Read more under Penalties for Aggravated Assault. A person commits aggravated assault if the person commits assault 6 as prescribed by section 13-1203 A common type of aggravated assault charge is vehicular assault where a person drives a car while under the influence of alcohol or drugs and causes an accident that injures another person. The judge cold also sentence you to a prison term. Dont try to feel your way through the criminal justice process alone. Fabian Barela Dominguez, aggravated assault with a Besides operable guns, other examples of deadly weapons include: A dangerous instrument is any object that is under the circumstances, is used or attempted to be used, or threatened to be used, and is readily capable of, causing death or serious injury to someone. Home > Violent Crimes > Aggravated Assault. You could be facing merely fines or a lengthy prison sentence. What type of felony is aggravated assault? If there are any mitigating or aggravating circumstances, then the judge can go down to 1 year in prison and go up to 3.75 years in prison. WebIn Arizona, the standard classification for aggravated assault with a deadly weapon is a class 3 felony. Consult For FREE. Ofcourse, these guidelines dont offer a lot of insight into what is going on with your exact case. People commit this offense when they rob someone and do so while either armed with a deadly Examples: A gun or knife. Hire a good lawyer to represent you. If you have been charged with aggravated assault with a deadly weapon in Arizona, contact us today for a private, no obligation consultation at 602-777-3368. Communicating threats also falls under the heading of assault. Web4 13-1204. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); DISCLAIMER: The material found on this website is intended solely for informational purposes. YesNoUnknown. Stat. Misdemeanor assaults and aggravated assaults are differentiated in that they are either felonies or misdemeanors. Bob swings his fist at Johns face but misses, and John sprints away in fear. The definition also includes a threat or attempted attack with a deadly weapon, such as a For more information misdemeanor assault, see Arizona Assault and Battery Laws. When the victim is a police officer, then the aggravated assault is a Class 5 Felony. Assault with a deadly weapon is similar to assault, in that actual bodily harm does not need to happen. Many states have three-strikes or habitual offender laws in which multiple felony convictions may result in a life sentence in prison, regardless of the severity of the individual crimes. Any type of assault against a police officer in Arizona is a felony offense. 13-1204, but also the crime of dangerous or Additionally, assault with a deadly weapon is considered to be a felony crime in most states because it is a crime that involves violence. James Novak is dedicated to helping his clients, no matter how tough the charges appear. On appeal, Ewer argued that the trial court erred in modifying the justification instructions to generically use the word person rather than defendant. If injury occurs, it is a Class 4 felony. Ann. Ann. This would be true, even though he did not make a physical attempt to hit or shoot John, because he made a threat with a weapon, causing John to reasonably believe he would be harmed. The Arizona Court of Appeals has found that if a gun is only temporarily inoperable, such as if a revolver is missing a pin, then the gun still qualifies as a deadly weapon. Your anonymous tip could earn you a cash reward. Aggravated Assault on an Officer Offenses, Penalties for Assaulting an Officer in Arizona, Common Defenses in Assault and Aggravated Assault Cases, Aggravated Assault Causing Serious Physical Injury, Use of Witness Testimony in Assault and Aggravated Assault Cases, Plea Bargaining in DUI and Other Drunk Driving Cases, Peace officers, such as law enforcement officers. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 1) Aggravated Assault Charges An aggravated assault is a felony in Arizona. ARS 13-1204(A)(8) defines an officer to be any one of the following who is engaged in official duties: A person also could be charged with aggravated assault if he or she attempts to or succeeds in taking control of a peace officer's firearm or any other sort of weapon. Aggravated assault causing A deadly weapon means anything designed for lethal use. stream A fake gun causes real fear of death or serious physical injury, even if the fake gun cannot actually cause death or serious physical injury. A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). A dangerous instrument means anything that is readily capable of causing death or serious physical injury under the circumstances in which it is used. The law says that a regular assault becomes an aggravated Items such as billy clubs, switchblades, and cane swords are other uncommon items that can be used to cause serious injury or death. Call (480) 413-1499. DHS placed the respondent into removal proceedings and charged him with removability under section 237(a)(2)(A)(iii) of the INA, 8 U.S.C. Bob, who is walking toward John, makes a fist and tells John to move over or he will hit him. Initial reports indicated one of the individuals involved had been stabbed with a knife. Today, well discuss some of the most common types of Aggravated Assault. Simple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. 13-705 that is committed against a child who is under 15 years of age. Mitigating factors can result in lighter sentencing in some cases (Ariz. Rev. with honors from the University of Texas in 2014. Click here. (Ariz. Rev. If you commit aggravated assault with a deadly weapon against a peace officer, prosecutor or someone under 15 years of age, the special circumstances of the crime mean you will be charged with a class 2 felony. Your In Arizona, Class 4 felonies are generally punishable by 1 to 3 years in prison, with a presumptive sentence of 2 years. Go to Vehicular Assault to learn more. It could also include an elderly victim whose ability to resist was substantially impaired by their age. There are many potential defenses against a charge of this magnitude, and, it is in your best interest to protect your rights and employ someone who knows the proper defense tactics. The attorney will also work to construct a solid legal defense, and can represent you in court as needed. 