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January 19, 2011

What Constitutes Aggravated Assault in Arizona?

Filed under: Assault — Josh Blumenreich @ 3:24 pm

Under Arizona law, assault is defined as “intentionally, knowingly or recklessly causing any physical injury to another person; or intentionally placing another person in reasonable apprehension of imminent physical injury; or knowingly touching another person with the intent to injure, insult or provoke such person.” Assault is considered a misdemeanor in the state of Arizona. However, aggravated assault, a more serious crime, is considered a felony. According to Arizona Revised Statutes, assault is considered aggravated if the assailant:

  • Causes serious physical injury to another person.
  • Uses a deadly weapon or dangerous instrument.
  • Causes temporary but substantial body disfigurement or impairment to another person.
  • Commits the assault while the victim is bound, restrained or otherwise substantially impaired to resist.
  • Enters the private home of another with the intent to commit to assault.
  • Is at least 18 years of age commits assault against a child 15 years or younger.
  • Is in violation of an order of protection.
  • Commits assault knowing that the victim is a law enforcement officer, constable, firefighter, teacher, health care practitioner or prosecutor.
  • Commits assault using a law enforcement officer’s firearm or other weapon.
  • Commits assault while in the custody of a law enforcement agency, the state department of corrections, the department of juvenile corrections or a city or county jail.

Depending on the severity of the aggravated assault, you could serve up to 21 years in prison under current Arizona sentencing guidelines, or even more time if this is not your first dangerous offense.

If you’re facing aggravated assault charges, you will need aggressive representation. Phoenix criminal attorney Josh Blumenreich can provide you with a strong defense to help enforce your rights under the law. Call us at (602) 252-2570 today for your free consultation.