Aggravated assault in Arizona is a serious felony charge that can result in years of mandatory prison time. Under A.R.S. § 13-1204, assault becomes aggravated when specific factors are present — serious injury, use of a deadly weapon, the victim’s protected status, or entry into a private home to commit the assault. Unlike simple assault, many forms of aggravated assault are classified as “dangerous” offenses where probation is not available and prison is mandatory. At Oliverson Law DUI & Criminal Defense, our team has defended hundreds of aggravated assault cases. Call (480) 582-3637 for a free case evaluation.
Key Takeaways
- Multiple Felony Classes: Aggravated assault ranges from Class 6 to Class 2 felony depending on the aggravating factor — with sentences from 1.5 to 12.5 years.
- Dangerous Offenses Mean Mandatory Prison: When a deadly weapon or dangerous instrument is involved, probation is not available. Prison is mandatory even for first-time offenders.
- Self-Defense Is the Most Powerful Defense: Arizona’s self-defense and stand-your-ground laws can result in complete acquittal if you used reasonable force against an unlawful threat.
Types of Aggravated Assault
Serious Physical Injury (Class 3 Felony)
Causing serious physical injury — defined as risk of death, permanent disfigurement, or significant impairment of a body organ — elevates assault to a Class 3 felony with 3.5 years presumptive.
Deadly Weapon (Class 3 Dangerous Felony)
Using a deadly weapon or dangerous instrument — gun, knife, bottle, vehicle, or any object capable of causing death — makes it a Class 3 dangerous felony with 7.5 years presumptive and mandatory prison.
Assault on Protected Person (Class 5-6 Felony)
Assaulting a police officer, firefighter, EMT, teacher, healthcare worker, or other protected person while they perform their duties. Even a minor physical contact during an arrest can result in felony charges.
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Defense Strategies
Self-defense (A.R.S. § 13-404), defense of others, challenging the “dangerous instrument” classification, disputing the severity of injury, lack of intent, mistaken identity, and mutual combat. Your attorney will also examine whether the victim’s status was properly established and whether you had knowledge of that status.
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Frequently Asked Questions
Is aggravated assault always a felony? Yes. All forms of aggravated assault in Arizona are felonies, ranging from Class 6 (1.5 years presumptive) to Class 2 (5 years presumptive, up to 12.5 years aggravated).
Can I get probation for aggravated assault? Only for non-dangerous offenses. If the charge involves a deadly weapon or dangerous instrument, it is classified as “dangerous” and prison is mandatory — probation is not available.
What is a “dangerous instrument”? Arizona broadly defines it as anything that, in the manner used, is readily capable of causing death or serious physical injury. Courts have included bottles, chairs, vehicles, baseball bats, and even boots in this definition.
Can self-defense beat an aggravated assault charge? Yes. Arizona’s self-defense law allows reasonable force against unlawful threats, with no duty to retreat. If you reasonably believed you were in danger, self-defense can result in acquittal.