15 Dec Aggravated Assault
Aggravated Assault can be considered a misdemeanor, but when aggravating factors occur around the crime committed, it is elevated to a felony charge. Arizona takes aggravated assault charges very seriously, as it is when a person is harmed or injured. For an experienced criminal defense lawyer to represent your case fairly, Coolidge Law, located in Gilbert Arizona, can ensure you the best defense possible.
What Constitutes Aggravated Assault?
Aggravated assault felony charges are classified under the legislative statute A.R.S. § 13-1204 (A). This statute states that aggravated assault is due to someone intentionally, recklessly, and purposely invoking physical injury to another person. Being charged with felony aggravated assault may result from:
- Causing serious physical injury to another person.
- Committing assault by means of force that causes temporary, but substantial disfigurement, temporary but substantial loss, impairment of any bodily organ or body part, or fractures of any body part.
- Committing assault after entering the private residence of another with the intent to commit assault.
- Committing assault while a victim is bound, physically restrained, or while the victim’s capacity to resist the assault is substantially impaired.
- Committing any assault against a police officer, peace officer, constable, firefighter, emergency treatment paramedic, teacher, school employee, or licensed healthcare professionals engaging in their occupational duties, public defenders or criminal prosecutors.
- Committing a misdemeanor assault while violating a valid order of protection or restraining orders.
- Gaining control or attempting to gain control of a police officer’s firearm or other weapon.
- Perpetrator is over 18 years old and the victim assaulted is a minor under the age of 15.
- Using a deadly weapon or dangerous object to use as a weapon towards an individual.
Aggravated assault is taken very seriously in Arizona and can be severely charged. Based on the mitigating and aggravating circumstances surrounding the assault, you could be charged with any class of felony with standard presumptive sentencing. The punishment could range from the least severe, a Class 6 felony of 18 months in prison, to the most severe, a Class 2 felony with up to 21 years in prison.
For the best defense possible and to receive the least amount of punishment, contact Coolidge Law today!
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