Aggravated Assault can be considered a misdemeanor, but additional factors surrounding the crime may cause it to be elevated to felony status. If you’ve been accused of aggravated assault, Coolidge Law in Gilbert Arizona is your choice for a tough and knowledgeable defense. We’re experienced, fair, and we care.
What Constitutes Aggravated Assault?
Aggravated assault felony charges are classified under the legislative statute A.R.S. § 13-1204 (A). Defined by law, aggravated assault is when someone intentionally, recklessly, and purposely invokes physical injury to another person. Receiving a felony class aggravated assault charge 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, or against public defenders or criminal prosecutors.
- Committing a misdemeanor assault while violating a valid order of protection or a restraining order.
- Gaining control or attempting to gain control of a police officer’s firearm or other weapons.
- the perpetrator being aged 18 years or older, and the victim assaulted being a minor under the age of 15.
- Using a deadly weapon, or a dangerous object that is used as a weapon, against an individual.
Based on the mitigating (less severe) or aggravating (more severe) circumstances surrounding a felony assault, a person in Arizona could be charged with any class of felony and receive the standard presumptive sentencing for that class. The least severe sentence is a class 6 felony charge of 18 months in prison. The most severe sentence is a class 2 felony charge of up to 21 years in prison.
Contact Coolidge Law today with any questions you may have about aggravated assault or any other criminal law needs. We’re here to answer your questions. And if you’ve been charged, we’ll give you a thorough, solid defense.
Images used under creative commons license – commercial use (6/3/2019) Moin Uddin (Flickr)