Arizona Assault and Aggravated Assault Attorney
Assault vs. aggravated assault: what is the difference in Arizona?
The difference in penalties between a misdemeanor and a felony are considerable—which are also the differences between Arizona assault and aggravated assault charges. An Arizona assault attorney can help you understand the severity of charges and devise an effective defense strategy. Jesse Smith has extensive experience effectively representing clients as an Arizona aggravated felony assault attorney and works to obtain reduced charges whenever possible.
What is assault in Arizona?
Arizona has three degrees of assault:
- Class 1 misdemeanor: Intentionally, knowingly, or recklessly causing any physical injury to another person
- Class 2 misdemeanor: Intentionally placing another person in reasonable apprehension of imminent physical injury
- Class 3 misdemeanor: Knowingly touching another person with the intent to injure, insult, or provoke the person
Aggravated assault results in felony charges
Under Arizona Revised Statute §13-1204,aggravated assault is much more serious than assault, ranging between class two to class five felonies. Aggravated assault includes:
- Serious physical injury
- Use of a deadly weapon or dangerous instrument
- Assault while binding or restraining the victim, or while the victim’s ability to resist is substantially impaired
- Assault with the intent to commit assault when entering the person’s private home
- A person 18 or older assaulting a child 15 or younger
- Force that temporarily but substantially disfigures, impairs, or fractures a body part or damages a body organ
- Assaulting the following persons on duty:
- Police officer
- Fire investigator
- Fire inspector
- Emergency medical technician
- Teacher, school employee or school nurse
- Healthcare practitioner
- Municipal or state park ranger
- Code enforcement officer
- Taking possession of a police officer’s firearm or weapon
- Assault while imprisoned
- Assault that impedes the normal breathing or blood circulation of another person
Rely on an experienced Arizona felonious assault lawyer
Engaging a skilled Tucson criminal defense attorney from the outset can often affect how assault is initially charged. A misdemeanor conviction can land you in jail for up to a year, and the sentence for an aggravated felony conviction can be up to 15 years in prison for a first offense and 20 or 25 years for a second or third offense. Consult an Arizona felonious assault lawyer about the possibility of case dismissal, reduced charges, minimized conviction consequences, and other case strategies.
Call (520) 623-8343, toll free at (866) 675-8180 or contact D. Jesse Smith by filling out our online contact form.