Class 2 Dangerous Felony Aggravated Assault, Class 2 Felony and Dangerous Crime Against Children (DCAC), Class 3 Dangerous Felony Aggravated Assault, For Class 3 Felony Aggravated Assault (Non-Dangerous). WebAggravated assault also includes the use of a deadly weapon to intentionally and knowingly cause serious bodily harm to another person. Additionally, you cannot have your gun rights restored. In Arizona, the standard classification for aggravated assault with a deadly weapon is a class 3 felony. Victims Ability to Resist was Substantially Impaired. 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. This includes relationships such as: You and the victim are married or were married; You and the victim are roommates or were roommates; You and the victim have a child together; You or the victim are pregnant by each other; The victim is your or your spouses parent, grandparent, child, grandchild, brother, or sister (by blood or adoption); The victim is your stepparent, step-grandparent, stepchild, step-grandchild; You and the victim are, currently, or were previously in a romantic or sexual relationship. Misdemeanor assault with a deadly weapon can be punished by up to a year in jail, whereas the felony crime can be punished by up to four years in prison. Troopers responded to the scene and met with all the parties involved. Robles acknowledged Dotsons Second Amendment rights. Ann. & Aggravated assault can range from the most serious classification of a Class 2 Felony to the least serious classification of a Class 6 Felony. Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. The crime can occur and be prosecuted if the victim feels threatened and/or afraid that they might be hurt, or even possibly killed. (Ariz. Rev. 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. This was intentional, in order to avoid as many loopholes as possible. This includes serving a long prison sentence, owing hundreds of thousands of dollars in restitution, never being able to legally own a firearm again, and losing your right to vote. The types of aggravated assault offenses defined above that are Class 3 Dangerous Felonies include assaults that are aggravated by the following factors: If convicted, the judge starts by considering the presumptive term of 7.5 years in prison. The types of aggravated assault offenses defined above that are Class 2 Felonies and Dangerous Crimes Against Children include assaults that are aggravated by the following factors: If convicted, the judge starts by considering the presumptive term of 17 years in prison. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process. Stat. Another example of a simulated deadly weapon is a nasal inhaler used to simulate the barrel of a gun pressed to the victims body. 13-1204, 13-701, 13-704, 13-801). The crime of attempting or threatening to do serious bodily harm to another person, or to cause that person to fear bodily harm. When ruling on cases involving assault with a deadly weapon, the courts will consider state laws as well as the evidence presented to them regarding the case. But almost any of the other types of aggravated assault offenses can also be classified as a domestic violence offense if you have a domestic violence relationship. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: The mental state or intent of the perpetrator at the time of the crime comes into play in determining the severity of the assault charge. What is the difference between assault and aggravated assault? This type of injury is worse than a simple physical injury, but not as bad as a serious physical injury. A deadly weapon is anything designed for lethal use, including a firearm, even if it's unloaded. If you have a question regarding an incident or case, please contact your local state police. Disclaimer: We are not a government agency. your case, What is Assault and Battery? Simple assault is most commonly recognized as an attempt or threat to injure another person without actually striking them or causing bodily harm. In these cases, the aggravated assault with a deadly weapon Texas sentence can carry 5-99 years (or life) in prison and a fine of up to $10,000 if convicted. Aggravated Assault on an Officer Offenses, Penalties for Assaulting an Officer in Arizona, Common Defenses in Assault and Aggravated Assault Cases, Aggravated Assault Causing Serious Physical Injury, Use of Witness Testimony in Assault and Aggravated Assault Cases, Plea Bargaining in DUI and Other Drunk Driving Cases, Peace officers, such as law enforcement officers. However, California law also states that use of any means of force likely to produce great bodily injury, would warrant a charge for assault with a deadly weapon. Meaning, it may be charged as a misdemeanor or felony, depending on the facts of each specific case. It is not intended to provide legal advice, nor does it substitute for the professional judgment of Phoenix Criminal Attorney concerning the facts and the laws that apply in your individual case. Stat. An experienced and local criminal defense attorney will ensure you understand the charges you are facing, as well as your rights and any potential penalties you may be facing. 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. 