In Arizona, assault is committed when a person (1) intentionally, knowingly or recklessly causes any physical injury to another person; or (2) intentionally places another person in reasonable apprehension of imminent physical injury; or (3) knowingly touches another person with the intent to injure, insult or provoke such person. See A.R.S. § 13-1203. Assault under A.R.S. § 13-1203 is charged as a misdemeanor. However, assault can be charged as felonious assault when the assault occurs under any of the circumstances outlined in A.R.S. § 13-1204. These circumstances are said to aggravate (i.e., make more serious) the assault.
An assault that occurs under the circumstances of A.R.S. § 13-1204 is a felony, and is considered aggravated assault. And depending on the circumstances, the felony can be class 2, 3, or 5. There are a variety of circumstances under the statute that will result in felonious assault. Some of the most common ways that aggravated assault occurs is when the defendant (i) commits an assault with a deadly weapon or dangerous instrument, (ii) commits an assault on a teacher, prosecutor, health care provider, or police officer, or (iii) commits an assault that seriously injures or disfigures the victim.
Assault is a serious crime of which to be accused an/or convicted. If you think you are going to be accused of felonious assault or are the subject of a felonious assault investigation, it is critical to contact an attorney who can intervene early on in the process, before charges have been filed. Early intervention can reduce the possibility of a criminal charge being filed and can mitigate the severity of the consequences of the situation. The experienced Arizona criminal defense attorneys at Giordano Spanier & Heckele, PLLC can help. Call today for a consultation: (520) 433-9031. Or email us at firstname.lastname@example.org