In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Someone swinging a baseball bat and threatens to hit another person with the bat; A person repeatedly uses their fists to punch another person, knocking them unconscious; Someone threatens to stab another person with a chunk of broken glass; An individual attacks another person and hits them repeatedly on the head with their purse; and/or. You could be facing merely fines or a lengthy prison sentence. Copyright 2023 Phoenix Criminal Attorney. During the argument Saucer retrieved a knife and stabbed Bishop. 30 Apr 2023 06:10:04 WebAggravated assault is an attack, with or without a weapon, resulting in serious physical injury, such as broken bones, lost teeth, or internal injuries. Examples: A hammer, bat, golf club, or car. If you are convicted of aggravated assault as a domestic violence offense, then you will have to abide by special domestic violence terms of probation, if placed on probation. When there is no statute that defines a term, then the common meanings are used. In Arizona, the standard classification for aggravated assault with a deadly weapon is a class 3 felony. These can include your age, prior legal history, mental capacity and role in the assault. For example, in one case the court determined that a defendant's tennis shoe could be considered a dangerous instrument only if the prosecutor proved that the shoe caused greater or different injuries than would have been caused by a bare foot, or that the shoe had been wielded as a weapon. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. Mistake or misinterpretation on the victims part; There was no object used, only words were exchanged between the parties; and. Although assault can be a misdemeanor, if it involves a dangerous instrument or deadly weapon, it is automatically considered a felony instead. Pleaded guilty to possession of a controlled substance and was sentenced to 511 days time served. Defenses to aggravated assault vary by jurisdiction, but some common defenses that apply to all levels of assault include consent, official acts, and acting in the prevention of a crime. Assault can also occur when one person makes the other person believe or fear that they are going to be hurt. Stat. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. A qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence. Assault charges are very serious under Arizona criminal laws. If the prosecution proves that the aggravated assault was a dangerous offense, then you cannot be placed on probation and the aggravated assault sentence must include prison. The types of aggravated assault offenses defined above that are Class 3 Felonies include assaults that are aggravated by the following factors: If convicted, the judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. Intentionally, knowingly, or recklessly caused any physical injury to another person; or, Intentionally put another person in reasonable apprehension of imminent physical injury; or. Aggravated assault with a deadly weapon or dangerous instrument is a Class 3 Dangerous Felony. In some jurisdictions, people with HIV (the human immunodeficiency virus) who have had unprotected sex with a person not aware of the disease have been charged with using a deadly weapon. The reasoning is that a person who knows he carries HIV exposes another to the deadly virus basically assaults the other person with a weapon capable of causing death. Generally speaking, jail time for assault with a deadly weapon consists of one year or more to be spent in a federal prison facility. WebSimple assaults in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. This would be true, even though he did not make a physical attempt to hit or shoot John, because he made a threat with a weapon, causing John to reasonably believe he would be harmed. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. To reiterate, it is important to remember that the weapon does not have to actually cause physical harm to another person in order for the crime to be considered assault with a deadly weapon. To explore this concept, consider the following aggravated assault definition. These aggravated assault charges could lead to years in prison, steep fines or both. 9 3. Investigation determined an argument had occurred between the accused, Anthony Saucer, and the victim, Robert Bishop. Aggravating Factors and Variations, Assault: Legal Definition, Elements, Examples, Charges, Penalties and Defenses. If you are facing assault charges, dont fight it alone. There are many ways that a person can be charged with aggravated assault in Arizona under ARS 13-1204. But if a person swings a hammer, bat, or golf club at another persons head, or uses their car to purposely hit another person, then the circumstances in which the instrument is used transforms it into a dangerous instrument. COURT DATE/TIME: 05/01/2023 @ 1230 hours, COURT: Orange County Superior Court Criminal Division, *Please note: court date and time are subject to change at the discretion of. Also, if the victim is a child under the age of 15, then it is a Class 2 Felony and a Dangerous Crime Against Children. The law varies from state to state. For example, when a perpetrator intends to cause the victim severe harm, or intends to cause the victim to fear being severely harmed, the assault is considered aggravated. Serious physical injury requires more than a temporary impairment, even if it is substantial. If it is your third conviction you could be sentenced to a prison term of 15-25 years. This means you face anywhere from two We can help with a clearly defined defense strategy. Prosecutor, public defender, or judicial officer. