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Have you been charged with Aggravated Assault?

Accusations of Aggravated Assault are serious. Due to the nature of the crime, a conviction can result in a severe punishment. In addition to having to face the criminal charges, you may be charged with civil charges. A strong defense and positive outcome is significant to your case should civil charges be filed.

If charged with Aggravated Assault you are facing anything from a Class 5 Felony up to a Class 2 Felony. The jail term ranges from two (2) years to seven (7) years for a first offense, four (4) years to fourteen (14) years with one dangerous prior and six (6) years to twenty (21) years with two dangerous priors.

The common definition of aggravated assault in Arizona is the unlawful attack by one person upon another with the intent of inflicting serious bodily injury. Aggravated assault is not only limited to physical assault using any body parts, it is also applicable to use of guns, knives, baseball bats, car or any other items so long as there was intent of inflicting serious bodily harm.

There are several defenses that can be used on this case such as has the victim ever been convicted of Aggravated Assault or any other criminal charges; was this aggravated assault or you defending yourself, and more.

What Is The Definition of Aggravated Assault?

To fully understand the definition of Aggravated Assault you must understand the definition of Assault.

Under Arizona Revised Statues §13-1203 (A), a person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.

Under Arizona Revised Statues §13-120 (A), a person commits Aggravated Assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

In addition, you can be charged with Aggravated Assault if the person who commits the assault knows or has reason to know that the victim is a peace officer, constable, firefighter, fire investigator, fire inspector, emergency medical technician, paramedic, teacher, health care practitioner, or prosecutor and this person is engaged in the execution of their duties. If the person knowingly takes or attempts to exercise control over any firearm, weapon, or implement that is used by a peace officer or other officer.

Lastly, you can also be charged with Aggravated Assault if you are imprisoned or otherwise subject to the custody of (a) the state department of corrections, (b) the department of juvenile corrections, (c) a law enforcement agency, (d) a county or city jail or (e) an adult or juvenile facility of a city or county.

Free Initial Consultation, Low Fees & Payment Plans Available

We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. The Law Offices of Alex Lane also has the availability to consult with several forensic experts to build a strong defense.

You need an aggressive attorney who is experienced to defend you and your rights. To schedule a FREE initial consultation call (480) 776-5757 or click here. The Law Offices of Alex Lane will offer you our lowest rates, and payment plans are available.