Aggravated Felony Assault

Respected Phoenix Criminal Defense Attorney Committed to Defending Clients Charged With Violent Crimes

Felony aggravated assault is a serious crime, and in Arizona, a conviction carries severe penalties and long-lasting consequences. If you’re aggravated assault charges, it’s important to understand the law, what makes an assault charge a felony, the potential punishments, and what defenses may be available to you. At the Law Office of James E. Novak, we are committed to providing a strong defense to anyone accused of a violent crime, including felony aggravated assault. We have more than 25 years of experience successfully defending the rights of our clients and look forward to discussing how we can help minimize the impact that your case has on the rest of your life.

What Constitutes Aggravated Assault in Arizona?

Under Arizona law, aggravated assault is a more serious type of assault that comes up when the prosecution can identify one or more aggravating circumstances. According to Arizona Revised Statutes §13-1204, aggravated assault can happen when an individual intentionally, knowingly, or recklessly causes physical harm, threatens to cause harm, or makes offensive physical contact with another person. What sets aggravated assault apart from simple assault are the aggravating factors that increase the gravity of the offense.

These factors can include the involvement of a deadly weapon, the severity of the injury inflicted, or the status of the victim, for example, if the victim was a police officer or a child. Aggravated assault is treated as a felony in Arizona, which means that the consequences are far more serious than those for a misdemeanor assault.

When Does Assault Become a Felony?

An assault charge in Arizona escalates to a felony when there is at least one aggravating circumstance. Some of the most cited aggravating circumstances include the following:

Use of a Deadly Weapon or Dangerous Instrument: When a weapon like a gun, knife, or any other object capable of causing serious injury is used during the assault, the charge is elevated to aggravated assault.

Causing Serious Physical Injury: If the victim suffers severe physical harm, such as broken bones, deep wounds, or injuries that require extensive medical treatment, the assault is charged as a felony.

Assault on a Protected Class: Assaulting certain individuals, including law enforcement officers, firefighters, healthcare workers, or teachers, often results in a felony charge due to the protected status of these individuals.

Assaulting a Minor: If an adult assaults a child under the age of 15, it is automatically considered aggravated assault, carrying more severe penalties.

Assault While in Custody: Committing assault while incarcerated or under the custody of law enforcement is another situation where the charge will be elevated to a felony.

Typically, if the facts of your case qualify as an aggravating circumstance, the prosecution will elect to charge you with felony aggravated assault rather than misdemeanor assault. However, nothing prevents the prosecution from choosing not to pursue felony charges if prosecutors believe doing so is in the interests of justice.

Penalties for Felony Aggravated Assault

The specific penalties for aggravated felony assault depend on the classification of the felony, which can range from Class 2 to Class 6, with Class 2 being the most severe.

Class 2 Felony: This carries a prison sentence ranging from 7 to 21 years, depending on the defendant’s prior criminal history and other factors.

Class 3 Felony: A Class 3 felony conviction can result in a prison sentence of 5 to 15 years. This may apply in cases involving serious injury or when the victim is a member of a protected class.

Class 4 Felony: Less severe than Class 2 or 3, a Class 4 felony can still lead to a prison term of 4 to 8 years.

Class 5 Felony: This classification is less severe than Class 2, 3, or 4 felonies but still carries significant penalties. A Class 5 felony conviction for aggravated assault can result in a prison sentence ranging from 9 months to 2 years for a first-time offender.

Class 6 Felony: The least severe classification for aggravated assault, a Class 6 felony, can still lead to a prison sentence of 6 months to 1.5 years. For first-time offenders, there may be options for probation or alternative sentencing, depending on the circumstances of the case.

In addition to prison time, if you are convicted of felony aggravated assault, you will also likely face hefty fines, probation, mandatory counseling, and the long-term impact of having a felony on your criminal record, which can affect employment opportunities, housing, and more.

Contact a Skilled Phoenix Defense Attorney Experienced in Violent Crimes

If you are facing felony aggravated assault charges, you are undoubtedly in a serious situation; however, it’s important that you understand your options. The penalties are harsh, but with a carefully crafted defense strategy, it’s possible to mitigate the charges or even have them dismissed. The Law Office of James E. Novak is here to help. For more than 25 years, we’ve been aggressively representing the interests of clients charged with aggravated assault and other felonies, helping them move on with their lives after an arrest. If you’re dealing with felony aggravated assault charges, don’t delay in seeking help. Contact us today to discuss your case and learn how we can work to protect your rights and future. You can reach us at 480-413-1499 or through our secure online contact form.