Assault on a Police Officer Defense
Encounters with police can move fast, and a few seconds of contact can lead to a felony charge. We help you understand what the State must prove and what the video and records really show.
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)(8)(a) makes any assault a felony when the person knows or has reason to know the victim is a first responder, which includes a peace officer.
- How it is classified: A class 4 felony, or a class 3 felony if the officer suffers any physical injury (§ 13-1204(G)). A serious injury or a weapon makes it a class 2 felony.
- Possible sentence: For a first class 4 offense that is not dangerous, 1 to 3.75 years in prison, with probation possible in some cases (A.R.S. § 13-702(D)).
- 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: Write down what happened while you remember it, share it only with your lawyer, and follow every release condition.
What the law says
This charge starts with an ordinary assault under A.R.S. § 13-1203. It is a felony because the State has alleged one of the circumstances listed in A.R.S. § 13-1204: that you committed the assault "knowing or having reason to know" that the victim was a first responder.
- An assault. 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 (§ 13-1203(A)).
- A first responder. Under § 13-1204, a "first responder" means a peace officer; a firefighter, fire marshal, fire inspector, emergency medical care technician or paramedic engaged in official duties; or a tribal police officer. The law also covers "a person summoned and directed by the first responder."
- Knowledge. You knew, or had reason to know, that the person was a first responder.
Two points are worth knowing. First, the assault does not need to cause injury, and a touch with intent to insult or provoke can be enough. Second, under § 13-1204(E), it is not a defense or a mitigating circumstance that the peace officer was off duty or not performing official duties.
How it is classified
| What the State alleges | Class | Statute |
|---|---|---|
| Assault on a first responder, no physical injury | Class 4 felony | § 13-1204(G) |
| Assault on a first responder causing any physical injury | Class 3 felony | § 13-1204(G) |
| Temporary but substantial disfigurement or impairment, or a fracture | Class 3 felony | § 13-1204(A)(3) and (G) |
| Serious physical injury, or use of a deadly weapon or dangerous instrument | Class 2 felony | § 13-1204(A)(1), (A)(2) and (G) |
| Taking or trying to take an officer's firearm | Class 3 felony | § 13-1204(A)(9)(a) and (F) |
| Taking or trying to take another weapon, or an implement the officer is using | Class 5 felony (weapon) or class 6 felony (implement) | § 13-1204(A)(9)(b), (c) and (F) |
"Physical injury" means "the impairment of physical condition" (A.R.S. § 13-105). Because one finding of injury moves the charge from class 4 to class 3, the medical evidence about the officer often matters.
Possible penalties
For a first offense that is not alleged as dangerous, § 13-702(D) sets these prison ranges:
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
For these nondangerous forms, the court may be able to suspend the sentence and order probation under A.R.S. § 13-901, depending on the facts and your history. The rules change sharply when the State alleges a serious injury or a weapon. Then § 13-1204(C) requires a person convicted of intentionally or knowingly committing that assault on a first responder to serve prison of "not less than the presumptive sentence," with no suspension, commutation or release until it is served. If that offense is also found dangerous under A.R.S. § 13-704, a first class 2 dangerous offense carries 7 to 21 years, with 10.5 years presumptive.
One more enhancement applies to peace officers. If the trier of fact finds "lying in wait for the victim or ambushing the victim" (A.R.S. § 13-701(D)(17)), § 13-1204(D) adds two years to the sentence and limits early release. On any conviction, the court must also order restitution (A.R.S. § 13-603(C)).
Consequences beyond the sentence
- Your record. After a nondangerous conviction, you may later ask the court to set aside the judgment of guilt under A.R.S. § 13-905. You may also petition to seal records under A.R.S. § 13-911 once you finish your sentence and the waiting period passes, which is five years for a class 4, 5 or 6 felony and ten years for a class 2 or 3 felony (§ 13-911(E)). Dangerous and serious offenses cannot be sealed (§ 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)). For a first felony, A.R.S. § 13-907 restores civil rights automatically after you complete probation or are discharged and pay restitution, but not 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)).
- Immigration. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and licensing. A conviction for assaulting an officer can concern employers and licensing boards.
Avoiding jail is not the same as avoiding a conviction. A probation sentence still leaves a felony conviction on your record.
How we defend assault on a police officer cases
These cases often turn on a few seconds of contact during a stop, a medical call or an arrest. We review body camera footage, bystander video, dispatch records, use of force reports and medical records.
- Knowledge. The State must prove you knew or had reason to know the person was a first responder. Plain clothes, darkness, confusion or a medical crisis can bear on that question.
- Mental state and contact. Contact that was accidental or reflexive, or that happened while you were being moved or restrained, may not meet the mental state for assault.
- Injury. Whether the officer had any physical injury decides class 3 versus class 4. Photos, medical notes and timing can support or undercut that claim.
- Force by the officer. Arizona law does not justify force to resist an arrest you know or should know is being made by a peace officer, but it makes an exception when the officer's force exceeds what the law allows (A.R.S. § 13-404(B)). Video can be central to that issue.
- Related charges. Some cases are closer to resisting arrest or simple assault, and the evidence may support a lesser charge.
- Mitigation. Mental health, substance use, a medical emergency and a clean history 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
It can be. Under § 13-1204(A)(8)(a), any assault, including a touch meant to insult or provoke, is a felony when the State proves you knew or had reason to know the person was a first responder. Without physical injury it is a class 4 felony, and with any physical injury it is a class 3 felony.
Yes. The first responder definition includes firefighters, fire marshals, fire inspectors, emergency medical care technicians and paramedics engaged in official duties, along with peace officers and tribal police officers. Other workers, such as health care workers, teachers and transit employees, are covered by other parts of § 13-1204 with different classes.
Not necessarily. For a nondangerous class 4 or class 3 offense, probation may be an option. If the State alleges a serious injury or a weapon, § 13-1204(C) requires prison of at least the presumptive term on an intentional or knowing conviction.
You will see a judge for an initial appearance within 24 hours of arrest under Rule 4.1, where release conditions are set. Because this is a felony, the right to appointed counsel attaches. You can also hire your own lawyer at any point.
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. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-1203: Assault; classification
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-901: Probation
- A.R.S. § 13-704: Dangerous offenders; sentencing
- A.R.S. § 13-701: Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition
- 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. § 13-907: Automatic restoration of civil rights for first offenders; firearm rights
- A.R.S. § 13-404: Justification; self-defense
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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