When a simple assault charge escalates to aggravated assault, the stakes increase dramatically. In Tempe, Arizona, aggravated assault is a serious felony offense that can lead to long prison sentences, hefty fines, and a permanent criminal record. Whether you or a loved one faces these charges—or you suspect you might—you should understand what constitutes aggravated assault and what defense strategies may be available. Below is an overview of the law, potential penalties, and why contacting an experienced Tempe criminal defense attorney is crucial.
1. Defining “Assault” in Arizona
Under A.R.S. § 13-1203, assault can be charged if a person:
- Intentionally, knowingly, or recklessly causes physical injury to someone else.
- Puts another person in reasonable fear of immediate bodily harm.
- Touches someone with the intent to injure, insult, or provoke them.
These actions typically result in misdemeanor charges unless certain aggravating factors elevate the crime.
2. When Does Assault Become Aggravated?
Arizona law (specifically A.R.S. § 13-1204) upgrades simple assault to aggravated assault under certain circumstances, including:
- Use or Display of a Deadly Weapon
- Even a facsimile weapon or an everyday object used in a deadly manner can trigger this factor.
- Serious Physical Harm
- Causing long-term or permanent injuries, fractures, or severe impairment of a body part.
- Restraining the Victim
- If the victim is bound or otherwise prevented from defending themselves.
- Age Difference
- When the defendant is over 18 and the victim is under 15.
- Entering a Private Residence
- Committing assault after forcibly entering someone’s home can escalate the charge.
- Certain Victim Roles
- Peace officers, teachers, healthcare workers, or other protected professionals assaulted while performing official duties.
One or more of these factors can result in a felony charge for aggravated assault.
3. Typical Penalties for Aggravated Assault
Aggravated assault is categorized anywhere from a Class 6 (least severe) to a Class 2 (most severe) felony:
- Class 6 Felony: 18 months to 3 years of potential prison time.
- Class 5 Felony: 2 to 4 years in prison.
- Class 4 Felony: 4 to 8 years in prison.
- Class 3 Felony: 5 to 15 years in prison.
- Class 2 Felony: 7 to 21 years in prison.
Aside from incarceration, you may face fines up to $150,000, plus possible restitution to the victim. The severity of the charge typically depends on factors like the degree of injury, use of a weapon, and any past criminal history.
4. Defending Against Aggravated Assault Charges
Possible defenses may include:
- Self-Defense or Defense of Others
- You reasonably believed you or another person was in imminent danger.
- Lack of Intent
- The prosecution must show you acted knowingly or recklessly in causing harm.
- False Accusation or Mistaken Identity
- Presenting evidence or witnesses to contradict the prosecution’s narrative.
- Challenging “Aggravating” Elements
- Demonstrating the alleged deadly weapon was non-functional, or no serious injury occurred.
Securing evidence early—such as police bodycam footage, witness statements, or medical records—can significantly help your defense.
5. Why Contact Ted Law in Tempe?
Attorney Theodore Agnick is dedicated to defending individuals facing aggravated assault charges in Tempe. Our firm can:
- Investigate the Allegations
- Review police reports, witness accounts, and any available surveillance footage.
- Develop a Tailored Strategy
- Identify the strongest defenses based on the unique aspects of your case.
- Negotiate or Advocate in Court
- Pursue plea agreements to reduce charges or argue aggressively at trial.
We understand how a felony conviction can impact employment, housing, and personal freedoms. Our goal is to secure the best possible outcome, whether that means reduced charges, a plea deal, or a dismissal.
6. Act Now to Protect Your Future
If you or someone you know is grappling with aggravated assault allegations in Tempe, it’s vital to seek legal representation immediately.
Call (602) 453-3100 or reach out online to schedule a free, confidential consultation. Time is essential in building a robust defense. Let us help safeguard your rights and preserve your future.
Disclaimer: This content is for informational purposes and does not constitute legal advice. For guidance tailored to your circumstances, please consult a licensed attorney.