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This includes victims under the influence of alcohol or drugs, as well as victims who are mentally, The assault is committed during the commission of another crime such as. A dangerous crime against children is any crime listed in A.R.S. A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). Cheston Hartsfield, Cameron Hartsfield, Tracy Hickman, and Tyler Porter, have been charged with aggravated assault with a deadly weapon and engaging in organized criminal activity. Circumstances that may elevate sexual assault to aggravated sexual assault include: As Jane is walking home alone one night after class, a masked man jumps out of the bushes in front of her. Bob swings his fist at Johns face but misses, and John sprints away in fear. Examples of Class 3 felonies in Arizona include residential burglary, assault with a deadly weapon, and auto theft. The type of weapon used makes a difference in the assault and battery penalties that will be assessed. Although a gun or knife is considered a deadly weapon, a baseball bat is considered a dangerous instrument. Get legal help from Arizona attorney who is experienced in defending assault cases like yours. Victims Status or Victims Helplessness. AGGRAVATED ASSAULT. Any physical injury includes even a minor injury such as a small scrape or bruise. The legal definition of what constitutes a deadly weapon is intentionally broad. Assault with a deadly weapon has the added element of the use of, or the intention to use, a deadly weapon. Continue with Recommended Cookies. Your history and the circumstances of the crime will determine where in this range the judge sentences you. 13-1204, but also the crime of dangerous or This offense is more serious and carries a potential sentence of up to one year, but also labels you as a convicted felon and further affects your future and reputation. Stat. Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. If there are any mitigating or aggravating circumstances, then the judge can go down to a minimum sentence of 7 years in prison and go up to a maximum sentence of 21 years in prison. or the public information officer. A. If you find yourself charged with assault with a deadly weapon or aggravated assault in Arizona, you should immediately seek the assistance of a qualified attorney. Conversely, a judge can also choose to take mitigating factors in account when deciding your fate. If there are any mitigating or aggravating circumstances, then the judge can go down to 1 year in prison and go up to 3.75 years in prison. Depending on the charge, your potential sentence also varies greatly. The attorney will also work to construct a solid legal defense, and can represent you in court as needed. The victim is physically helpless or unable to give consent to sex. Felony endangerment involves the risk of imminent death. A deadly weapon is anything designed for lethal use, including a firearm, even if it's unloaded. Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. This relationship includes parents, siblings, spouse or former spouse, boyfriend or girlfriend, or anyone residing in the same household. 2021) PARTIES: if the person is The prosecution must prove that you committed an assault and that you intentionally or knowingly impeded the normal breathing or circulation of blood of another person: You have any of domestic violence relationship as listed in ARS 13-3601. Many states break down the crime of assault even further than the basic and aggravated assault charges in some jurisdictions. Sometimes assault charges are filed against people who were merely defending themselves. A person could be charged with the offense if he or she commits the assault knowing or having reason to know the person is an officer. Web4 13-1204. Simple Assault. However, if this threat is regarding is in an effort to get someone involved in gang activity, it is elevated to a class 3 felony and can carry 3 years in prison. For example, an assault committed using a deadly weapon is a Class 3 Dangerous Felony and an assault where the victim is a paramedic is a Class 6 Felony. 