Simple assault under ARS § 13-1203 is a misdemeanor involving causing physical injury, placing someone in fear of injury, or touching with intent to injure. Aggravated assault under ARS § 13-1204 is a felony that applies when an enumerated factor is present, such as serious physical injury, use of a deadly weapon, victim restrained, or the victim is a peace officer, healthcare worker, or other protected class. Aggravated assault carries prison exposure ranging from a Class 6 to a Class 2 felony.

An assault becomes aggravated when one or more aggravating factors apply: causing serious physical injury, use of a deadly weapon or dangerous instrument, temporary but substantial disfigurement or fracture, restraining the victim, entering the victim’s home, the victim is under 15 and the perpetrator is an adult, or the victim falls within a protected class (peace officer, healthcare worker, teacher, prosecutor, code enforcement, prison employee).

A dangerous offense under ARS § 13-704 involves the use, threatening exhibition, or discharge of a deadly weapon or dangerous instrument, or causes serious physical injury. The dangerous designation eliminates probation as an option, the judge must impose prison. Sentencing ranges are also significantly enhanced, and you must serve at least 85% of the sentence before release eligibility. Fighting the dangerous designation is one of the most important strategies in aggravated assault defense.

Yes. Arizona is a stand-your-ground state with strong self-defense protections under ARS §§ 13-404 through 13-407. You may use physical force when reasonably necessary to defend yourself, others, or your property against unlawful force. You may use deadly force when reasonably necessary to defend against deadly physical force. There is no duty to retreat. Once self-defense is raised, the State must disprove it beyond a reasonable doubt.

Aggravated assault on a peace officer under ARS § 13-1204(A)(8)(a) is a Class 5 felony, even without injury. If the assault involves a deadly weapon or causes serious physical injury, it can be charged as a Class 2 or Class 3 dangerous felony with mandatory prison. The same penalty structure applies to assault on healthcare workers, teachers, prosecutors, and other protected classes.

Yes. Strangulation and suffocation under ARS § 13-1204(B)(1) are Class 4 felonies. The statute applies when a person knowingly impedes the normal breathing or circulation of a household member by applying pressure to the throat or neck, or by obstructing the nose or mouth. Strangulation cases are often charged as domestic violence offenses, which triggers additional consequences including the federal Lautenberg firearm prohibition.

Yes. Assault charges can be dismissed through self-defense or justification claims, lack of evidence, witness credibility issues, mistaken identity, constitutional violations (illegal arrest, Miranda violations), recanted statements by the alleged victim, false allegations, and procedural defects. An experienced assault defense lawyer evaluates every avenue for dismissal or reduction.

The alleged victim does not control the prosecution, the State does. Once police are involved and the State files charges, the prosecution can proceed even if the alleged victim recants, refuses to cooperate, or asks the State to drop the case. However, a non-cooperating victim significantly weakens the State’s case, especially when combined with other defenses, and often leads to dismissal or reduction.

Yes. Any felony assault conviction permanently strips your right to own or possess firearms under both Arizona and federal law. Additionally, even a misdemeanor domestic violence assault conviction triggers a lifetime federal firearm ban under the Lautenberg Amendment (18 USC § 922(g)(9)). Restoring gun rights after a felony requires a separate legal process and is not guaranteed.

Assault defense costs vary based on charge severity and case complexity. Misdemeanor simple assault cases typically range $2,500 to $7,500. Felony aggravated assault cases range $7,500 to $25,000, with serious dangerous felony cases (drive-by shooting, manslaughter) running higher. Tamou Law Group offers affordable payment plans and free consultations.

Arizona allows record sealing under ARS § 13-911 for certain offenses including dismissed charges, acquittals, and some completed misdemeanor and lower-level felony convictions after waiting periods. Dangerous offenses and offenses involving serious injury are generally ineligible. Tamou Law Group handles record sealing petitions throughout Maricopa County.

Criminal defense exclusively, deep self-defense and dangerous offense experience, over 1,000 cases won, a team that includes former prosecutors and law enforcement, fast response times including same-day jail visits, and aggressive trial-ready advocacy to protect your freedom, record, and firearm rights across Phoenix and Maricopa County.