Arizona Aggravated Assault Lawyers
Charged with aggravated assault in Arizona? Under A.R.S. § 13-1204 an assault becomes a felony when it involves a deadly weapon, serious injury, a protected victim, or strangulation. With a weapon or serious injury it is a Class 3 “dangerous” felony with flat-time prison (5 to 15 years). Self-defense is often the central issue, do not talk to police before you call us.
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What Is Aggravated Assault in Arizona?
Quick answer: Aggravated assault (A.R.S. § 13-1204) is a simple assault (§ 13-1203) committed under an aggravating circumstance, using a deadly weapon, causing serious physical injury, assaulting a protected victim (police, healthcare worker, teacher), restraining the victim, or strangulation of a household member. Penalties range from a Class 6 up to a Class 2 felony; with a deadly weapon or serious injury it is a Class 3 “dangerous” felony with mandatory flat-time prison. The most common and powerful defense is justification, self-defense or defense of others.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending aggravated assault and other violent crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Aggravated Assault in Arizona?
- Is aggravated assault a felony in Arizona?
- Is aggravated assault always a felony in Arizona?
- What is the minimum sentence for aggravated assault in Arizona?
- Can a 12 year old be charged with aggravated assault in Arizona?
- What makes an assault aggravated in Arizona?
- Is self-defense a defense to aggravated assault in Arizona?
- Simple vs. Aggravated Assault
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with aggravated assault in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1204, the penalties, and the defenses that matter most.
Is aggravated assault a felony in Arizona?
Yes. Aggravated assault under A.R.S. § 13-1204 is always charged as a felony, ranging from a Class 6 up to a Class 2. It is a simple assault elevated by an aggravating factor such as a deadly weapon, serious physical injury, or a protected victim, and that elevation is what makes it a felony rather than a misdemeanor.
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Our recognition for Phoenix violent crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
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- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
Together, these place Tamou Law Group among the best Phoenix violent crime lawyers, led by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Is aggravated assault always a felony in Arizona?
Yes, aggravated assault is by definition a felony in Arizona, there is no misdemeanor version of the charge itself. However, a strong defense can sometimes get an aggravated assault reduced to a misdemeanor simple assault by defeating the aggravating factor, for example by showing the object was not a deadly weapon or the injury was not serious.
What is the minimum sentence for aggravated assault in Arizona?
It depends on the felony class. A Class 4 aggravated assault carries a minimum of 1 year, while a Class 3 “dangerous” offense involving a deadly weapon or serious injury carries a minimum of 5 years of flat-time prison on a first offense. Aggravated assault on a peace officer with a weapon is a Class 2 felony with a 7-year minimum.
Can a 12 year old be charged with aggravated assault in Arizona?
Generally not as an adult. In Arizona a young child like a 12-year-old is handled in the juvenile system, which focuses on rehabilitation rather than adult prison. Older juveniles charged with serious aggravated assaults can in some cases be transferred to adult court, so any charge against a minor needs immediate, experienced defense.
What makes an assault aggravated in Arizona?
An assault becomes aggravated under A.R.S. § 13-1204 when an aggravating factor is present, using a deadly weapon or dangerous instrument, causing serious physical injury, assaulting a protected victim such as a police officer or healthcare worker, binding or restraining the victim, or strangulation of a household member. Whether the State can actually prove that factor often decides the case, and is frequently disputable.
Is self-defense a defense to aggravated assault in Arizona?
Yes, and it is often the strongest defense. Under A.R.S. § 13-404 you may use force to protect yourself or others from another’s unlawful force, and if your use of force was justified, you committed no crime. Once self-defense is raised, the State must disprove it beyond a reasonable doubt.
Simple vs. Aggravated Assault
The same incident can be a misdemeanor or a dangerous felony. The aggravating factor, and how the State characterizes the injury or weapon, decides which.
| Conduct | Statute | Level | Exposure (First Offense) |
|---|---|---|---|
| Simple assault (causing injury) | 13-1203(A)(1) | Class 1 Misd. | Up to 6 months jail |
| Simple assault (apprehension) | 13-1203(A)(2) | Class 2 Misd. | Up to 4 months jail |
| Aggravated – disfigurement, restraint, strangulation | 13-1204(A)(3),(4) | Class 4 Felony | 1 – 3.75 years |
| Aggravated – deadly weapon or serious injury | 13-1204(A)(1),(2) | Class 3 Dangerous | 5 – 15 years (flat) |
| Aggravated – on an officer w/ weapon or serious injury | 13-1204(A)(8) | Class 2 Felony | 7 – 21 years |
Reducing an aggravated assault to a simple assault, or defeating the ‘dangerous’ designation, is the single most valuable outcome in these cases.