29 Apr 2023 23:52:19 Assault with a deadly weapon is a felony offense regardless of the actual injuries caused to the victim. Communicating threats also falls under the heading of assault. Assault can also occur when one person makes the other person believe or fear that they are going to be hurt. Regardless of the way in which you have been accused of aggravated assault, you are facing serious felony charges. Law Practice, Attorney ARS 13-1204(A)(8) defines an officer to be any one of the following who is engaged in official duties: A person also could be charged with aggravated assault if he or she attempts to or succeeds in taking control of a peace officer's firearm or any other sort of weapon. If there are any mitigating or aggravating circumstances, then the judge can go down to 0.5 year in prison and go up to 2.5 years in prison. STATE OF Aggravated assault can range from the most serious classification of a Class 2 Felony to the least serious classification of a Class 6 Felony. A person commits aggravated assault if the person commits assault 6 as prescribed by section 13-1203 under any of the following circumstances: 7 1. An assault under section 13-1203 becomes an aggravated assault under section 13-1204(A)(2) if a deadly weapon or dangerous instrument is used in the assault. Submit your case to start resolving your legal issue. The following is a list of recent first and second-degree felony indictments from the Ector County District Clerk's Office. This means that if you are found guilty of this charge, you will receive a mandatory prison sentence ranging from 5 years minimum to 15 years maximum. Because the presence of a deadly weapon substantially increases the risk of harm to Dont try to feel your way through the criminal justice process alone. The term deadly weapon may also refer to any other object that is used or intended to be used in such a way that it could cause serious injury or death to another human being. Another example of a simulated deadly weapon is a nasal inhaler used to simulate the barrel of a gun pressed to the victims body. Library, Bankruptcy You can expect to be charged with a second-degree felony for aggravated assault. The three mental states required for assault are defined below. Penalties can also increase if the defendant has a prior criminal history involving dangerous felony offenses. The man is charged with aggravated assault because he ripped Janes clothing, which showed his intent to rape her. Ann. Class 5 felonies could carry up to two years and six months in prison, and a Class 4 felony could carry up to three years and nine months in prison. The crime of assault and/or battery becomes an aggravated assault/battery based on whether: A deadly weapon was used; The status of the victim is a protected class; The perpetrator's intent; or; The seriousness of the injury. Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. The exception is when the victim is a police officer. Call (480) 413-1499. If Bob, from the example above, moves his jacket aside to show to John that he is carrying a gun in his belt, he would likely be charged with aggravated assault, rather than simple assault. People commit this offense when they rob someone and do so while either armed with a deadly The aggravated assault sentence you should expect depends on such things as: The types of aggravated assault offenses defined above that are Class 2 Dangerous Felonies include assaults that are aggravated by the following factors: If convicted, the judge starts by considering the presumptive term of 10.5 years in prison. occurs when someone physically harms or wants to harm another person. 30 Apr 2023 16:56:49 Aggravated assault; classification; definitions 5 A. Often times, if an object is not inherently dangerous (unlike a gun or knife), a judge or jury must decide if the defendant used the object in a way that made it a dangerous instrument. 13-3601 and you strangled or suffocated the victim, then the aggravated assault is classified as a Class 4 Felony and Domestic Violence Offense. This means that the possible punishment and potential prison sentence for aggravated assault is harsher than it is for other forms of less serious assault crimes. If someone attacks a person by choking, kicking, or punching, they could face a charge of assault with a deadly weapon. Other states, such as California, specifically exclude the human body from the definition of a deadly weapon. Deadly weapon or dangerous instrument when the victim is an officer or prosecutor; Serious physical injury when the victim is an officer or prosecutor. Defend your rights. A person who was tied up or whose ability to resist was substantially impaired. Victim is a police officer (no injuries); Victim is a prosecutor (and received any physical injury). We've helped 95 clients find attorneys today. 1 An assault under section 13-1203 becomes an aggravated assault under section 13- Aggravated assault. If injury occurs, it is a Class 4 felony. The prosecution must prove that you committed an assault and that you caused serious physical injury to another person. Ann. Other Factors Leading to Aggravated Assault, Penalties and Consequences of Aggravated Assault, Penalties and Consequences of Aggravated Sexual Assault.
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