Few criminal charges sound as severe as “assault.” It suggests significant harm to someone’s safety and wellbeing. However, in Arizona, simple assault is often treated as a misdemeanor. The more serious aggravated assault charge arises when additional circumstances “aggravate” a simple assault. Here’s what you need to know about aggravated assault in Prescott and how you can protect your rights if you’re facing charges.
1. What Constitutes “Simple Assault” in Arizona?
Under A.R.S. § 13-1203, an assault can occur if someone:
- Intentionally, knowingly, or recklessly causes physical injury to another person.
- Intentionally places another in reasonable apprehension of imminent physical injury.
- Knowingly touches another person with the intent to injure, insult, or provoke.
These actions typically result in misdemeanor charges. But if additional, aggravating factors are present, the charge escalates to aggravated assault.
2. When Does an Assault Become “Aggravated”?
A.R.S. § 13-1204 outlines various conditions that can elevate a simple assault to aggravated assault, including:
- Serious Physical Injury
- Causing substantial harm that goes beyond minor bruises or scrapes.
- Use of a Deadly Weapon or Dangerous Instrument
- Even a simulated deadly weapon can trigger aggravated charges.
- Significant Bodily Harm
- Temporary but substantial disfigurement or loss/impairment of a body part.
- Restraint or Reduced Capacity to Resist
- If the victim was bound or their capacity to fight back was significantly impaired.
- Home Invasion
- Entering someone else’s private residence intending to commit assault.
- Age Factors
- If the alleged assailant is 18 or older and the victim is under 15.
- Violation of an Order of Protection
- Any prohibited contact or physical act while under a restraining order.
- Status of the Victim
- Examples include peace officers, firefighters, teachers, healthcare workers, prosecutors, code enforcement officers, or park rangers acting in their official duties.
- Choking or Strangulation
- Intentionally restricting another person’s breathing or blood circulation.
- Custody Situations
- If the assault occurs while the defendant is in prison or under correctional supervision, and the victim is working in an official capacity within that facility.
Any one of these factors can turn a misdemeanor assault into a felony charge.
3. Potential Consequences of an Aggravated Assault Conviction
All forms of aggravated assault in Arizona are felonies, which means:
- Possible Prison Sentences
- May include mandatory prison terms for certain offenses.
- Extended Probation
- Upon release, probation conditions can be lengthy and restrictive.
- Long-Term Impact
- Felony convictions can affect employment, housing, loans, and other essentials.
Even a lesser felony designation can create major roadblocks for your future.
4. Facing Aggravated Assault Charges in Prescott?
If you’re accused of aggravated assault, do not navigate this alone. A felony conviction can devastate your life—jeopardizing your job, finances, and personal relationships. You need a proactive, experienced legal team on your side.
Why Choose Ted Agnick?
Ted Agnick, DUI & Criminal Attorney, has handled a wide range of assault cases, including complex aggravated assault charges. Our team knows how to:
- Examine the Evidence
- Look at police reports, witness statements, and any available surveillance.
- Identify Defenses
- Could self-defense or defense of others apply? Was there a misunderstanding or lack of intent?
- Negotiate or Fight in Court
- We aim to reduce or dismiss charges, or build a strong courtroom defense if needed.
5. Take Action Today
Call (928) 776-1782 or visit our office at 140 N Montezuma Street, Prescott, AZ 86301. We offer a FREE CONSULTATION, so you can discuss your situation confidentially and learn how we can help. The sooner you act, the better your chances of achieving the best possible outcome.
Disclaimer: This content is provided for general informational purposes and should not be considered legal advice. For counsel specific to your circumstances, please consult a qualified attorney.