<> A simple assault can also be elevated to an aggravated assault when the force used caused a fracture or some other type of temporary but substantial injury. A driver purposely runs someone down with their car. These factors will obviously differ from case to case, and can often be difficult to determine. The consent submitted will only be used for data processing originating from this website. Assault with a Deadly Weapon in Arizona Temporary but substantial injury when the victim is an officer or prosecutor; Victim is a police officer (and received any physical injury); Strangulation or suffocation with a domestic violence relationship. This means you face anywhere from two Aggravated Assault with a Deadly Weapon - Charles David WebPenalties for Assault with a Deadly Weapon Arizona classifies assault with a deadly weapon as a Class 3 felony. Aggravated Assault in Arizona (A.R.S. 13-1204) | DM Cantor Ann. Class 2 Dangerous Felony Aggravated Assault, Class 2 Felony and Dangerous Crime Against Children (DCAC), Class 3 Dangerous Felony Aggravated Assault, For Class 3 Felony Aggravated Assault (Non-Dangerous). Examples: Amputated body parts; paralysis; injuries requiring surgery or longer than normal healing time. The defendant did not actually possess the needed intent to harm the victim. Sometimes assault charges are filed against people who were merely defending themselves. Because the presence of a deadly weapon substantially increases the risk of harm to But if the victim is an officer or a prosecutor, then it is classified as a more serious Class 2 Dangerous Felony. Something else to consider is that the weapons that are considered to be deadly weapons for the purposes of an assault with a deadly weapon charge might also constitute illegal weapons. In a criminal law setting, the term deadly weapon generally refers to a firearm. A deadly weapon is anything designed for lethal use, including a firearm, even if it's unloaded. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. Aggravated Assault with a Deadly Weapon Dont try to feel your way through the criminal justice process alone. Law, About The intended use of these items is not to cause death or serious physical injury. Law, Insurance aggravated assault with a deadly weapon 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. Whereas you must be sentenced to prison if you used a deadly weapon, you are eligible for probation if the weapon is considered to be a simulated deadly weapon (for a first-time offense). We and our partners use cookies to Store and/or access information on a device. 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. John Casp on Twitter: "RT @UltraDane: 4 thugs arrested for The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. Property Law, Personal Injury This includes relationships such as: You and the victim are married or were married; You and the victim are roommates or were roommates; You and the victim have a child together; You or the victim are pregnant by each other; The victim is your or your spouses parent, grandparent, child, grandchild, brother, or sister (by blood or adoption); The victim is your stepparent, step-grandparent, stepchild, step-grandchild; You and the victim are, currently, or were previously in a romantic or sexual relationship. Assaulting a child may also result in the more serious charge of aggravated assault. This offense is more serious and carries a potential sentence of up to one year, but also labels you as a convicted felon and further affects your future and reputation. Mitigating factors can result in lighter sentencing in some cases (Ariz. Rev. 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. If Bob, from the example above, moves his jacket aside to show to John that he is carrying a gun in his belt, he would likely be charged with aggravated assault, rather than simple assault. Stat. 2021) PARTIES: if the person is Examples of Class 3 felonies in Arizona include residential burglary, assault with a deadly weapon, and auto theft. In Arizona, Aggravated Assault charged under ARS 13-1204 is a Class Four Felony, and in some cases with mandatory prison. Because the crime is a dangerous offense, penalties The definition does not include a firearm that is permanently inoperable. A jury will consider factors such as the injurys seriousness, location, duration, and visibility to others to decide if it is temporary but substantial disfigurement. For an assault to be assault with a deadly weapon, the perpetrator must use a deadly weapon or dangerous instrument to: (Ariz. Rev. Information About Aggravated Assault on an Officer. endobj Information from Wharton Police Department. knowingly touch another person with the intent to injure, insult, or provoke the person. Other legal punishments for felony crimes include criminal fines that could reach $10,000. In addition to imprisonment and the other common penalties for committing aggravated assault, a person convicted of aggravated sexual assault will be required to register with the states sex offender registration and notification program, which will cause life-long consequences for the offender. Nothing on this website is intended to constitute legal advice specific to any individual or case. 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. WebAggravated assault is an attack, with or without a weapon, resulting in serious physical injury, such as broken bones, lost teeth, or internal injuries. Aggravated Assault With a Deadly Weapon The victim is physically helpless or unable to give consent to sex. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or. Alternatively, the court may need to determine whether a deadly weapon was actually used at all during the assault. This is typically a fake gun or toy gun. So, whether temporary but substantial disfigurement was caused will depend on the facts of a case and will be up to a jury to decide. If it is your third conviction you could be sentenced to a prison term of 15-25 years. endobj VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release ACCUSED: Anthony Saucer AGE: 44. Aggravated Assault With a Deadly Weapon You could be facing merely fines or a lengthy prison sentence. Class 5 felonies could carry up to two years and six months in prison, and a Class 4 felony could carry up to three years and nine months in prison. St. Johnsbury Barracks/ Aggravated Assault with a Deadly What is the difference between assault and aggravated assault? Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. 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. Felony disorderly Assault with a Deadly Weapon 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. Ann. It also could apply if a person takes control of another implement being used by a police officer. Jose Sanchez, Aggravated assault with a deadly weapon. We offer a confidential and free consultation in order to address your questions and map out a defense to your case. Potential Punishments to Your Charge. 30 Apr 2023 04:17:29 Substantial has been defined to mean considerable. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. Your history and the circumstances of the crime will determine where in this range the judge sentences you. This is punishable by between 7 and 21 years in prison, and you can also be fined up to $150,000 (Ariz. Rev. Any type of assault against a police officer in Arizona is a felony offense. Simply put, to aggravate a crime means to make the crime more serious. Simple assault is most commonly recognized as an attempt or threat to injure another person without actually striking them or causing bodily harm. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Serious physical injury requires more than a temporary impairment, even if it is substantial. Contact me today for a free legal case evaluation on any criminal charge by calling: Call me now for a free Arizona legal defense consultation on any criminal offense. If the gun used was permanently inoperable, then the prosecution can still charge you with aggravated assault based on using a simulated deadly weapon. If there are any mitigating or aggravating circumstances, then the judge can go down to a minimum sentence of 7 years in prison and go up to a maximum sentence of 21 years in prison. Get legal help from Arizona attorney who is experienced in defending assault cases like yours. Braiden Stout, pleaded guilty to aggravated assault with a deadly weapon, two counts aggravated robbery. The term deadly weapon may also refer to any other object that is used or intended to be used in such a way that it could cause serious injury or death to another human being.
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aggravated assault with a deadly weapon arizona