Assault with a Deadly Weapon Defense
A deadly weapon allegation can turn a single moment into a felony case with prison on the table. You deserve a clear explanation of the charge and a careful look at what really happened.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1204(A)(2) makes an assault aggravated when the person "uses a deadly weapon or dangerous instrument."
- How it is classified: Usually a class 3 felony. It is a class 2 felony when the alleged victim is under 15, a first responder such as a peace officer, a law enforcement employee or a prosecutor.
- Possible sentence: For a first offense found dangerous, a class 3 felony carries 5 to 15 years in prison with no probation (A.R.S. § 13-704(A)).
- Where the case is heard: Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St., or South Court Tower, 175 W. Madison St.). Confirm the building on your current notice.
- What to do now: Do not discuss the incident with anyone but your lawyer. Save photos, messages and the names of witnesses, and get advice before your next court date.
What the law says
Aggravated assault starts with an ordinary assault under A.R.S. § 13-1203. The charge is a felony because the State has alleged one of the circumstances listed in A.R.S. § 13-1204. On this page, that circumstance is the use of a deadly weapon or dangerous instrument.
To convict, the State must prove both parts beyond a reasonable doubt:
- An assault. Under § 13-1203(A), that means intentionally, knowingly or recklessly causing physical injury; intentionally placing someone in reasonable apprehension of imminent physical injury; or knowingly touching someone with intent to injure, insult or provoke them.
- A deadly weapon or dangerous instrument. The person used one in the assault.
The key definitions come from A.R.S. § 13-105:
- Deadly weapon: "anything designed for lethal use, including a firearm."
- Dangerous instrument: 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."
The second definition is broad. A bottle, a bat, a tool or even a vehicle can be treated as a dangerous instrument, depending on how the State says it was used. No one has to be hurt. Pointing or swinging an object so that someone fears an imminent injury can be enough if the other elements are proven.
How it is classified
The class depends mostly on who the alleged victim is. This table follows § 13-1204(F) to (I).
| What the State alleges | Class | Statute |
|---|---|---|
| Deadly weapon or dangerous instrument, adult victim | Class 3 felony | § 13-1204(F) |
| Same, victim under 15 | Class 2 felony, with special sentencing rules | § 13-1204(F) |
| Same, victim is a first responder, which includes a peace officer | Class 2 felony | § 13-1204(G) |
| Same, victim is a law enforcement agency employee or a prosecutor | Class 2 felony | § 13-1204(H) and (I) |
| Simulated deadly weapon | Class 3 felony | § 13-1204(A)(11) and (F) |
Because a weapon or dangerous instrument is part of the charge, the State often also alleges that the offense is dangerous. Section 13-105 defines a dangerous offense to include the "discharge, use or threatening exhibition of a deadly weapon or dangerous instrument." Dangerous sentencing applies only if that allegation is "charged in the indictment or information and admitted or found by the trier of fact" (§ 13-704(L)).
Possible penalties
A dangerous offense under § 13-704 means mandatory prison when found. A person sentenced under the dangerous ranges is not eligible for "suspension of sentence, probation, pardon or release from confinement on any basis," except as the law specifically allows (§ 13-704(G)). For a first offense, § 13-704(A) sets these ranges:
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| Class 3 (adult victim) | 5 years | 7.5 years | 15 years |
| Class 2 (for example, a first responder victim) | 7 years | 10.5 years | 21 years |
For a first responder victim, an intentional or knowing conviction also requires prison of "not less than the presumptive sentence," with no early release (§ 13-1204(C)). This rule comes from § 13-1204 itself, separate from the dangerous sentencing rules.
If a case resolves without a dangerous finding, for example through a plea to a nondangerous offense, the ranges in A.R.S. § 13-702(D) apply instead. For a first class 3 felony, that range is 2 to 8.75 years, with 3.5 years presumptive, and the court may be able to consider probation under A.R.S. § 13-901. Prior felony convictions can change all of these ranges. On any conviction, the court must also order restitution to the victim (A.R.S. § 13-603(C)).
Consequences beyond the sentence
- Your record. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt, but it is not available for a dangerous offense (§ 13-905(P)). Record sealing under A.R.S. § 13-911 is not available for a dangerous offense, a serious offense, or an offense that has the use or threatening exhibition of a deadly weapon or dangerous instrument as an element (§ 13-911(O)). See our record sealing and set-aside page.
- Firearms. A felony conviction makes you a prohibited possessor in Arizona until your right is restored (A.R.S. § 13-3101(A)(7)(b)). Aggravated assault involving a deadly weapon or dangerous instrument is a "serious offense" under A.R.S. § 13-706(F), and the automatic restoration of rights in A.R.S. § 13-907 does not restore gun rights after a dangerous or serious offense (§ 13-907(C)). Federal law also bars possession after a conviction for a crime punishable by more than one year (18 U.S.C. § 922(g)(1)). See our prohibited possessor page.
- Immigration. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and licensing. A violent felony appears on background checks and may affect jobs, professional licenses and housing.
- Family cases. If the alleged victim is a family or household member, the charge can also carry a domestic violence designation under A.R.S. § 13-3601(A). See our domestic violence page.
Avoiding jail is not the same as avoiding a conviction. Even a plea to a lesser charge can have lasting effects.
How we defend assault with a deadly weapon cases
We start with the evidence: police reports, 911 calls, body camera footage, surveillance video, photos and witness statements. Then we compare it with the State's version of events.
- Self-defense. Arizona law allows reasonable force, and in some situations deadly force, to protect yourself against unlawful force (A.R.S. § 13-404 and A.R.S. § 13-405). Once there is evidence of justification, the State must disprove it beyond a reasonable doubt (A.R.S. § 13-205(A)). There is no duty to retreat if you were lawfully present and not engaged in an unlawful act (§ 13-405(B)).
- Was it a dangerous instrument? An everyday object qualifies only if, under the circumstances, it was readily capable of causing death or serious physical injury. How the object was held, used or displayed can matter a great deal.
- Was there an assault? The State must prove the required mental state and, for a fear-based charge, a reasonable fear of imminent injury. Accidents and unclear accounts may raise reasonable doubt.
- The dangerous allegation. Because dangerousness must be charged and then admitted or found, it can be contested on its own, apart from the underlying charge.
- Procedure. How a weapon was found and how statements were taken may raise suppression issues.
- Mitigation. Your history, the circumstances and the steps you have taken since the arrest can matter in negotiations and at sentencing.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
If the offense is charged and found dangerous, § 13-704 requires prison and does not allow probation. If the case resolves as a nondangerous offense, probation may be possible, depending on the plea and your history. That difference is one reason the dangerous allegation deserves close attention early.
Justification is a defense under Arizona law, and once there is evidence of it, the State must disprove it beyond a reasonable doubt. Whether your force was reasonable depends on the facts, such as who started the conflict and what you saw. Verbal provocation alone does not justify force (§ 13-404(B)).
You will have an initial appearance within 24 hours of arrest under Rule 4.1, where a judge sets release conditions. Because this is a felony, the right to appointed counsel attaches. You can read more about release conditions and bond.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1204: Aggravated assault; classification; definitions
- A.R.S. § 13-704: Dangerous offenders; sentencing
- A.R.S. § 13-1203: Assault; classification
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-901: Probation
- A.R.S. § 13-603: Authorized disposition of offenders
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-706: Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
- A.R.S. § 13-907: Automatic restoration of civil rights for first offenders; firearm rights
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
- A.R.S. § 13-404: Justification; self-defense
- A.R.S. § 13-405: Justification; use of deadly physical force
- A.R.S. § 13-205: Affirmative defenses; justification; burden of proof
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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