Felony aggravated assault, on the other hand, is defined under A.R.S. 13-1204, it incoporates A.R.S. 13-1203 (misdemeanor assault statute) and contains eight separate additional factual circumstances that can result in felony aggravated assault charge(s) as opposed to just three for misdemeanor assault.
Aggravated assault can be charged under the following circumstances:
- A serious physical injury results
- A "deadly weapon" or "dangerous instrument" is used
- Temporary but substantial disfigurement results, a body part is fractured, or the victim suffers the loss or impairment of a body part of organ
- The assault takes place while the victim is bound or otherwise physically restrained
- The perpetrator enters a private residence to commit the assault
- Someone 18 years of age or older commits the assault on someone under 15 years of age
- The assault occurs when a protective order is already in place
- The assault is on a public official, such as a police officer, firefighter, emergency responder, teacher, public defender, judge, or park ranger
For example, if you throw a beer bottle at someone ("dangerous instrument"), that could be, and in all likelihood will be, charged as felony aggravated assault charge(s). Likewise, if a poke in the chest is just the start of an altercation and you go on to pummel the other person, without any legal justification (I.e., self-defense, defense of others, etc.), that also could be charged as felony aggravated assault.
Depending on the circumstances, a felony aggravated assault can be charged as either a Class 2, 3, 4, 5, or 6 felony, or any combination(s) thereof, depending on the facts alleged to have occured. Felony aggravated assault charges can carry mandatory prison time, even if you have no criminal history of any kind whatsoever. The length of the prison term increases with the higher number of the felony classification.
The Importance of a Skilled Attorney
Assault charge(s) can have a serious impact on your life, your family's lives, and your future. An assault conviction on your criminal record can affect your personal relationships, professional standing, your constitutional rights to own/possess a deadly weapon, and can potentially follow you for the rest of your life. Facing any type of assault on your own is ill-advised as you will be up against a legally trained prosecutor who seeks only to convict you. You need the help of an experienced criminal defense attorney to defend you, your rights, and your future.
I will fight aggressively and diligently against hard-charging prosecutors to defend you! I will investigate your case thoroughly and use my findings to negotiate to have your assault charge(s) either reduced or dropped altogether; Or in the alternative, if we proceed to trial on the merits of your case and any/all applicable defense(s), rest assured knowing that I will work without end to hold the prosecution to its burden in their attempt to prove their assault allegation(s) beyond a reasonable doubt.