What the State Must Prove for Aggravated Assault
To convict you of Aggravated Assault under A.R.S. § 13-1204, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1An assault occurred. You intentionally, knowingly, or recklessly caused injury, placed someone in reasonable apprehension of injury, or made offensive contact, the underlying simple assault.
- 2An aggravating factor. A deadly weapon or dangerous instrument, serious physical injury, a protected victim, restraint, or strangulation, under A.R.S. § 13-1204(A).
- 3The required mental state. You acted with the intent, knowledge, or recklessness the statute requires.
- 4No justification. The State must prove your conduct was not lawful self-defense or defense of others, if it was justified, there is no crime.
Examples of Conduct Charged as Aggravated Assault
- Threatening or striking someone with a firearm, knife, or other weapon
- A fight causing serious physical injury, a fracture, or disfigurement
- Resisting or striking a police officer, EMT, or other protected worker on duty
- Strangling or impeding the breathing of a domestic partner
- An adult assaulting a child under 15
What Sentence Could You Actually Face?
Aggravated assault ranges from a Class 6 up to a Class 2 felony. With a deadly weapon or serious injury, the ‘dangerous’ designation forces flat-time prison with no probation.
Class 4
Disfigurement / Restraint / Strangulation
Class 3
Deadly Weapon / Serious Injury
Class 2
On a Peace Officer (w/ Weapon)
⚠ “Dangerous Offense” Means Flat Time
When an aggravated assault involves a deadly weapon or serious physical injury, A.R.S. § 13-704 makes it a dangerous offense, removing probation and requiring the sentence to be served day-for-day. That is why defeating the ‘deadly weapon’ or ‘serious injury’ finding, or establishing self-defense, is the core of the defense.
How We Fight Arizona Aggravated Assault Cases
Every case has weak points. These are the defenses we look at first.
Justification & Intent
Self-Defense. Under A.R.S. § 13-404, you may use force to protect yourself from another’s unlawful force. If justified, the assault is not a crime, and the State must disprove it beyond a reasonable doubt.
Defense of Others. The same right extends to protecting a third person from an attacker.
Defense of Property & Premises. Reasonable force to prevent certain crimes against your property or home can be justified.
Lack of Intent / Accident. Assault requires a culpable mental state. A genuine accident, with no intent, knowledge, or recklessness, is not a crime.
Attacking the Aggravators & Evidence
Not a “Deadly Weapon.” Whether an object qualifies as a deadly weapon or dangerous instrument is often disputable, and defeating it can drop the charge to a misdemeanor.
Not “Serious Physical Injury.” Arizona defines this narrowly. A medical expert can show the injury does not meet the standard, eliminating the felony aggravator.
False or Exaggerated Allegations. Common in domestic and bar-fight cases, where motive, bias, and inconsistent statements undermine the accuser.
Mistaken Identity. In chaotic incidents, witnesses and victims frequently identify the wrong person.
Unlawful Stop, Search, or Statements. Evidence and admissions obtained in violation of your rights can be suppressed.
The Experts We Bring to the Table
The State builds assault cases with police, ER records, and a one-sided narrative. We answer with specialists who test every piece of it.
Medical & ER Experts
Injury Severity
Independently review the medical records to challenge whether the injury meets Arizona’s narrow definition of ‘serious physical injury,’ which drives the felony class.
Use-of-Force Experts
Reasonableness
Evaluate whether the force used was reasonable and justified under the circumstances, central to a self-defense claim.
Video & Scene Analysts
Surveillance & 911
Recover and analyze surveillance footage, body-worn camera, and 911 audio that often show who the real aggressor was.
Forensic & Wound Experts
Mechanism of Injury
Assess whether the wounds and the alleged weapon are consistent with the State’s account, and with the defense version.
Eyewitness-ID Experts
Identification
Expose the well-documented unreliability of eyewitness identification in chaotic, fast-moving incidents.
Psychological Experts
Threat & Perception
Explain perception of threat and reaction under stress, supporting the reasonableness of a defensive response.
Recent Aggravated Assault Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles aggravated assault cases across Arizona.
Aggravated Assault, Deadly Weapon
Charges Dismissed
Surveillance video showed our client was defending himself against an armed aggressor. After we presented the footage and a self-defense claim, the State dismissed the case.
Serious-Injury Allegation
Reduced to Misdemeanor
A medical expert showed the injuries were not ‘serious physical injury’ under Arizona law, dropping a Class 3 dangerous felony to a misdemeanor assault.
