Aggravated Assault

Aggravated assault is a serious crime, and if you’re convicted, you’ll very likely be ordered to serve at least a portion of your sentence in jail or state prison. However, being arrested for aggravated assault in Phoenix is not the same thing as being found guilty because it’s up to the prosecution to prove every element of the offense against you—if they can.

At the Law Offices of James E. Novak, our Phoenix aggravated assault lawyer has more than 25 years of experience defending the rights and freedoms of good people charged with serious crimes. We are dedicated to upholding your presumption of innocence and will do everything possible to ensure that your case ends in the best result possible.

Under Arizona law, assault comes in two forms: misdemeanor assault and aggravated assault. Misdemeanor assault involves one of the following:

• Intentionally, knowingly, or recklessly causing physical injury to another person.
• Intentionally putting someone in reasonable fear of imminent physical harm.
• Knowingly touching someone with the intent to injure, insult or provoke them.

However, there are certain facts that, if present, will turn what was otherwise an assault into an aggravated assault, for example:

• Serious Physical Injury: If an assault results in serious physical injury to another, it is considered an aggravated assault. Serious injuries are those that create a reasonable risk of death, or that cause serious and permanent disfigurement or loss or impairment of the function of any organ or limb.
• Use of a Deadly Weapon or Dangerous Instrument: If the assault is committed with a deadly weapon, firearm, or any other dangerous instrument, it becomes an aggravated assault. The law considers objects like knives, guns, or even cars as deadly weapons or dangerous instruments if used in a way that can seriously injure someone.
• Victim’s Status: Assaults against certain classes of victims automatically escalate to aggravated assault. This includes assaults against police officers, firefighters, teachers, healthcare providers, and other public officials while they are performing their official duties.
• Restraint, Entry, or Incapacitation: If someone commits an assault after entering the private home of another with the intent to commit the assault, or if the assault involves the use or threat of physical restraint, it is classified as an aggravated assault.
• Age and Custodial Status: Assaults on minors who are 15 years of age or younger or assaults committed by adults on minors under their legal custody or supervision can also result in aggravated assault charges.

In Arizona, if you are convicted of aggravated assault, you’ll face a severe sentence. Of course, the exact penalties depend on various factors, including the nature of the assault, whether a weapon was used, the extent of the alleged injuries, and your prior criminal history.

For a Class 2 felony aggravated assault, which might involve serious injury or the use of a deadly weapon, you could face 5 to 15 years in prison. If there are aggravating factors, such as a prior criminal record or the assault being particularly heinous, the prison term can extend up to 21 years.

For a Class 3 felony aggravated assault, such as those involving less serious injury, the sentence can range from 2.5 to 7 years in prison, with potential increases for aggravating circumstances.

If the alleged victim is a member of a special class, like a police officer or teacher, and the assault occurs while they are performing their duties, the penalties can be more severe, with the possibility of a mandatory prison sentence, even for a first-time offender.

Moreover, being convicted of aggravated assault can lead to other long-term consequences, including loss of the right to own firearms, difficulty finding employment, and the stigma of a felony record. Probation, fines, restitution, and mandatory anger management classes may also be part of the sentence.

If you’ve been charged with aggravated assault in Phoenix or elsewhere in Maricopa County, the Law Office of James E. Novak can help. Attorney Novak has handled countless cases involving violent crimes such as aggravated assault and domestic violence offenses. We offer free consultations to all prospective clients and are immediately available to meet with you to discuss your case. To learn more, and to schedule a free consultation with our Phoenix assault lawyer today, call 480-413-1499. You can also reach us through our secure online contact form.