Have you Been Charged with Aggravated Assault in Tucson? Have you spoken with an experienced Tucson Aggravated Assault Attorney?
If you have been charged with assault in Tucson you may be facing misdemeanor or felony charges. Assault is classified as a felony if certain aggravating factors are present. A.R.S. § 13-1204 (A) states that a person may be charged with aggravated assault if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person, if they:
1. Cause serious physical injury to another;
2. Use a deadly weapon or dangerous object to use as a weapon;
3. Commit assault by means of any force that causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;
4. Commit assault while a victim is bound; physically restrained; or while the victim’s capacity to resist the assault is substantially impaired;
5. Commit assault after entering the private residence of another with the intent to commit assault;
6. Are 18 years of age or older, and they commit assault on a child who is under the age of 15.
7. Commits a “simple” or Misdemeanor assault while violating a valid order of protection or restraining orders;
8. Gain Control or attempts to gain control of a police officer’s firearm or other weapon;
9. Commit any assault against a police officer, peace officers, constables, firefighter, emergency treatment paramedic, teacher, school employee, or licensed health care professionals engaging in their occupational duties, public defenders or criminal prosecutors.
The penalties for aggravated assault vary greatly from a Class 6 Misdemeanor (least severe) to a Class 2 Misdemeanor (most severe). A Class 6 Misdemeanor has a prison sentence from 18 months to 3 years, with the presumptive term of imprisonment being 27 months. A Class 2 Misdemeanor carries a prison sentence from 7 to 21 years, with a presumptive term of imprisonment being 10.5 years. In addition to a lengthy prison sentence, an aggravated DUI conviction may result in fines up to $150,000 and criminal restitution for the victim.