Jail Time for Assault with a Deadly Weapon in Arizona: Misdemeanor vs. Felony

Arizona distinguishes simple assault from aggravated assault; penalties escalate sharply with a deadly weapon.

Simple Assault (ARS §13-1203)

• Class 1 Misdemeanor.
• Max: 6 months jail, $2,500 fine, 3 years probation.
• No weapon or serious injury required.

Aggravated Assault (ARS §13-1204/13-1205)

Assault with a deadly weapon/dangerous instrument is aggravated assault.

Class 3 Felony (Standard)

• Using a deadly weapon/dangerous instrument to cause any physical injury.
• Sentence: 2.5–7 years presumptive (first offense); range 2–8.75 years.

Class 2 Felony (Dangerous Offense)

• If the weapon is used, threatened, or displayed AND the offense is designated "dangerous" (ARS §13-704).
• Sentence: 7–21 years presumptive (first offense); range 4–25 years.
• Mandatory prison (no probation) for dangerous offenses.

Class 4 Felony (Fear-Based)

• Knowingly placing another in reasonable apprehension of imminent serious physical injury with a deadly weapon.
• Sentence: 1.5–3 years presumptive; range 1–3.75 years.

Critical Factors

• "Deadly weapon" = firearm, knife, vehicle, any object used capable of death/serious injury.
• "Dangerous instrument" = any object readily capable of death/serious injury under circumstances.
• Prior felonies → enhanced sentencing (repetitive offender).
• Victim status (police, teacher, minor) → enhancement.

Consult an Arizona criminal defense attorney immediately. Sentencing is complex; plea negotiations, mitigating factors, and factual disputes greatly affect outcomes.