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:
If A Person Causes Serious Physical Injury To Another:
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.
If A Deadly Weapon Or Dangerous Instrument Is Used:
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.
If Temporary But Substantial Disfigurement, Temporary But Substantial Loss Or Impairment Of Any Body Organ Or Part Or A Fracture Of Any Body Part Is Caused:
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.
If The Person Commits The Assault While The Victim Is Bound Or Otherwise Physically Restrained Or While The Victim’s Capacity To Resist Is Substantially Impaired:
A common scenario for this kind of offense involves one person holding the victim down while another person assaults the victim.
If The Person Commits The Assault After Entering The Private Home Of Another With The Intent To Commit The Assault:
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.
Committing An Assault Against A Police Officer:
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.
The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument and have a relationship which would qualify as domestic violence:
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.
Your Aggravated Assault Attorney
The Glazer Law Office, 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.
The Glazer Law Office, PLLC