Domestic Strangulation Charge
Charges Dropped
Inconsistencies in the accuser’s account and the absence of physical findings undermined the State’s case, and the strangulation charge was dropped.
Aggravated Assault, Mutual Combat
Charges Dismissed
Video showed mutual combat with the other party as the aggressor; the case was dismissed.
Deadly-Weapon Allegation Defeated
Reduced to Misdemeanor
We showed the object was not a deadly weapon, defeating the dangerous designation.
Aggravated Assault on an Officer
Charges Reduced
Body-camera footage contradicted the officer’s account, leading to a substantially reduced charge.
What Clients Say About Tamou Law
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Clients reach us searching for the best aggravated assault lawyer in Arizona, for lawyers who handle assault with a deadly weapon charges, or for Phoenix aggravated assault defense and a Scottsdale assault attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend aggravated assault and other violent crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona violent crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Aggravated Assault FAQs
Quick answers to the questions we hear most about aggravated assault charges, penalties, and defenses in Arizona.
What is aggravated assault in Arizona?
Aggravated assault (A.R.S. 13-1204) is a simple assault committed with an aggravating factor, such as using a deadly weapon, causing serious physical injury, assaulting a protected victim like a police officer, restraining the victim, or strangulation. Unlike simple assault, it is a felony.
What is the difference between assault and aggravated assault?
Simple assault (A.R.S. 13-1203) is a misdemeanor, causing injury, threatening injury, or offensive touching. It becomes aggravated assault, a felony, only when an aggravating factor is added, such as a weapon, serious injury, or a protected victim.
How much prison time does aggravated assault carry?
It depends on the factor. A Class 4 aggravated assault carries 1 to 3.75 years. With a deadly weapon or serious injury it is a Class 3 dangerous offense carrying 5 to 15 years of flat-time prison. Against a peace officer with a weapon it can be a Class 2 felony, 7 to 21 years.
Is self-defense a defense to aggravated assault?
Yes, and it is often the strongest one. Under A.R.S. 13-404, you may use force to defend yourself or others from unlawful force. If your use of force was justified, you committed no crime, and the State must disprove self-defense beyond a reasonable doubt.
What counts as a deadly weapon or dangerous instrument?
A deadly weapon is anything designed for lethal use, like a firearm; a dangerous instrument is any object used in a way capable of causing death or serious injury, which can include a vehicle, a bottle, or even hands and feet in some cases. Whether an object qualifies is often disputable.
What is ‘serious physical injury’ under Arizona law?
It is a narrow category, injury that creates a reasonable risk of death, or causes serious disfigurement or long-term impairment of an organ or limb. Many injuries the State calls ‘serious’ do not meet this standard, and a medical expert can drop the charge to a misdemeanor.
Can aggravated assault be reduced to a misdemeanor?
Yes. By defeating the aggravating factor, showing the injury was not serious, the object was not a deadly weapon, or by establishing self-defense, an aggravated assault can be reduced to a misdemeanor simple assault, eliminating the felony and the flat-time exposure.
What is a dangerous offense and why does it matter?
Under A.R.S. 13-704, an aggravated assault with a deadly weapon or serious injury is a dangerous offense. That removes probation as an option and requires the prison term to be served day-for-day, with no early release. Defeating the dangerous designation is a central defense goal.
What happens in a domestic aggravated assault or strangulation case?
Strangulation of a household member is a Class 4 felony, and a domestic violence designation (A.R.S. 13-3601) attaches, with firearm restrictions and protective-order consequences. These cases often rest on a one-sided account that we investigate and challenge.
Should I talk to the police if I was defending myself?
No. Even with a valid self-defense claim, do not give a statement, ask for a lawyer first. Self-defense is far more effective when presented strategically by counsel than in a police interrogation where your words can be twisted.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Aggravated assault (A.R.S. § 13-1204) is a simple assault plus an aggravating factor, and unlike simple assault, it is a felony.
- Common factors: a deadly weapon or dangerous instrument, serious physical injury, a protected victim, the victim being bound or restrained, or strangulation.
- With a deadly weapon or serious injury, it is a Class 3 “dangerous” offense carrying flat-time prison of 5 to 15 years on a first offense.
- Assaulting a peace officer with a weapon or serious injury can be a Class 2 felony; assaulting a child under 15 can fall under the harsh Dangerous Crimes Against Children law.
- Self-defense and defense of others are complete defenses, if justified, the assault is not a crime at all.
- Whether the injury was “serious” or the object was a “deadly weapon” is often disputable, and can drop the charge to a misdemeanor.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.