Aggravated Assault and Arizona Law

Aggravated Assault and Arizona LawIf you’re facing an aggravated assault charge in Arizona, prepare yourself for a tough road ahead. In Arizona, aggravated assault is always a felony resulting in prison sentencing and fines upwards of $150,000 plus an 83% surcharge. Additionally, you’ll face challenges financially, professionally, and personally for many, many years.

What is Aggravated Assault?

Assault is defined as “the crime of attempting or threatening to do serious bodily harm to another person, or to cause that person to fear bodily harm.” Aggravated assault is assessed by the severity of the crime and is determined by examining the totality of circumstances surrounding the assault. Circumstances may include use of a weapon, serious injury, or disfigurement. You may even be charged with aggravated assault if you threaten someone with a gun or another weapon.

Arizona Laws and Aggravated Assault

Aggravated assault charges in Arizona are taken very seriously. According to ARS 13-1204, a person may be found guilty of felony assault or aggravated assault if they:

  • Cause serious physical injury to another
  • Use a deadly weapon or dangerous object as a weapon
  • Commit assault using any force that causes temporary but substantial disfigurement, loss or impairment of any bodily organ or body part, or fractures of any body part
  • Commit assault while a victim is bound, physically restrained, or while the victim’s capacity to resist the assault is substantially impaired
  • Commit assault after entering the private residence of another with the intent to commit assault
  • Are 18 years of age or older, and they commit assault on a child who is under the age of 15
  • Commit a simple or misdemeanor assault while violating a valid order of protection or restraining order
  • Gain control or attempt to gain control of a police officer’s firearm or other weapon
  • Commit any assault against a police officer, peace officer, constable, firefighter, emergency treatment paramedic, teacher, school employee, or licensed health care professional engaging in their occupational duties, public defender or criminal prosecutor

Consequences

Consequences of an aggravated assault charge can yield longstanding impact on one’s personal and professional lives. In many cases, the consequences have a drastic effect on earning potential, employment opportunities, and family dynamic. Some of the most severe consequences include:

Imprisonment

In the state of Arizona, all felony assault charges carry prison sentencing if convicted in Arizona. The length of the sentence is determined by the nature of the crime. Extended prison time means losing exposure to family, friends, and loved ones, making it hard to maintain bonds and relationships.

Financial Stress

Aggravated assault charges often include fines of up to $150,000. You may also be ordered to pay restitution or monetary amends to the victim in an amount determined by the court. These staggering fees often take years to pay off, making it challenging to meet other necessary financial obligations.

Adverse Effect on Employment Opportunities

A felony assault charge results in having a permanent criminal record, an automatic disqualifier when pursuing employment. A criminal record permanently limits the economic opportunities and earning potential that individual has once a conviction is made.

Loss of Basic Rights

In addition to the above consequences, convicted felons cannot vote, serve on a jury, or own a firearm.

Aggravated assault is not taken lightly in Arizona. If you face aggravated felony assault charges, it is prudent that you contact our law offices today at (602) 899-3720 to discuss how I can best help you protect your rights.

 
By | 2016-11-10T16:30:48+00:00 November 10th, 2016|Assault|Comments Off on Aggravated Assault and Arizona Law