Felony Aggravated Assault

Felony aggravated assault charges in Mesa are very serious and can result in severe repercussions. A conviction can result in a lengthy prison sentence, steep fines, restitution, a criminal record, a negative impact on employment or professional opportunities, and an inability to own or possess a firearm.

Often, aggravated assault accusations can arise from a number of situations. Although an individual may not have meant to commit an aggravated assault, they can still be charged with this felony offense if they commit a misdemeanor assault offense and cause serious injury or use a weapon, in addition to a variety of other aggravating factors.

Criminal charges for aggravated assault do not necessarily have to result in a conviction. The prosecutor must demonstrate the alleged offender committed every element to the offense beyond a reasonable doubt before the offender can be convicted. This means if the judge or jury has any doubt at all, the charges must be reduced or even dismissed. Therefore, it is essential to hire an experienced criminal defense attorney in Mesa to create your best defense.

If you have been charged with aggravated assault in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s assault laws and will make every effort to fight the allegations you are facing and help you avoid the most serious penalties and repercussions to the charges against you. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged aggravated assault.

According to section 13-1204 of the Arizona Revised Statutes, an individual can be charged with aggravated assault if they commit a misdemeanor assault with any of the following conditions:

• They cause serious physical injury to another person. This offense is punishable as a class 3 felony or class 2 felony of the alleged victim was under the age of 15.
• They commit the assault through use of force that causes temporary disfigurement, temporary loss or impairment of any body organ or part. This offense is punishable as a class 4 felony.
• They commit the assault while the other person is bound, physically restrained, or unable to resist. This aggravated assault can result in a class 6 felony.
• The commit the assault after entering the other person’s private home with the intent to commit the assault. This offense can result in a class 6 felony.
• The commit the assault against another person that is under 15 years old and they are 18 years old or older. This offense is punishable as a class 6 felony.
• They commit the assault by touching another person in violation of an order of protection. This aggravated assault is punishable by a class 6 felony.
• They knowingly commit the assault against a certain class of people. This offense can result in a class 6 felony aggravated assault conviction.

Additionally, an individual can be charged with an aggravated assault offense if they commit an assault offense while preventing the normal breathing or circulation of blood of the other person (strangulation). This offense can result in a class 4 felony.

For the purpose of aggravated assault, an individual commits a misdemeanor assault in Tempe if they:

• Knowingly, recklessly or intentionally cause physical injury to another person;
• Intentionally cause reasonable fear of harm in another person; or
• Knowingly touch another purpose to provoke, injure or insult that person.

According to section 13-1204(A)(2) of the Arizona Revised Statutes, an individual can be charged with aggravated assault with a weapon if they commit an assault offense and use a deadly weapon or dangerous instrument during the commission of the offense. Assault with a weapon can result in a class 2 or 3 felony conviction, depending on whether the victim was under the age of 15.

If the alleged offender knowingly commits an assault offense a certain class of people, as defined in the Arizona Revised Statutes § 13-1204(A)(8), the alleged offender can be charged with an aggravated assault offense. The individuals in this class can include:

• Peace officers,
• Constables,
• Firefighters,
• Fire investigators,
• Fire inspectors,
• Emergency medical technicians (EMT),
• Paramedics,
• Teachers,
• Other individuals who are employed by a school,
• Health care practitioners,
• Prosecutors,
• Code enforcement officers,
• State or municipal park rangers, or
• Public defenders.

Individuals who are conviction of aggravated assault in Tempe are generally sentenced to a presumptive prison term, according to Chapters 7 and 8 of Title 13 of the Arizona Revised Statutes. However, prison sentences can range from a minimum term of imprisonment to a maximum term of imprisonment, depending on a variety of factors. These factors can include:

• Whether a weapon or dangerous instrument was used during the assault;
• Whether the alleged offender has prior convictions;
• Whether the assault involved a minor under the age of 18;
• Whether the assault resulted in death or serious bodily injury;
• Whether the assault was mitigated; and/or
• Whether the victim was pregnant at the time of the assault.

The sentencing ranges for first-time felony aggravated assault offenders are listed below:

• A conviction for a class 6 felony aggravated assault offense can result in prison term ranging from 18 months to three years, but the presumptive term of imprisonment is 27 months.
• A conviction for a class 5 felony aggravated assault offense can result in a prison term ranging from two years to four years, but the presumptive term of imprisonment is three years.
• A conviction for a class 4 felony aggravated assault offense can result in a prison term ranging from four years to eight years, but the presumptive term of imprisonment is six years.
• A conviction for a class 3 felony aggravated assault offense can result in five to 15 years in prison, but the presumptive term of imprisonment is 7.5 years.
• A conviction for a class 2 felony aggravated assault offense can result in a prison term ranging from seven years to 21 years, but the presumptive term of imprisonment is 10.5 years.

Additionally, felony aggravated assault offenders may also be required to pay a fine up to $150,000.

Contact the Law Office of James E. Novak today for a consultation about your aggravated assault charges throughout Maricopa County in Arizona. James Novak is an experienced Scottsdale assault lawyer who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your alleged aggravated assault throughout Maricopa County in Arizona.