Aggravated assault is a serious crime in Arizona, carrying severe penalties that can impact your freedom and future. If you’re facing aggravated assault charges, it’s essential to understand the law and the potential consequences. In this article, we’ll delve into the details of ARS 13-1204, including the definition of aggravated assault, penalties, and possible defenses.
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Arizona Revised Statutes ARS 13-1204: A Serious Offense with Severe Consequences
In the state of Arizona, aggravated assault, as defined under Arizona Revised Statutes (ARS) 13-1204, is a serious felony offense with potentially life-altering repercussions. It involves an assault that inflicts serious physical injury, involves the use of a deadly weapon or dangerous instrument, or is committed against specific vulnerable individuals like children, the elderly, or public servants.
What is Aggravated Assault?
Aggravated assault is a more severe form of assault than simple assault. The elements that elevate an assault to aggravated assault include:
- Causing serious physical injury: This refers to an injury that creates a reasonable risk of death, causes serious and permanent disfigurement, or results in the long-term loss or impairment of any bodily function.
- Using a deadly weapon or dangerous instrument: A deadly weapon is any object designed to inflict death or serious physical injury, such as a gun, knife, or blunt object. A dangerous instrument is any object that, under the circumstances of its use, is capable of causing death or serious physical injury.
- Assaulting specific individuals: Aggravated assault also encompasses assaults against specific individuals, such as:
- Children under 15 years of age
- Peace officers, firefighters, or other public servants engaged in their duties
- People over 65 years of age
- Teachers or other school employees, in the course of their duties
Penalties for Aggravated Assault:
Aggravated assault is typically charged as a Class 3 felony in Arizona. However, the classification can change depending on the circumstances and the victim involved. The penalties for a Class 3 felony aggravated assault can include:
- Imprisonment: A sentence ranging from 3.5 to 15 years, depending on the defendant’s criminal history and any aggravating factors.
- Fines: A fine of up to $150,000 and restitution to the victim for medical expenses and other damages.
- Probation: In some cases, probation may be granted instead of prison, but it will likely come with strict conditions and supervision.
Additional Consequences:
Beyond the legal penalties, a conviction for aggravated assault can have lasting consequences, such as:
- Difficulty finding employment: Many employers hesitate to hire individuals with felony convictions.
- Loss of firearm rights: Felons are prohibited from owning or possessing firearms.
- Immigration consequences: For non-citizens, a felony conviction can lead to deportation or ineligibility for naturalization.
Legal Defense for ARS Aggravated Assault:
If you are facing charges of aggravated assault in Arizona, seeking competent legal representation is crucial. An experienced criminal defense attorney can help you understand your rights, explore possible defenses, and work towards the best possible outcome in your case. Possible defenses against aggravated assault charges may include self-defense, lack of intent, or mistaken identity.
Aggravated assault is a serious offense in Arizona with significant consequences for the offender. If you or someone you know is facing such charges, it is essential to consult with an attorney who can guide you through the legal process and protect your rights.
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FAQs
Is Aggravated Assault a Felony?
Yes, aggravated assault is typically classified as a felony. In Arizona, under ARS 13-1204, aggravated assault is considered a serious crime and is usually charged as a Class 3 or Class 4 felony, depending on the circumstances and severity of the offense.
What is the highest sentence for assault?
The highest form of felony punishment for an assaultive offense is a 1st-degree felony with a punishment ranging anywhere from 5-99 years in jail with a fine not to exceed $10,000.
Can aggravated assault charges be reduced or dismissed?
Yes, there are circumstances where charges may be reduced or dismissed. This can depend on the specifics of the case, including evidence, plea agreements, and legal representation.
