Assault Causing Serious Injury Defense
When someone is badly hurt, the charge can feel overwhelming, even if the facts are far from clear. We help you understand how Arizona measures an injury and what the State has to prove.
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)(1) makes an assault aggravated when the person "causes serious physical injury to another."
- 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, 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: Keep any photos, messages and medical paperwork you have, follow every release condition, and talk to a lawyer before your next court date.
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 the assault caused serious physical injury.
- An assault. In most of these cases, the claim is that you caused physical injury intentionally, knowingly or recklessly (§ 13-1203(A)(1)).
- Serious physical injury. The injury that resulted meets the legal definition below.
Under A.R.S. § 13-105, serious physical injury includes an injury that "creates a reasonable risk of death." It also includes one that causes serious and permanent disfigurement, serious impairment of health, or the loss or long-lasting impairment of how a body organ or limb works. Pain, bleeding or a hospital visit alone does not automatically meet that standard.
The mental state also matters. "Intentionally" means your objective was to cause the result. "Knowingly" means you were aware of the nature of your conduct. "Recklessly" means you were aware of and consciously disregarded a substantial and unjustifiable risk, in a way that was a gross deviation from how a reasonable person would act.
How it is classified
Arizona sorts injuries into tiers, and the tier decides the charge:
| Injury alleged | Charge | Class |
|---|---|---|
| Physical injury, meaning "the impairment of physical condition" | Assault, § 13-1203 | Class 1 misdemeanor if intentional or knowing; class 2 misdemeanor if reckless (§ 13-1203(B)) |
| Temporary but substantial disfigurement, temporary but substantial loss or impairment of a body organ or part, or a fracture | Aggravated assault, § 13-1204(A)(3) | Class 4 felony (§ 13-1204(F)) |
| Serious physical injury | Aggravated assault, § 13-1204(A)(1) | Class 3 felony (§ 13-1204(F)) |
| Serious physical injury to a victim under 15 | Aggravated assault, § 13-1204(A)(1) | Class 2 felony, with special sentencing rules (§ 13-1204(F)) |
| Serious physical injury to a first responder, law enforcement employee or prosecutor | Aggravated assault, § 13-1204(A)(1) | Class 2 felony (§ 13-1204(G) to (I)) |
The State often also alleges that the offense is dangerous. Under § 13-105, a dangerous offense includes "the intentional or knowing infliction of serious physical injury," as well as the use of a deadly weapon or dangerous instrument. Because that definition speaks of intentional or knowing conduct, the mental state the State can prove matters a great deal. Dangerous sentencing applies only if the 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, with no probation or suspended sentence (§ 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 |
Without a dangerous finding, the ranges in A.R.S. § 13-702(D) apply. A first class 3 felony carries 2 to 8.75 years, with 3.5 years presumptive, and a first class 4 felony under the fracture tier carries 1 to 3.75 years, with 2.5 years presumptive. In those cases the court may be able to consider probation under A.R.S. § 13-901. If the victim is a first responder and the conviction is intentional or knowing, § 13-1204(C) requires prison of at least the presumptive term.
On any conviction, the court must order restitution to the victim (A.R.S. § 13-603(C)). In a serious injury case, the victim's economic loss can be large, so restitution deserves attention from the start.
Consequences beyond the sentence
- Your record. Aggravated assault "resulting in serious physical injury" is a serious offense under A.R.S. § 13-706(F). Serious and dangerous offenses cannot be sealed under A.R.S. § 13-911(O). 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)). 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)). Automatic restoration under 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. A plea that avoids prison can still leave a serious offense on your record for life.
How we defend serious injury assault cases
These cases often turn on medical evidence. We gather emergency records, imaging, treatment notes and follow-up visits, and we compare them with photos, video and witness accounts.
- Is the injury truly "serious"? The definition requires a reasonable risk of death, serious and permanent disfigurement, serious impairment of health, or loss or long-lasting impairment of an organ or limb. Many painful injuries may fit a lower tier instead, and an independent medical review can help.
- Causation. The State must show your act caused the injury. A fall, another person's act or an earlier injury can complicate that link.
- Mental state. Whether the conduct was reckless, knowing or intentional can affect both the dangerous allegation and the sentence.
- Self-defense. Arizona law allows reasonable force to protect yourself against unlawful force (A.R.S. § 13-404), and deadly force in narrower situations (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)).
- Who started it. Under § 13-404(B), a person who provoked the other's use of force is not justified unless they withdrew, or clearly communicated an intent to withdraw, and the other person kept using unlawful force. Witness accounts of the first moments can be central.
- Mitigation. Your history, the circumstances and steps such as counseling or treatment 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
Arizona defines it in § 13-105 as an injury that creates a reasonable risk of death or causes serious and permanent disfigurement, serious impairment of health, or loss or long-lasting impairment of an organ or limb. A fracture or temporary but substantial disfigurement is a separate, lower tier under § 13-1204(A)(3). Where an injury falls is often a medical question worth testing.
If the State charges the offense as dangerous and it is admitted or found, § 13-704 requires prison. If the case resolves without a dangerous finding, probation may be possible, depending on the plea and your history.
That can matter. Self-defense may apply if a reasonable person would have believed force was immediately necessary to protect against unlawful force. Verbal provocation alone does not justify force, and the facts of who escalated the situation often decide the issue.
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. § 13-706: Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-3101: 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
Awards and ratings reflect the standards of the organizations that issue them. They do not predict the outcome of any case.
Hear What Our Clients Say
Across 67 Google reviews, plus Yelp and Avvo. These are clients’ own words, reproduced from our review profiles.
“These guys are the best attorneys in all of Arizona. It is definitely the most professional group of lawyers… I recommend this firm!”
“Sydney was extremely thorough regarding every single detail of my criminal case… it ultimately resulted in a clear and powerful win for my case.”
“They fought tirelessly for my case and helped me achieve a favorable outcome. Exceptional service and results.”
“The firm provided me with the most professional legal representation possible. Mr. Ryan Tait patiently explained… beyond my expectations.”
“The best law firm that I have ever dealt with. The amount of passion & commitment that they dedicated for my case… truly what separated them from other law firms.”
“Oh my goodness, our lawyer Ryan Tait was amazing. He does what he says he’s going to do. A very patient lawyer… He’s a miracle worker.”
“I was being charged with a few felony counts and facing a few years in prison… I made the best choice of my life calling this law firm.”
Past results do not guarantee a similar outcome.
Talk to a Maricopa County criminal defense lawyer
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.
Free, confidential consultation: (480) 405-6767
Prefer not to call? Send us your case details and a member of our team will follow up with you.
Submitting a form or calling does not create an attorney-client relationship. Information on this page is general and is not legal advice about your case.