1:11. Travis earned his J.D. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. An example of this would be how a baseball bat is not technically an illegal weapon, but it could be considered a deadly weapon if used in the course of the crime of assault. If a victim suffers serious injuries, an assault will be classified as aggravated. Class 4 Felony in Arizona. It is important to know all of your options when facing criminal charges. 1 0 obj Aggravated assault; classification; definitions 5 A. (Ariz. Rev. But if the assault threatens or results in great bodily harm or risk of death, the maximum penalty may be a 20-year prison sentence. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. 29 Apr 2023 23:52:19 Because the injury does not rise to the level of a serious physical injury, this type of aggravated assault is classified as a Class 4 Felony. The contact form sends information by non-encrypted email, which is not secure. STATE OF Further, if no valid defenses can be applied to the charge of assault with a deadly weapon, serious consequences may result. Disclaimer: We are not a government agency. What is the difference between assault and aggravated assault? Also, if the victim is a child under the age of 15, then it is a Class 2 Felony and a Dangerous Crime Against Children. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. WebAggravated assault with a deadly weapon is usually a felony punishable by prison time that can range from a few years to a few decades, depending on the specific The perpetrator administers a drug to the victim as part of the crime. In some jurisdictions, people with HIV (the human immunodeficiency virus) who have had unprotected sex with a person not aware of the disease have been charged with using a deadly weapon. The reasoning is that a person who knows he carries HIV exposes another to the deadly virus basically assaults the other person with a weapon capable of causing death. On 04/29/2023 at approximately 2038 hours, Vermont State Police received multiple 911 calls about an active fight occurring at an address on Route 5s in Fairlee, VT. As discussed above, if you and the victim have a domestic violence relationship as listed in A.R.S. James Novak has more than a decade of experience of providing solid legal counsel throughout Arizona. 4 0 obj The perpetrator attempts to end the victims life during the act. LegalMatch Call You Recently? RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. Investigation determined an argument had occurred between the accused, Anthony Saucer, and the victim, Robert Bishop. Victims Status or Victims Helplessness. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. These types of allegations mean that probation is not an option and the judge must sentence you to prison, even if you have not prior felony convictions. The aggravated assault goes from a Class 6 Felony to a Class 5 Felony. Stat. 2021) PARTIES: if the person is 13-705. The way a misdemeanor assault becomes a felony aggravated assault when the assault is aggravated, or made worse, by some other factor. The courts will also consider whether there is a valid defense for the use of the deadly weapon. The following is a list of recent first and second-degree felony indictments from the Ector County District Clerk's Office. (a) A person commits an offense if the person commits assault as defined in Sec. Law, Intellectual Property Law, Personal Injury We serve clients throughout Arizona including those in the following localities: Maricopa County including Ahwatukee, Apache Junction, Chandler, Fort McDowell, Fountain Hills, Gilbert, Guadalupe, Mesa, Phoenix, Queen Creek, Scottsdale, Sun Lakes, and Tempe; and Arizona State University Campuses in Maricopa County. COURT DATE/TIME: 05/01/2023 @ 1230 hours, COURT: Orange County Superior Court Criminal Division, *Please note: court date and time are subject to change at the discretion of. If you have prior felony convictions and the prosecution is able to prove them, then you face even more prison time. Serious physical injury requires more than a temporary impairment, even if it is substantial. WebAggravated assault is classified as a felony under Arizona Revised Statute (ARS) 13-1204. Eleventh Circuit Upholds Armed Career Criminal Sentence And Holds Florida Aggravated Assault A Violent Felony TALLAHASSEE, FLORIDA Jason R. Coody, Additionally, any prior criminal history can also result in harsher sentencing. 13-1204, 13-701, 13-801). A person could be charged with the offense if he or she commits the assault knowing or having reason to know the person is an officer. Examples: Amputated body parts; paralysis; injuries requiring surgery or longer than normal healing time. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 30 Apr 2023 04:17:29 If the assault is upon a child or minor, the assault may be charged as child abuse or neglect, depending on the circumstances. A gun must be operable to be a deadly weapon. An assault occurs when someone physically harms or wants to harm another person. Copyright 1999-2023 LegalMatch. So, when you go into someones home to assault them, then the assault is elevated from a misdemeanor assault to a felony assault. VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release ACCUSED: Anthony Saucer AGE: 44. or the public information officer. The crime of assault and/or battery becomes an aggravated assault/battery based on whether: A deadly weapon was used; The status of the victim is a protected class; The perpetrator's intent; or; The seriousness of the injury. If there are any mitigating or aggravating circumstances, then the judge can go down to 0.5 year in prison and go up to 2.5 years in prison. An example of data being processed may be a unique identifier stored in a cookie. Aggravated assault with a deadly weapon or dangerous instrument is a Class 3 Dangerous Felony. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. If there are any mitigating or aggravating circumstances, then the judge can go down to a minimum sentence of 5 years in prison and go up to a maximum sentence of 15 years in prison. If sentenced to prison, the judge starts by considering the presumptive term of 3.5 years in prison. For example, in most states, assaulting a police officer or firefighter results in an automatic charge of aggravated assault.