In Arizona, felony assaults are charged as “Aggravated Assault.”These offenses are more serious than misdemeanor Assaults and there are a variety of situations which might give rise to these charges. A Simple Assault can be heightened to an Aggravated Assault if certain factors are present. Common types of Aggravated Assault are as follows:
A common example of “serious physical injury” is if someone uses a firearm to shoot another person without justification. . Where the victim does not die, but sustains a severe wound (a bullet through the stomach leading to internal organ damage, for example), a “serious physical injury” has occurred.
Using the same example as above, an Aggravated Assault occurred because the physical injury was caused by a “deadly weapon”; namely, the gun. As you can see, the same conduct can create multiple Aggravated Assault charges.
A common example of this form of Aggravated Assault occurs when, for example, an individual punches another person, without justification, and breaks the victim’s nose. A “fracture of any body part” occurred.
A common scenario for this kind of offense involves one person holding the victim down while another person assaults the victim.
A typical example of this form of Aggravated Assault occurs when a person is really angry at another person for whatever reason. The angry person will go over to the other person’s home with the intent to confront them and then assault the other person at or in their home.
If you assault a cop, this simple Assault is elevated to an Aggravated Assault. More often than not, this kind of Aggravated Assault occurs when the client is drunk and punches a police officer. It’s always a bad idea to punch a cop. It typically does not result in a good situation for a defendant.
This typically occurs when one spouse chokes the other spouse to a point where the victim’s normal breathing is impeded. Usually this is for a very brief time period, but the breathing is impeded nonetheless.
There are many other ways to be charged with Aggravated Assault, The above-listed examples are the most common. Each Aggravated Assault charge has its own punishment. Some forms of Aggravated Assault come with mandatory imprisonment.
If you or a loved one is charged with Aggravated Assault, call Board Certified Criminal Law Specialist, Stephen Glazer, for assistance.
Glazer, Hammond, Ruben & Smets, PLLC can effectively evaluate the circumstances surrounding your case to create a solid defense that will help you achieve the least severe sentence possible.
Take the time to meet with us and discuss your case. We offer free case consultations to inform you of your options and put your mind at ease.
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