Arizona has two categories of assault charges: misdemeanor assault and aggravated assault. Aggravated assault is the more serious of the two charges because you’re accused of trying to do more harm to the other person. The most important thing to remember is that you’re accused of a crime. You haven’t been convicted of aggravated assault. Since this charge is a felony, you need a criminal lawyer to help you with your case. Click here to understand more about how a criminal lawyer can help you.
Learning More about Aggravated Assault
A prosecutor can say you’re guilty of assault all he or she wants, but Arizona requires proof of your guilt. In fact, the state has a set of elements the prosecutor must follow under A.R.S. 13-1204 to show a judge or jury your guilt. Although there are nine elements, which elements that are used to present a case depends on the circumstances of the particular assault case. For instance, one element of aggravated assault is if you gain control or attempt to gain control of a weapon or police officer’s weapon. Another element is if you commit an assault against a law enforcement official, teacher, first responder or healthcare professional while they are on the job.
Specific Aggravated Assault Elements
In addition to the two elements listed above, the prosecutor must show you committed any of the following elements:
- You caused serious physical injury to a human being
- You used a dangerous instrument (such as baseball bat, pipe, etc.) or deadly weapon to harm the human being
- You committed the assault by use of force that causes substantial and temporary disfigurement, loss of any body organ, impairment of a body organ or fracture to any area of the body
- You committed the assault while the person was physically restrained, incapacitated or impaired
- You committed the assault after you entered the private home of a person with the intent to assault someone
- You are over 18 years old and the other person you’re accused of assaulting is 15 years old or younger
- You committed what is considered a misdemeanor assault, but you are in violation of a protective order (the person has on order against you)
If you are convicted of aggravated assault for the first time, you may have to pay a fine of $150,000, restitution and other court fees. The specific time you do in prison depends on the aggravated assault class you’re charged with. There classes range from Class 2 to 6. The most severe is Class 2, which is seven to 21 years in prison.
- Class 6: 18 months to three years in prison (minimum of 27 months)
- Class 5: two to four years in prison (minimum of three years)
- Class 4: four to eight years in prison (minimum of six years)
- Class 3: up to 15 years in prison (minimum of seven and a half years)
Your Maasen Law Firm Legal Team
Your legal team at our Maasen Law Firm will help you in many ways. For instance, we may negotiate a plea agreement for a lesser charge of misdemeanor assault. We could present evidence in court that shows your innocence. We may even get your case dismissed.
If you or someone you love is facing an aggravated assault charge, it’s imperative that you contact us as soon as possible for a free consultation. During your consultation we will start fighting for your rights by telling you all your legal options. The prosecutor has already started working on your case. So you need a team fighting for you.