dangerous felony.

If the accused already has a prior dangerous felony, they may get between 10 years and 20 years of incarceration. With two prior convictions, the minimum sentence is 15 years with a maximum of 25 years in prison.

Disfigurement or Serious Injury

For an assault that results in substantial disfigurement or serious injury to the other party and doesn’t involve a weapon, the sentencing tends to be less harsh. It will likely be charged as a class 3 “non-dangerous” felony and lead to up to a year in jail and probation, or a prison sentence between two and about nine years.

If the accused has a prior conviction, their “prison only” sentencing will be between three and a half to just over 16 years of prison time. If they have two prior convictions, this range is between seven and a half and 25 years of prison time.

For an assault that doesn’t lead to serious injury but involves substantial (temporary) disfigurement, including a fractured body part, the charge will likely be a class 4 “non-dangerous” felony. Penalties for this crime can range from up to a year in jail or between a year and almost four years in prison.

If the accused has a prior conviction, their “prison only” range will be between two and seven and a half years in prison. With two prior convictions, they could be looking at between six and 15 years behind bars.

Need help with a Aggravated Assault charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.  

To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.