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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:

National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
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Aggravated Assault in Arizona: Definitions and Penalties

Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly;  protect your rights; and defend your charges.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification

A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person  knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they:   

  1. Causes serious physical injury to another;
  2. Use a deadly weapon or dangerous object to use as a weapon;
  3. Commit assault by means of any force that causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;
  4. Commit assault while a victim is bound; physically restrained; or while the victim’s capacity to resist the assault is substantially impaired;
  5. Commit assault after entering the private residence of another with the intent to commit assault;
  6. Are 18 years of age or older, and they commit assault on a child who is under the age of 15.
  7. Commits a “simple” or Misdemeanor assault while violating a valid order of protection or restraining orders;
  8. Gain Control or attempts to gain control of a police officer’s firearm or other weapon;
  9. Commit any assault against a police officer, peace officers, constables, firefighter, emergency treatment paramedic, teacher, school employee, or licensed health care professionals engaging in their occupational duties,  public defenders or criminal prosecutors;

Aggravated Assault Penalties

Aggravated assault may be charged as Class 6 felony or Class 2 felony (most severe).

Below are felony assaults/aggravated assault penalties for first-time offense convictions:

  • Class 6 Aggravated Assault (least severe): Prison terms 18 months to 3 years; Presumptive term of imprisonment is 27 months.
  • Class 5 Aggravated Assault: Prison terms 2 to 4 years; Presumptive term of imprisonment is 3 years.
  • Class 4 Aggravated Assault:  Prison term 4 to 8 years; Presumptive term of imprisonment is 6 years.
  • Class 3 Aggravated Assault: Prison term up to 15 years; Presumptive term of imprisonment is 7.5 years.
  • Class 2 Aggravated Assault: Prison Term 7 to 21 years; Presumptive term of imprisonment is 10.5 years.

Additionally, aggravated felony assault convictions may result in court offered fines up to $150,000; victim restitutions; additional fees and assessments, felony criminal record, and other penalties the court deems necessary.

Defending Against Criminal Charges

If you face aggravated felony assault charges, you should consult an experienced criminal defense lawyer to discuss your charges, potential penalties for conviction and defense options. If retained, a good criminal attorney will conduct their own investigation of the facts; attempt to obtain exculpatory evidence that can be used in your favor; protect your rights, and obtain the best possible resolution in your matter. The prison sentencing ranges are broad for felony assaults. So the court has discretion over what your sentence will be within that range. Therefore, if the charges cannot be dismissed, the next step for your criminal defense attorney will present mitigating factors in an effort to reduce the sentencing.

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