The state of Arizona considers assault a serious offense – even more so when the offense has been escalated to aggravated assault. Aggravated assault is automatically considered a felony which can have a major impact on the rest of your life.
When Does Assault Become Aggravated Assault?
Most often, incidents that involve serious physical injury are the reason an assault charge gets elevated to an aggravated assault charge, but aggravated assault can still occur if:
- A deadly weapon or dangerous instrument is used during the crime
- The assault is committed on a victim who is physically restrained
- The victim is under 15 years old
- The victim is a police officer, firefighter, teacher or healthcare worker on official duty
- An Order of Protection is violated during the assault
In addition, Arizona state statute 13.1204 outlines a variety of actions and circumstances when aggravated assault would be an appropriate charge.
Aggravated Assault Penalties
An aggravated assault charge is a felony, but the penalties related to the felony can change depending on the circumstances that led to the charge. An aggravated assault conviction can be labeled anywhere from a class 6 to a class 2 felony with serious consequences, including:
- Prison Time – 1-12.5 years of incarceration depending on the severity of the charge, a person’s age, nature of the crime and criminal history. When a weapon is used during the crime, a mandatory minimum prison term will be part of the sentencing.
- Fines – Up to $150,000 in fines
- Probation – Months to years of meeting with a probation officer and adhering to other terms and conditions set forth such as counseling, anger management classes and maintaining steady employment.
- Community Service – A court-appointed number of community service hours with approved charities and organizations.
- Restitution – Payment to another person or organization for counseling, medical needs, or shelter services for the victim or others involved and injured by the aggravated assault.
The Kyle T. Green Approach to Aggravated Assault Defense
There are several benefits to having an experienced aggravated assault attorney represent you. My negotiation skills and positive reputation in the Arizona courts can lead to a reduction of charges including lower fines, probation, and even options with no prison time. I understand the sentencing laws and having been personally involved in a number of aggravated assault trials, I know what you can expect and how to build the strongest defense for your aggravated assault case.
Give your aggravated assault felony charge the time and attention it deserves by consulting a lawyer who knows first-hand how seriously the state of Arizona prosecutes such charges. As a former prosecutor, I know what the state will focus on and pride myself on being frank, upfront and honest with my clients. Schedule a free, no-obligation consultation by filling out the contact form on the side or calling 480-331-7568.