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Is Aggravated Assault a Felony in Arizona?

Is Aggravated Assault a Felony in Arizona?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

A plain-English guide from Tamou Law Group, PLLC, Arizona criminal defense attorneys available 24/7.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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  • Causing serious physical injury to another person
  • Using a deadly weapon or dangerous instrument
  • Committing the assault after entering a private home with the intent to commit the assault
  • Assaulting a peace officer, firefighter, or other protected professional while they are engaged in their official duties
  • Committing assault while the victim is bound or physically restrained
  • Assaulting someone while they are in a position that prevents them from resisting
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Aggravated assault is considered a felony in Arizona.

Potential Penalties for Aggravated Assault

  • Substantial fines, which can reach up to $150,000
  • Probation, which may be imposed in addition to or instead of prison time
  • Restitution to the victim for any damages or medical expenses incurred
  • Loss of certain civil rights, such as the right to possess firearms

Factors Influencing Severity of Charges and Sentencing

  • The extent of injuries sustained by the victim
  • Whether a weapon was used and the type of weapon involved
  • The status of the victim (e.g., if they are a law enforcement officer or a domestic partner)
  • The defendant’s prior criminal record
  • Any aggravating or mitigating circumstances surrounding the incident

Common Defenses Against Aggravated Assault Charges

Long-Term Consequences of Aggravated Assault Conviction

  • Difficulties in finding employment
  • Housing challenges
  • Restrictions on professional licenses
  • Limitations on certain civil rights
  • Social stigma and damaged relationships
  • Challenges in obtaining loans or credit
  • Restrictions on international travel
  • Potential impact on child custody arrangements

These consequences highlight the importance of mounting a strong defense against aggravated assault charges. The effects of a conviction can extend far beyond the immediate legal penalties, affecting an individual’s personal and professional life for years to come.

Alternative Sentencing Options and Rehabilitation Programs

In some cases, alternative sentencing options or rehabilitation programs may be available, depending on the specific circumstances of the case and the defendant’s background. These could include:

  • Anger management programs
  • Substance abuse treatment
  • Mental health counseling
  • Community service
  • Restorative justice programs
  • Electronic monitoring or house arrest

Plea bargains may also be negotiated in some instances, potentially reducing the charges or penalties. An experienced attorney can help explore these options and determine the best course of action for each individual case.

Legal Resources for Those Facing Aggravated Assault Charges

For those facing aggravated assault charges in Arizona, it is essential to be aware of available resources. These may include:

  • Legal aid organizations
  • Public defender’s offices
  • Support groups for individuals facing criminal charges
  • Educational materials on criminal law and defendants’ rights
  • Online legal databases and resources
  • Professional associations of criminal defense attorneys

These resources can provide valuable information and assistance throughout the legal process, helping defendants make informed decisions about their cases. It’s important to utilize these resources in conjunction with professional legal advice to ensure the best possible outcome.

The Importance of Prompt Legal Action

Time is of the essence when facing aggravated assault charges. Prompt legal action can help preserve evidence, protect the defendant’s rights, and potentially lead to better outcomes. Some important steps to take immediately after being charged include:

  • Exercising the right to remain silent
  • Contacting an experienced criminal defense attorney
  • Documenting all relevant information about the incident
  • Preserving any potential evidence
  • Avoiding contact with the alleged victim or witnesses
  • Refraining from discussing the case on social media or with others

Taking these steps can help lay the groundwork for a strong defense and potentially mitigate the consequences of the charges. Remember, every action taken following an arrest can have significant implications for the case, so it’s crucial to proceed with caution and under the guidance of a qualified attorney.

Facing Criminal Charges? Get Top-Tier Legal Representation

Tamou Law Group PLLC is a distinguished Arizona-based criminal defense law firm. Founded by Michael Tamou on principles of integrity, professionalism, and dedication, our mission is to provide top-tier legal representation to clients facing criminal charges throughout Arizona.

Our Phoenix criminal defense lawyers are committed to defending your rights and achieving the best outcome for your case.

Call our offices today at 623-321-4699 or fill out one of our short contact forms.

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Common Questions

Frequently Asked Questions

Is aggravated assault always a felony in Arizona?

Yes, aggravated assault is always a felony in Arizona, charged as a class 2, 3, 4, 5, or 6 felony under A.R.S. §13-1204 depending on the circumstances. Factors like weapon use, injury severity, and the victim’s status determine the felony class and sentencing range.

What class of felony is aggravated assault in Arizona?

Aggravated assault ranges from a class 6 to a class 2 felony in Arizona, with most cases involving a deadly weapon or serious physical injury charged as class 3 felonies. Assaults on police officers or victims under 15 can elevate the charge to a class 2 felony.

What is the minimum sentence for aggravated assault in Arizona?

The minimum sentence for a first-offense class 3 dangerous aggravated assault in Arizona is 5 years in prison, with a presumptive term of 7.5 years under A.R.S. §13-704. Nondangerous aggravated assault convictions may be probation-eligible, so challenging the dangerous allegation is often the key defense priority.

Can aggravated assault be reduced to a misdemeanor in Arizona?

Yes, some aggravated assault charges can be reduced to misdemeanor assault under A.R.S. §13-1203 through plea negotiations, particularly in nondangerous cases with weak evidence or minor injuries. A defense attorney can also seek dismissal or a class 6 undesignated felony that later becomes a misdemeanor.

Is throwing a rock at someone aggravated assault in Arizona?

Yes, throwing a rock at someone can be charged as aggravated assault in Arizona because a rock qualifies as a dangerous instrument capable of causing serious injury. Prosecutors must still prove intent and actual danger, so these cases often turn on the specific facts.

Can a 12-year-old be charged with aggravated assault in Arizona?

Yes, a 12-year-old can be charged with aggravated assault in Arizona, but the case stays in juvenile court because A.R.S. §13-501 permits adult prosecution only for juveniles 14 and older. Juvenile adjudications focus on rehabilitation but can still carry serious long-term consequences.

How much is the fine for aggravated assault in Arizona?

The maximum fine for felony aggravated assault in Arizona is $150,000, plus surcharges, under A.R.S. §13-801, which caps felony fines for individuals at that amount. Courts may also order restitution to the victim for medical bills and other losses on top of any fine.

Does aggravated assault carry mandatory prison time in Arizona?

Aggravated assault carries mandatory prison time in Arizona only when charged as a dangerous offense involving a deadly weapon or serious physical injury; nondangerous convictions may allow probation. An experienced defense attorney can fight the dangerous allegation to preserve probation eligibility. Call 623-321-4699, 24/7.

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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.

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