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. In addition, convicted felons cannot vote, serve on a jury, or own a firearm. Because the crime is a dangerous offense, penalties include five (and up to 15 years) in prison, a fine up to $150,000, or both. 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. 9 3. Entered the private home of another person with the intent to commit an assault; Committed the assault after entering the persons private home. % We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. 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. The law office represents clients throughout Tempe and the surrounding areas of Arizona, including Mesa, Gilbert, Phoenix, Chandler, Scottsdale and East Valley. The crime of attempting or threatening to do serious bodily harm to another person, or to cause that person to fear bodily harm. These releases are not intended to document every public contact or response to a call-for-service. What is the difference between assault and aggravated assault? Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Estate Stat. Call (480) 413-1499. WebFor instance, an aggravated assault involving a dangerous weapon or resulting in serious bodily harm (like broken bones) might carry a 10-year sentence. Prosecutor, public defender, or judicial officer. endobj RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. 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. Aggravated assault occurs when the crime is taken a step further, such as when a weapon is used, or the harm or threat takes place in certain circumstances. John is stunned, and so does not move over immediately. A persons hand can also be a simulated deadly weapon if they hold their hand under their clothes to give the appearance of a handgun. 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. 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. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. Assault can also occur when one person makes the other person believe or fear that they are going to be hurt. Assault with a deadly weapon is considered to be a felony crime in most states, although this could also vary from state to state. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Deadly weapon or dangerous instrument when the victim is an officer or prosecutor; Serious physical injury when the victim is an officer or prosecutor. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The law office represents clients throughout Tempe and the surrounding areas of Arizona, including Mesa, Gilbert, Phoenix, Chandler, Scottsdale and East Valley. Please call me for a legal consultation today. Stat. The attorney listings on this site are paid attorney advertising. These can include your age, prior legal history, mental capacity and role in the assault. Contact me today for a free legal case evaluation on any criminal charge by calling: Call me now for a free Arizona legal defense consultation on any criminal offense. Additionally, you cannot have your gun rights restored. Joshua Allen Wade, 42, of Simply put, to aggravate a crime means to make the crime more serious. This is punishable by between 7 and 21 years in prison, and you can also be fined up to $150,000 (Ariz. Rev. If sentenced to prison, the judge starts by considering the presumptive term of 1 year in prison. AGGRAVATED ASSAULT. WebAggravated assault is classified as a felony under Arizona Revised Statute (ARS) 13-1204. The types of aggravated assault offenses defined above that are Class 4 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. Temporary has been defined to mean lasting for a limited time. The law says that a regular assault becomes an aggravated Stat. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. The felony classification of aggravated assault depends on which factor aggravates the assault. 13-701, 13-704.). The Immigration Judge sustained the charge of removability. Additionally, a conviction could mean bearing the burden of a criminal record and being labeled a convicted felon, which carries additional consequences. <> Ann. in 2017 from the University of Houston Law Center and his B.A. 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 suspects, an 18-year-old man and three 19-year-old men, are charged with aggravated assault with a deadly weapon and engaged in organized criminal The types of aggravated assault offenses defined above that are Class 6 Felonies include assaults that are aggravated by the following factors: Victim is a firefighter, emergency medical technician, or paramedic, Victim is a teacher, school nurse, or school employee, Victim is a prosecutor (no injuries), public defender, or judicial officer, Victim is a child under 15 years of age (no serious physical injury and no deadly weapon or dangerous weapon used). 2021) PARTIES: if the person is Assaults happen quite frequently under a variety of circumstances. Some assaults are upgraded to aggravated assault based on the identity of the victim. If this is your first offense you may be facing a range of 5-15 years in prison. Probation 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. The definition also includes a threat or attempted attack with a deadly weapon, such as a Victim is a police officer (no injuries); Victim is a prosecutor (and received any physical injury). A person who was tied up or whose ability to resist was substantially impaired. The contact form sends information by non-encrypted email, which is not secure. The following is a list of recent first and second-degree felony indictments from the Ector County District Clerk's Office. 30 Apr 2023 04:17:29 The law recognizes the sanctity of a persons home. He can help you examine the facts of your particular case and work to get the charges reduced or dropped. Copyright 2023 Phoenix Criminal Attorney. (Ariz. Rev. 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. Besides operable guns, other examples of deadly weapons include: A dangerous instrument is any object that is under the circumstances, is used or attempted to be used, or threatened to be used, and is readily capable of, causing death or serious injury to someone. If the gun was permanently inoperable, then Arizona law does not consider it to be a deadly weapon. Punishment for aggravated assault may include a fine of as much as $10,000, and imprisonment for many years. This is true whether the weapon causes any injury. Additionally, any prior criminal history can also result in harsher sentencing. The type of weapon used makes a difference in the assault and battery penalties that will be assessed. 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. Stat. Many states have three-strikes or habitual offender laws in which multiple felony convictions may result in a life sentence in prison, regardless of the severity of the individual crimes. ARS 13-1204 is the law that defines how aggravated assault is classified in Arizona. But if the victim is an officer or a prosecutor, then it is classified as a more serious Class 2 Dangerous Felony. 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. Alternatively, the court may need to determine whether a deadly weapon was actually used at all during the assault. 13-1204, 13-701, 13-704, 13-801). 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. But if the victim is an officer or a prosecutor, then it is classified as a more serious Class 2 Dangerous Felony. Other legal punishments for felony crimes include criminal fines that could reach $10,000. Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. 