Assault

Misdemeanor

 

Three are three levels of misdemeanor assault in Arizona.

 

Assault is a class 1 misdemeanor when a person intentionally or knowingly causes any physical injury to another person.

 

Assault is a class 2 misdemeanor when a person recklessly causes any physical injury to another person or intentionally places another person in reasonable apprehension of imminent physical injury.  

 

Assault is a class 3 misdemeanor when a person knowingly touches another person with the intent to injure, insult or provoke such person.

Felony

Assault can also be charged as a felony, called Aggravated Assault, in Arizona.  A few ways a person can commit aggravated assault are listed below.  A person commits aggravated assault if the person commits a misdemeanor assault described above and:

  • The person causes serious physical injury to another.

  • The person uses a deadly weapon or dangerous instrument.

  • 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.

  • 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.

  • The person commits the assault after entering the private home of another with the intent to commit the assault

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

  • If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

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

    • A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties or if the assault results from the execution of the peace officer's official duties.

    • A constable, or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.

    • A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.

    • A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

    • A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with Alzheimer's disease or related dementia.

    • A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.

    • A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.

    • A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.

    • A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.

    • A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.

For the full description of aggravated assault, please refer to Arizona Revised Statute §13-1204. 

 

Further, if the assault occurs between two people with a relationship that qualifies as domestic violence under Arizona law, it will be charged as a domestic violence offense. 

 

Read more about domestic violence here.

 

 

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Disclaimer:  The information on this website is intended to be informational only, and it is not intended to be legal advice for a specific case.  It does not establish an attorney-client relationship.  Readers should not act upon any information on this website without seeking the advice of counsel. 

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