Aggravated assault is a serious crime in Arizona that should not be taken lightly. A conviction for this offense could lead to jail time and significantly impact your rights, freedom, and future.
If you are under investigation for or have been charged with alleged aggravated assault, you should not wait to get in touch with a lawyer. The dedicated attorneys at Grand Canyon Law Group have successfully handled these charges for many people in your situation. We can explain the legal definition of aggravated assault under ARS 13-1204 and determine an effective strategy for your case.
Elements of Aggravated Assault
Under Arizona Revised Statute §13-1204, the legal definition of aggravated assault contains multiple elements to differentiate this charge from simple assault. To better understand the crime of aggravated assault, it is important to outline what constitutes assault in the first place.
The Definition of Assault
Assault is when someone intentionally, carelessly, or purposefully injures another individual, intentionally makes another individual fear that they will be imminently injured, or purposefully touches another individual while intending to provoke, offend, or injure them.
Aggravated assault occurs when a person commits the crime of assault with aggravating factors present. This could be due to the alleged victim’s identity or other specific circumstances outlined in the statute.
Instances of aggravated assault include situations that:
- Result in serious bodily injury
- Involve the use of force that inflicts substantial disfigurement
- Involve the use of a deadly weapon
- Occur while the alleged victim is physically restrained
- Involve assault against a minor
A person who commits assault and violates a previously issued order of protection can also be charged with aggravated assault. In addition, assault committed against an officer is always an aggravated offense. An officer could be a police officer or other law enforcement personnel, but aggravated charges could also stem from assaulting a teacher, healthcare worker, prosecutor, or public defender.
Defenses to Aggravated Assault Under ARS 13-1204
Whereas simple assault is a misdemeanor, the penalties connected to any conviction for aggravated assault are considerably more serious because the crime is always charged as a felony. According to the legal definition for aggravated assault, this crime can be charged as a Class 6 felony, which carries a prison term of up to three years, up to a Class 2 felony, which has a prison term of up to 21 years.
Our attorneys can advise on potential defense strategies against a specific aggravated assault charge. If any elements required to convict someone for aggravated assault are missing, the prosecutor may be unable to meet the burden of proof needed to win their case. In some situations, arguing self-defense or lack of intent may also be effective in fighting an aggravated assault charge.
Learn More About Fighting Aggravated Assault Charges
A conviction for aggravated assault could have wide-ranging consequences for you and your way of life. In addition to potential prison time, a conviction for aggravated assault could make obtaining a job or housing difficult even after serving a sentence.
When your future is at stake, do not leave your case to chance. Speak with a skilled attorney about your case to improve your chances of securing a favorable outcome. Call Grand Canyon Law Group today to review the legal definition of aggravated assault under ARS 13-1204 and discuss your options for defending against the charges.