Aggravated Assault

Aggravated assault under A.R.S. § 13-1204 is one of the most frequently charged felony offenses in Arizona. It occurs when assault is committed under aggravating circumstances.

Aggravating Circumstances

• Causing serious physical injury
• Using a deadly weapon or dangerous instrument
• Victim is bound, restrained, or capacity to resist is impaired
• Victim is a peace officer, firefighter, teacher, or other protected person
• Defendant enters a private home to commit assault
• Victim is under fifteen
• Defendant violates an order of protection

Penalties

Classified as a felony ranging from Class 2 to Class 6. When a dangerous instrument or deadly weapon is used, mandatory prison time applies.

Defenses

Strategies include self-defense, challenging the characterization of an object as a dangerous instrument, disputing the severity of injuries, or questioning whether the victim was engaged in official duties.