Aggravated assault is one of the most serious violent crime charges a person can face under Arizona law. While a misdemeanor assault might involve a relatively minor altercation, aggravated assault penalties can involve years in prison, steep fines, and life-long consequences. Because the charge is considered a felony, it follows a person far beyond the courtroom, affecting employment, housing, and personal relationships.
The team of attorneys at Griffen & Stevens Law Firm, PLLC, experienced Flagstaff assault and battery defense lawyers, understand how overwhelming these cases can feel. They also know that no two assault cases are alike. Arizona law sets specific sentencing ranges, but how those penalties are applied depends on the details of the alleged incident and the individual’s prior record.
Understanding Aggravated Assault in Arizona
Before diving into sentencing, it helps to understand what qualifies as aggravated assault under Arizona law. According to Arizona Revised Statutes § 13-1204, aggravated assault occurs when a person commits assault under circumstances that make the offense more severe. This can include situations such as:
- Serious injury. Causing serious physical injury to another person.
- Use of a weapon. Using a deadly weapon or dangerous instrument during an assault.
- Victim’s status. Assaulting certain protected individuals, such as police officers, firefighters, teachers, healthcare providers, or minors.
- Specific circumstances. Committing an assault while restrained, entering a private home to assault someone, or while violating a protective order.
These factors elevate a simple assault into a felony aggravated assault charge. Understanding how Arizona law defines aggravated assault is critical because the classification of the offense directly impacts the severity of potential penalties.
Aggravated Assault Penalties in Arizona
Aggravated assault penalties in Arizona vary widely depending on how the offense is classified. The law divides felony charges into different “classes,” with Class 2 being the most severe and Class 6 being the least.
- Class 2 felony. This is the most serious level for aggravated assault, typically involving severe injury or use of a deadly weapon. Sentences can range from 7 to 21 years in prison for a first offense.
- Class 3 felony. Often involves less severe injuries or other aggravating factors. Penalties can range from 5 to 15 years in prison.
- Class 4 felony. May include assaults involving temporary but substantial disfigurement, fractures, or protected victims. Sentences can range from 4 to 8 years.
- Class 5 felony. Often applies to assaults that cause minor injuries under aggravating conditions. Penalties can range from 2 to 4 years.
- Class 6 felony. The lowest level of aggravated assault, usually involving relatively minor injuries. Prison time can still be up to 2 years, though some cases may be eligible for probation.
Arizona also has sentencing “ranges” that include minimum, presumptive, and maximum penalties. Judges consider aggravating and mitigating factors when deciding where within that range a sentence falls. For example, repeat offenders may face mandatory enhanced penalties, while first-time offenders might receive lighter sentences.
Additional Consequences Beyond Prison
Aggravated assault penalties do not stop at prison sentences. A felony conviction can create long-term consequences that affect nearly every aspect of life.
- Fines and restitution. Convictions can involve fines up to $150,000, along with restitution payments to cover the victim’s medical expenses, therapy, or lost income.
- Loss of civil rights. Felony convictions can strip away the right to vote, serve on a jury, or possess firearms. Restoring these rights requires a lengthy legal process.
- Employment barriers. Employers often conduct background checks, and a violent felony record can severely limit job opportunities, particularly in fields that require licensing or security clearance.
- Housing and financial challenges. Landlords and lenders frequently deny applications based on criminal history, making it difficult to secure stable housing or financial assistance.
- Immigration consequences. For non-citizens, a felony assault conviction can lead to deportation or denial of immigration benefits.
These collateral consequences demonstrate why the impact of aggravated assault extends far beyond the courtroom, reshaping a person’s daily life long after a sentence is served.
Defenses Against Aggravated Assault Charges
Facing aggravated assault penalties does not mean a conviction is inevitable. There are multiple defenses that may apply depending on the circumstances of the case. The attorneys at Griffen & Stevens carefully review the evidence to identify weaknesses in the prosecution’s case.
Some possible defenses include:
- Self-defense. Arizona law allows the use of physical force to protect yourself or others if reasonably necessary. Demonstrating that the force used was justified can be a strong defense.
- Lack of intent. Assault requires proof of intent. If the alleged conduct was accidental, it may not meet the threshold for criminal assault.
- False accusations. Disputes or misunderstandings sometimes lead to exaggerated or false claims, particularly in emotionally charged situations.
- Insufficient evidence. Prosecutors must prove each element of the charge beyond a reasonable doubt. If evidence is weak, inconsistent, or improperly obtained, charges may be reduced or dismissed.
- Constitutional violations. If law enforcement violated a defendant’s rights during the investigation—such as conducting an unlawful search or failing to provide proper Miranda warnings—evidence may be suppressed.
Every case is different, and the defenses available will depend on the facts, but raising the right legal arguments can play a vital role in reducing charges or avoiding a conviction.
Why Contact a Flagstaff Assault and Battery Defense Lawyer
Aggravated assault penalties are among the harshest in Arizona law. Even a lower-level felony conviction can result in years of imprisonment and a lifetime of restrictions. Having an experienced defense team can make a significant difference in how a case is resolved.
The attorneys at Griffen & Stevens Law Firm, PLLC, provide defense for individuals facing these serious charges throughout Flagstaff and Northern Arizona. They know how prosecutors build their cases, and they are prepared to challenge questionable evidence, negotiate for reduced charges, follow a strict timeline, or present a strong defense at trial when necessary.