13-1204, 13-701, 13-704, 13-801.). 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. On appeal, Ewer argued that the trial court erred in modifying the justification instructions to generically use the word person rather than defendant. Call (480) 413-1499. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR VSP News Release-Incident . WebContact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. Law, Immigration We serve clients throughout Arizona including those in the following localities: Maricopa County including Ahwatukee, Apache Junction, Chandler, Fort McDowell, Fountain Hills, Gilbert, Guadalupe, Mesa, Phoenix, Queen Creek, Scottsdale, Sun Lakes, and Tempe; and Arizona State University Campuses in Maricopa County. It could also include an elderly victim whose ability to resist was substantially impaired by their age. Facing charges as serious as this can be nerve-racking. 13-1204, but also the crime of dangerous or Law, Employment endobj 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. The legal definition of what constitutes a deadly weapon is intentionally broad. 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. 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. A. WHARTON, Texas - The Wharton Police Department reports Tamya Myles, a Houston woman, is wanted for aggravated assault with a deadly weapon. Simply put, to aggravate a crime means to make the crime more serious. An injury does not necessarily have to occur for an incident to be considered assault; simply the existence of fear of possible injury is enough to be considered an assault. 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. Common examples of deadly weapons include brass knuckles, handguns, and swords. If you are facing assault with a deadly weapon charges, it is imperative that you consult with a criminal lawyer. Contact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. Deadly weapons include such weapons as guns and knives, but other instruments can be considered deadly if they are used to threaten or attack someone. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. 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. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR http://dlvr.it/SnJ4y2. The prosecution must prove that you committed an assault and that the person assaulted was: Aggravated assault against a victim that the law considers helpless is a Class 6 Felony. When there is no statute that defines a term, then the common meanings are used. Home > Violent Crimes > Aggravated Assault. Nothing on this website is intended to constitute legal advice specific to any individual or case. While there are many ways to commit felony aggravated assault in Arizona, the crime is serious and requires a carefully crafted defense. This means that the prosecution must first prove that you: B. Aggravator. Bob swings his fist at Johns face but misses, and John sprints away in fear. 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. Again, this will vary from state to state. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. There are many ways that a person can be charged with aggravated assault in Arizona under ARS 13-1204. Jose Sanchez, Aggravated assault with a deadly weapon. If you threaten bodily harm to someone or threaten their property, you may be charged with a class 1 misdemeanor. Items such as billy clubs, switchblades, and cane swords are other uncommon items that can be used to cause serious injury or death. 13-705. Examples: Amputated body parts; paralysis; injuries requiring surgery or longer than normal healing time. The Vermont State Police disseminates news releases for significant criminal or public safety incidents and arrests. Submit your case to start resolving your legal issue. Because the crime is a dangerous offense, penalties Assaults happen quite frequently under a variety of circumstances. Use of a weapon during the act of assault constitutes aggravated assault. All Rights Reserved. All of these variables make it extremely important to have an attorney who knows your rights, and can help you make the best decisions possible during this difficult process. Aggravated assault based on a victims status is a Class 6 Felony. Ann. Today, well discuss some of the most common types of Aggravated Assault. For example, the fracture of a body part that heals normally may not constitute serious physical injury. Saucer was taken into custody without incident and transported to the Vermont State Police Barracks in St. Johnsbury for processing. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. Saucer was ultimately ordered held without bail and issued a citation to appear in Orange County Superior Court Criminal Division to answer for the charge. A person who was tied up or whose ability to resist was substantially impaired. Aggravated assault with a deadly weapon is an extremely serious charge in Arizona. A jury will consider factors such as the injurys seriousness, location, duration, and visibility to others to decide if it is temporary but substantial disfigurement. Ann. Deadly weapon or dangerous instrument when the victim is an officer or prosecutor; Serious physical injury when the victim is an officer or prosecutor. WebFor instance, an aggravated assault involving a dangerous weapon or resulting in serious bodily harm (like broken bones) might carry a 10-year sentence. Web16-5-21. This article specifically addresses assault with a deadly weapon. 