Call now to get started on your FREE case review!(480) 331-7568

What’s the Difference Between Assault and Aggravated Assault?

Monday / August 15, 2016

Arizona differentiates between misdemeanor assaults and aggravated assaults—the latter are, of course, more serious. If you have been arrested for assault or aggravated assault, you need to contact an experienced Tempe aggravated assault attorney right away.

What is Assault?

The crime of assault is committed when a person intentionally or knowingly causes physical injury to another person. Intentionally causing injury is when the defendant intends for his act to physically harm the victim. Knowingly causing an injury is a bit different because the defendant might not have known they would cause the victim physical injury. It wasn’t necessarily deliberate.

Penalties for misdemeanor assault can include up to six months of jail time, fines, probation, and community service.

 

What is Aggravated Assault?

The crime of assault can be elevated to aggravated assault when a person commits assault plus one of the following:

 

  • Causing someone serious physical injury
  • Using a deadly weapon or dangerous instrument
  • Using force that causes temporary but substantial disfigurement, loss or impairment of any body part or organ, or a fracture of any body part
  • Assaulting the victim while they are restrained in any way
  • Assaulting the victim after entering the private home of the victim
  • Assaulting someone under 15 years of age, by someone who is 18 years or older
  • Assaulting a law enforcement agent or police officer

 

Arizona classifies its various forms of aggravated assault as either class 2, 3, 4, 5 or 6 felonies. Each class of felony is subject to a different sentencing range. The penalty ranges increase for dangerous offenses and for repeat offenders. Someone convicted of aggravated assault can be subjected to any or all of the following penalties: jail time, fines, probation, community service, and restitution.

 

Tempe Aggravated Assault Attorney Kyle T. Green

Because of the broad definition of aggravated assault and the severity of a conviction, schedule a no obligation consultation with me by calling 480-331-7568. During this free case review, we’ll look at all aspects of your case. I pride myself on being frank, upfront and honest with my clients, meaning you will walk away from the consultation knowing what difference I can make in your case.

Back to Blogs