Posted Feb 2023
Arizona classifies assault as either simple or aggravated. While simple assault is a misdemeanor offense that occurs when a person either threatens or physically attacks another but with minimal injuries. Aggravated assault is a felony offense that occurs when the attack is serious or involves dangerous weapons resulting in serious injuries.
According to Arizona Revised Statutes (A.R.S.) 13-1204, an aggravated assault can occur under several circumstances, including when a person attacks another, causing serious bodily harm. It can also occur when a person attacks another using deadly weapons or any means of force likely to cause serious physical injury, disfigurement, or death.
Other circumstances that can result in an aggravated assault charge include any attack in a home invasion or on a bound victim. Attacking or attempting to interfere with police officers, firefighters, healthcare workers, teachers, and other protected-class citizens while on duty can constitute an aggravated assault charge.
Arizona severely punishes aggravated assault offenses and related charges upon conviction. Accordingly, you should seek the help of a skilled and experienced Phoenix aggravated assault lawyer if facing aggravated assault charges in Phoenix, AZ.
Anyone convicted of aggravated assault in Arizona risks a presumptive prison sentence. However, the prison sentence depends on the nature and severity of an individual’s offense, including whether it is a repeat offense. Below are potential penalties for aggravated assault in Arizona:
Class 5 Felony
Class 4 Felony
Class 3 Felony
Class 2 Felony
Besides the prison sentence, other potential penalties include a fine of up to $150,000, probation, restitution, and community service.
As with other criminal offenses, the prosecutor must prove several elements beyond a reasonable doubt to get an aggravated assault conviction. The state must prove that;
Depending on the nature of a case, the law may also require the state to prove additional factors. For instance, in an assault case against a firefighter on duty, the prosecution must prove that the victim was a protected class professional and the defendant knew or had a reason to know the same.
A skilled aggravated assault attorney can help you defend your right, including avoiding conviction or reducing potential penalties. Some of the common defenses that criminal defense lawyers use include;
While the burden of proof is on the prosecutor, defending an aggravated assault charge using these and other common defenses is not always straightforward. You need an experienced and knowledgeable criminal defense attorney.
Contact a Phoenix Aggravated Assault Attorney
An aggravated assault conviction almost guarantees serving time in prison. Considering these potential life-changing consequences, you need a solid legal defense. If you or a loved one are facing an aggravated assault charge in Phoenix, AZ, you can contact our skilled and experienced Phoenix aggravated assault lawyers at Huselid & Huselid Law. We are committed to fighting for your rights, including having the court reduce or dismiss your assault charges. Contact us today to schedule a free consultation and for a strong legal defense.