30 Apr 2023 04:17:29 Aggravated assaults are far more serious than simple assaults. Alternatively, the court may need to determine whether a deadly weapon was actually used at all during the assault. The judge cold also sentence you to a prison term. 30 Apr 2023 16:56:49 Hire a good lawyer to represent you. In a domestic assault, it is not necessary for a weapon to be used to achieve a charge of aggravated domestic assault. Braiden Stout, pleaded guilty to aggravated assault with a deadly weapon, two counts aggravated robbery. Felony Assault Lawyers: Is Assault and Battery a Felony? Other legal punishments for felony crimes include criminal fines that could reach $10,000. But if the victim is an officer or prosecutor, then it is classified as a Class 3 Felony. Read more under Penalties for Aggravated Assault. And disfigurement has been defined to mean to blemish or spoil the appearance or shape of. Entered the private home of another person with the intent to commit an assault; Committed the assault after entering the persons private home. If a victim suffers serious injuries, an assault will be classified as aggravated. Additionally, a conviction could mean bearing the burden of a criminal record and being labeled a convicted felon, which carries additional consequences. Stat. . The prosecution must prove that you committed an assault and that you knew or had reason to know that her person assaulted was a: Generally, the prosecution must also prove that the victim was engaged in the execution of their official or professional duties. If the prosecution proves that the aggravated assault was a dangerous crime against children, the you cannot be placed on probation and you must be sentenced to prison according to the dangerous crimes against children statute A.R.S. If the person uses a deadly weapon or dangerous instrument. 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. Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. (Ariz. Rev. An assault is an attempt by one person to cause another person serious bodily harm, whether they do it on purpose, or through reckless actions, with a deliberate lack of respect for the victims life or safety. 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. 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. Prosecutor, public defender, or judicial officer. 3 0 obj Jane screams, and the man strikes her several times to quiet her, then begins ripping her clothing. if the victim is a police officer, prison guard, firefighter, prosecutor, teacher, or medical professional. A gun must be operable to be a deadly weapon. Go to Vehicular Assault to learn more. But if the victim is an officer or a prosecutor, then it is classified as a more serious Class 2 Dangerous Felony. WebAggravated assault is an attack, with or without a weapon, resulting in serious physical injury, such as broken bones, lost teeth, or internal injuries. So, whether temporary but substantial disfigurement was caused will depend on the facts of a case and will be up to a jury to decide. <> We've helped 95 clients find attorneys today. Information About Aggravated Assault on an Officer. WebIf any Aggravated Assault is committed while using a deadly weapon or dangerous instrument then the mandatory range of punishment on a first offense class three (3) 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. The attorney will also work to construct a solid legal defense, and can represent you in court as needed. 8 2. This charge is more severe, and if convicted, a person could face up to 12.5 years in prison. An assault charge is aggravated if: The 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. An example of this would be how a baseball bat is not technically an illegal weapon, but it could be considered a deadly weapon if used in the course of the crime of assault. Many states follow guidelines that specify particular injuries to determine the seriousness of the assault, but also allow law enforcement and the judicial system to consider the severity of injury. We've helped 95 clients find attorneys today. The prosecution must prove that you committed an assault and that you used a simulated deadly weapon. WebAs a result, police can be quick to charge somebody with disorderly conduct when no other obvious crimes have occurred, such as assault or criminal damage. Arizona classifies assault with a deadly weapon as a Class 3 felony. Should you know her whereabouts, tip safely and anonymously via www.P3tips.com Your anonymous tip could earn you a cash reward. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Manage Settings In Arizona, Aggravated Assault charged under ARS 13-1204 is a Class Four Felony, and in some cases with mandatory prison. He can help you examine the facts of your particular case and work to get the charges reduced or dropped. You could be facing merely fines or a lengthy prison sentence.

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