Understanding Aggravated Assault Charges in AZ
Aggravated Assault or Felony Assault in Arizona can be charged for many different courses of conduct. For this reason, it can be a difficult law to understand. Even more, the Arizona Legislature is continually expanding the law. Just recently, a new form of aggravated assault was added to the law. Aggravated assault charges are no joke in Arizona. This is especially true when there is a dangerous designation put on the charge by the prosecution.
Despite it being a difficult law to understand, it is not unmanageable. Like most other laws, it just needs to be broken up into pieces. To begin to understand what aggravated assault is, you must first look to how misdemeanor assault is defined in the law given that aggravated assault is for the most part an extension of that law. Just like it sounds, aggravated assault is simple assault with conduct that makes it an aggravated offense.
Misdemeanor Assault ARS 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.
Aggravated Assault ARS 13-1204
Aggravated assault can be committed in many ways in Arizona. One of the big differences between aggravated assault and simple assault is that simple assault is a misdemeanor offense and aggravated assault is a felony offense.
Given the expansiveness of the statute, it is best to look at all of the language of the law together and try to break it up into sections. Aggravated assault is broken into two subsections (A) and (B). The exact language is as follows:
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 minor under fifteen years of age.
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.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
- (a) A peace officer or a person summoned and directed by the officer.
- (b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable’s official duties.
- (c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.
- (d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher’s or nurse’s professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
- (e) A health care worker while engaged in the health care worker’s work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person’s professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability or because the person is seriously mentally ill, as defined in section 36-550.
- (f) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor’s official duties.
- (g) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer’s official duties.
- (h) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger’s official duties.
- (i) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender’s official duties.
- (j) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer’s official duties.
9. If the person knowingly takes or attempts to exercise control over any of the following:
- (a) A peace officer’s or other officer’s firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
- (b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
- (c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, “implement” means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
- (i) The state department of corrections.
- (ii) The department of juvenile corrections.
- (iii) A law enforcement agency.
- (iv) A county or city jail or an adult or juvenile detention facility of a city or county.
- (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
B. A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:
- The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.
- Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.
Facing Aggravated Assault Charges in Arizona? Call Us Today
Aggravated assault charges in Arizona are very serious charges. This is even more true if the charges are designated as a dangerous offense. This could mean a mandatory prison sentence even for a first offense. If you or a loved one is facing aggravated assault charges, reach out to Attorney Steven Scharboneau immediately to discuss your case free of charge. Talking to the right attorney to explore your options is invaluable and Steven will talk to you about your case for free. Call or text 24/7 at (480) 363-0090 or click HERE to send us a message.
