I am constantly asked what is the difference between an “assault” and an “aggravated assault” in Arizona.  There is a vast difference between these 2 types of assaults, which includes the difference in consequences and how it is listed on an individual’s criminal history record.

                  An assault, or what most defense attorney’s reference as a “simple assault” has three (3) ways in which an assault can occur (see A.R.S. §13-1203):

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.

Regardless of which manner occurs, all of the manners are punishable by law.  The punishment for Assault also differs in the type of assault committed.  For example, the violation of subsection 1 is a class 1 misdemeanor and is punishable up to 6 months in prison or jail, a violation of subsection 2 is a class 2 misdemeanor which is punishable up to 4 months in prison or jail.  Finally, a violation of subsection 3 is a class 3 misdemeanor and is punishable by up to 30 days in jail or prison.  Each level of misdemeanor also faces various fines, fees, counseling and restitution that can be ordered. 

However, Aggravated Assault is a felony and is defined in A.R.S. §13-1204. An Aggravated Assault in Arizona can be committed in 11 different ways, but the most common types of Aggravated Assault are as follows:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

4. 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.

…

6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.

…

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer or a person summoned and directed by the officer.

…

(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties …

(d) A teacher or other person employed by any school and the teacher…

(e) A health care worker while engaged in the health care worker’s work duties or a health care practitioner who is certified or licensed…

                  Just like the punishments of Assault, the punishments for an Arizona Aggravated Assault would be based on the type of Aggravated Assault committed.  For example, the violation of subsection 1, 2 or 3 is a class 3 felony and is punishable up to 8.75 years in prison, unless the aggravated assault was committed on a victim who is under 15 years of age, then it is a class 2 felony which is punishable up to 12.5 years in prison.  Finally, a violation of subsections 4-8 is a class 5 felony and is punishable by up to 2.5 years in prison.  Each level of felony also faces various fines, fees, counseling and restitution that can also be ordered.  Moreover, with a felony conviction, an individual loses some of their significant civil rights, such as the right to vote, the right to possess a firearm, and can impact one’s ability to obtain employment. 

                  You will want to hire an experienced Arizona criminal defense attorney who can help defend you against your assault or aggravated assault charges.  Contact Dodge & Vega for a free consultation and let us help you defend your rights. 

-Ben Dodge, Esq.,

Founder – Managing Partner, Trial Attorney

Founder – Managing Partner, Trial Attorney

Dodge & Vega Trial Law Practice Areas:

• Personal Injury
• Wrongful Death
• Family Law & Divorce
• Child Custody, Child Support, Spousal Support
• Criminal Defense Law
• Bankruptcy Law
• Probate Law