An assault is a class 1 misdemeanor for which the maximum penalty is 6 months in jail. However, if the assault rises to the level of aggravated assault, it becomes a class 3 or class 4 felony.
Arizona Revised Statutes § 13-1205 covers aggravated assault. Aggravated assault includes:
- Intentionally or knowingly causing serious physical injury to another person
- Intentionally or knowingly using a deadly weapon or dangerous instrument to cause bodily harm to another person, except with intent to commit murder or to seriously injure the person
- Knowingly causing another person to reasonably fear serious physical injury in certain situations, such as threatening, intimidating, or harassing another person with the intent to cause a person to fear
Class 3 felonies under Arizona law are punishable by between 4 months to 3.75 years in jail. However, if the offense resulted in serious physical injury or involved the use of a “deadly weapon,” it is punished as a class 2 felony.
Class 2 felonies under Arizona law are punishable by between 7 years and 12.5 years in jail.
As always, it is important to consult with an experienced criminal defense attorney when facing charges of assault or aggravated assault. An attorney will help you understand your legal options and work diligently to protect your rights throughout the legal process.