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. So, it alone is enough to raise a simple assault to an aggravated assault. Serious physical injury includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. Intentionally, knowingly, or recklessly caused any physical injury to another person; or, Intentionally put another person in reasonable apprehension of imminent physical injury; or. 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. I am hopeful my answer is "HELPFUL" and/or is a good answer?" For more information misdemeanor assault, see Arizona Assault and Battery Laws. A person commits aggravated assault if the person commits assault 6 as prescribed by section 13-1203 Nothing on this website is intended to constitute legal advice specific to any individual or case. 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. In some states, assault with a deadly weapon is a wobbler. A Tempe aggravated assault defense lawyer can help you fight the conviction and protect your reputation. 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. Although the human body itself is not a deadly weapon, legally speaking, it can certainly be used in such a way as to cause another person great bodily injury or death. A police officer does not have to be engaged in their official duties to make an assault an aggravated assault. 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. These aggravated assault charges could lead to years in prison, steep fines or both. Some of the more common types of victims that will transform a misdemeanor assault into a felony assault are listed below. 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. It is important to know all of your options when facing criminal charges. Such weapons of opportunity may include boards, baseball bats, rocks, bricks, ice picks, letter openers, tools, or any object that could cause serious harm or death. If the victim is a peace officer, prosecutor, or under 15 years of age, assault with a deadly weapon is a Class 2 felony. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Aggravated assaults are far more serious than simple assaults. 13-702, 13-1204, 13-1507, 13-1814 (2022).) If the person causes serious physical injury to another. But if the assault threatens or results in great bodily harm or risk of death, the maximum penalty may be a 20-year prison sentence. 13-705 that is committed against a child who is under 15 years of age. 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. 30 Apr 2023 06:10:04 The legal definition of what constitutes a deadly weapon is intentionally broad. These factors will obviously differ from case to case, and can often be difficult to determine. According to the Arizona Revised Statutes, a deadly weapon is anything designed for lethal use. He has more than a decade of experience, and he will use his knowledge of the legal system to help you get your life back on track. A dangerous instrument means anything that is readily capable of causing death or serious physical injury under the circumstances in which it is used. 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. The judge cold also sentence you to a prison term. 13 min ago Wharton Police Department WHARTON, Texas - The Wharton Police Department reports Tamya Myles, a Houston woman, is wanted for aggravated assault with a deadly weapon. Assaulting a child may also result in the more serious charge of aggravated assault. 30 Apr 2023 04:17:29 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. LegalMatch, Market A simple assault becomes an aggravated assault when the assault is committed against certain people who the law considers as worthy of special protection. If you have been charged with aggravated assault with a deadly weapon in Arizona, contact us today for a private, no obligation consultation at 602-777-3368. The judge cold also sentence you to a prison term. Although assault can be a misdemeanor, if it involves a dangerous instrument or deadly weapon, it is automatically considered a felony instead. Also, if the crime was committed in an especially cruel manner, a harsher sentence can be imposed. The judge cold also sentence you to a prison term. VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release ACCUSED: Anthony Saucer AGE: 44. Sentenced to 40 years Texas Department of 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. While there are many ways to commit felony aggravated assault in Arizona, the crime is serious and requires a carefully crafted defense. What type of felony is aggravated assault? 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. 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. An assault charge is aggravated if: The Aggravated assault; classification; definitions 5 A. Ann. 29 Apr 2023 23:52:19 For more information on aggravated assault, see Arizona Aggravated Assault Laws. All rights reserved. It depends on the type of aggravated assault you plead guilty to or are found guilty of by a jury and whether you have any prior felony convictions. A driver purposely runs someone down with their car. 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. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); DISCLAIMER: The material found on this website is intended solely for informational purposes. The three mental states required for assault are defined below. Assault with a deadly weapon is similar to assault, in that actual bodily harm does not need to happen. When determining whether to charge a perpetrator with simple or aggravated assault, many things are taken into consideration, including (1) use of a weapon, (2) identity of the victim, (3) intent of the perpetrator, and (4) extent of the injury caused. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Other Factors Leading to Aggravated Assault, Penalties and Consequences of Aggravated Assault, Penalties and Consequences of Aggravated Sexual Assault. Some courts rule assault with a deadly weapon as an aggravated assault. It refers to a wide range of objects that can inflict death or great bodily harm. WebAggravated assault; classification; definitions A. Mistake or misinterpretation on the victims part; There was no object used, only words were exchanged between the parties; and. 2 0 obj This includes vulnerable victims and victims who hold certain positions in societysuch as an officer or a health care provider. This includes aggravated assault with a deadly weapon or dangerous instrument and aggravated assault causing serious physical injury. 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. If sentenced to prison, the judge starts by considering the presumptive term of 1.5 years in prison. Stat. The perpetrator administers a drug to the victim as part of the crime. Although the mans attempt to rape Jane was unsuccessful, the fact that he intended to cause her harm, and caused her reasonable fear, the crime constitutes aggravated assault. 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. WebPenalties for Assault with a Deadly Weapon Arizona classifies assault with a deadly weapon as a Class 3 felony. endobj This means that even if you have no prior criminal history, you cannot be placed on probation and must be sentenced to prison. But he alleged the couple stepped over the line on April 5. 30 Apr 2023 06:10:04 If a victim suffers serious injuries, an assault will be classified as aggravated. A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). James Novak is dedicated to helping his clients, no matter how tough the charges appear. Whether it is illegal to possess such weapons depends on the law in the state in which a person lives. %PDF-1.7 Aggravated assault based on a victims status is a Class 6 Felony.
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