Aggravated Assault Defense

Aggravated assault is defined in A.R.S. § 13-1204. It always begins with an assault under A.R.S. § 13-1203: intentionally, knowingly or recklessly causing any physical injury; intentionally placing someone in reasonable apprehension of imminent physical injury; or knowingly touching someone with the intent to injure, insult or provoke them.

That alone is a misdemeanor. It becomes aggravated assault when an added circumstance is proven, such as:

• Causing serious physical injury.
• Using a deadly weapon or dangerous instrument.
• Using force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of a body organ or part, or a fracture.
• Assaulting someone who is restrained or whose capacity to resist is substantially impaired, entering a private home intending to commit the assault, an adult assaulting a child under 15, or certain assaults while violating an order of protection.
• Knowing or having reason to know the person is in a protected group, such as a first responder, a teacher at school, a health care worker or a prosecutor.
• Knowingly taking or trying to take a firearm, other weapon or implement from an officer.
• Using a simulated deadly weapon, or having two or more accomplices in an assault on one person that causes physical injury.

Subsection B covers intentionally or knowingly impeding someone's normal breathing or blood circulation by pressure on the throat or neck, or by blocking the nose and mouth, when the two people have a domestic relationship listed in A.R.S. § 13-3601.

Key terms are defined in A.R.S. § 13-105. Serious physical injury creates a reasonable risk of death, or causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of a bodily organ or limb. A deadly weapon is anything designed for lethal use, including a firearm. A dangerous instrument is anything that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

Sentencing depends on the class and on whether the State charges a dangerous offense. Under § 13-105, a dangerous offense involves the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. Under A.R.S. § 13-704(L), the dangerous ranges apply only if that allegation is charged and then admitted or found by the jury or judge.

Prior felony convictions raise these ranges under A.R.S. § 13-703 and § 13-704.

Some rules are mandatory:

• Dangerous sentences. Under § 13-704(G), a person sentenced under the dangerous ranges is not eligible for suspension of sentence, probation, pardon or release until the sentence is served, except as specific statutes allow.
• First responders. Under § 13-1204(C), an intentional or knowing serious injury or weapon assault on a first responder requires at least the presumptive sentence, with no suspension of sentence, commutation or release on any basis until the sentence is served.
• Peace officers and ambush. Under § 13-1204(D), if the victim is a peace officer and the jury or judge finds the person lay in wait for or ambushed the victim (A.R.S. § 13-701(D)(17)), two years are added to the sentence.

When none of these rules applies, the court may be able to order probation under A.R.S. § 13-901, which can include up to one year in county jail as a condition.

Self-defense. Under A.R.S. § 13-404, you may use physical force when and to the extent a reasonable person would believe it is immediately necessary to protect yourself from unlawful force. A.R.S. § 13-405 sets the standard for deadly physical force. The defense does not cover a response to verbal provocation alone, and it is limited for someone who provoked the fight. Once you present evidence of justification, A.R.S. § 13-205 requires the State to prove beyond a reasonable doubt that you did not act with justification.

Whether the injury meets the definition. The line between a physical injury, a fracture and a serious physical injury can make a case a misdemeanor, a class 4 felony or a class 3 felony. We review the medical records closely.

Whether the object was a dangerous instrument. An ordinary object qualifies only if, in the way it was used or threatened to be used, it was readily capable of causing death or serious physical injury. We test how it was actually used.

Intent and knowledge. A protected victim charge requires that you knew or had reason to know the person's status. A dangerous offense based on injury requires intentional or knowing infliction of serious physical injury.

Identification and the evidence. We review video, body camera footage, 911 calls and witness statements to test who did what.