If the offender is sentenced to prison, he may be required to undergo therapy or other rehabilitation program during his incarnation. Common examples of deadly weapons include brass knuckles, handguns, and swords. If the person uses a deadly weapon or dangerous instrument. In addition, convicted felons cannot vote, serve on a jury, or own a firearm. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following Ann. Generally speaking, jail time for assault with a deadly weapon consists of one year or more to be spent in a federal prison facility. 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. Examples: Amputated body parts; paralysis; injuries requiring surgery or longer than normal healing time. James Novak is dedicated to helping his clients, no matter how tough the charges appear. Aggravated assault in Arizona pursuant to ARS 13-1204 is also known as felony assault. Temporary but Substantial Loss or Impairment of any Body Organ or Part. Mistake or misinterpretation on the victims part; There was no object used, only words were exchanged between the parties; and. 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. Did If the person commits an assault on an officer 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, it is a Class 3 felony. According to the Arizona Revised Statutes, a deadly weapon is anything designed for lethal use. Go to Vehicular Assault to learn more. 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 qualified professional can capitalize on your strengths and the circumstances surrounding your case that warrant a lesser sentence. The definition does not include a firearm that is permanently inoperable. 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. (a) A person commits an offense if the person commits assault as defined in Sec. WebAggravated assault; classification; definitions A. For legal advice, please call Laboy Law Phoenix Criminal Attorney at 602-777-3368. A simple assault is elevated to an aggravated assault when a serious physical injury is caused to reflect the seriousness of the harm. 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. The exception is when the victim is a police officer. Best of luck. Web5 A. For example, John is walking down the street carrying a bag of groceries. An example of data being processed may be a unique identifier stored in a cookie. Aggravated assault with a simulated deadly weapon is a Class 3 Felony. endobj 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. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. WebIn Martinez, the Court upheld the trial courts conclusion that aggravated assault includes not only the offense set forth in A.R.S. Use of a Weapon Use of a weapon during the act of assault constitutes aggravated assault. Your anonymous tip could earn you a cash reward. The judge cold also sentence you to a prison term. For example, the fracture of a body part that heals normally may not constitute serious physical injury. 1) Aggravated Assault Charges An aggravated assault is a felony in Arizona. Items such as billy clubs, switchblades, and cane swords are other uncommon items that can be used to cause serious injury or death. in 2017 from the University of Houston Law Center and his B.A. Your history and the circumstances of the crime will determine where in this range the judge sentences you. A conviction for aggravated assault requires the prosecution to first prove the underlying simple assault (Simple Assault + Aggravator). A dangerous crime against children is any crime listed in A.R.S. Generally, aggravated assault committed on a peace officer while the officer is engaged in the execution of any official duties is a Class 5 felony, unless the assault results in any physical injury to the peace officer. If you are facing assault charges, dont fight it alone. Eleventh Circuit Upholds Armed Career Criminal Sentence And Holds Florida Aggravated Assault A Violent Felony TALLAHASSEE, FLORIDA Jason R. Coody, United States Attorney for the Northern District of Florida, announced that on April 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit upheld the 211-month sentence of Fred Defendants have been found guilty of assault with a deadly weapon for having utilized such items as baseball bats, knives, and guns. While there is no specific type of assault classified as aggravated, the judicial system considers a number of things when charging a perpetrator with assault charges. Assault is classified as a misdemeanor and aggravated assault is a felony. This also could apply if the suspect used a deadly weapon or dangerous instrument during the offense. 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. your case, What is Assault and Battery? Should you know her whereabouts, tip safely and anonymously via www.P3tips.com Your anonymous tip could earn you a cash reward. You owe it to yourself to ensure that you employ the most effective aggravated assault possible. Laboy Law aggravated assault attorney in Phoenixprovides our clients with focused legal assistance for even the most severe aggravated assault with a deadly weapon charges. Some of the possible defenses to assault with a deadly weapon may include: The consequences of an assault with a deadly weapon charge will vary from state to state, as well as whether the crime is considered to be a felony. We and our partners use cookies to Store and/or access information on a device. The prosecution then must prove that the assault was aggravated by one of the factors listed in ARS 13-1204. To deal with rising issues of domestic violence, in 2010, Arizona created a new type of aggravated assault based on the common domestic violent act of a person strangling or suffocating another person. Examples: A hammer, bat, golf club, or car. If sentenced to prison, the judge starts by considering the presumptive term of 3.5 years in prison. Legally, the term deadly weapon covers objects that most ordinary people would not think of as deadly weapons. The attorney will also work to construct a solid legal defense, and can represent you in court as needed. Copyright 2023 Phoenix Criminal Attorney. Conversely, a judge can also choose to take mitigating factors in account when deciding your fate. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. Braiden Stout, pleaded guilty to aggravated assault with a deadly weapon, two counts aggravated robbery. 29 Apr 2023 23:06:19 We've helped 95 clients find attorneys today. Call (480) 413-1499. You have the right to legal counsel and the right to defend yourself against the charges. Kim Tatman Turner, 47, of Beaumont was indicted for aggravated assault with a deadly weapon for an incident that occurred May 25. Ann. The law office represents clients throughout Tempe and the surrounding areas of Arizona, including Mesa, Gilbert, Phoenix, Chandler, Scottsdale and East Valley. We are a private law firm not affiliated with any city, state, or county agency. Serious physical injury requires more than a temporary impairment, even if it is substantial. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process. Although a gun or knife is considered a deadly weapon, a baseball bat is considered a dangerous instrument. However, being accused of a crime does not necessarily mean you will be convicted. Deadly weapon or dangerous instrument when the victim is a child who is under 15 years of age; Serious physical injury when the victim is a child who is under 15 years of age. 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. <> If you commit aggravated assault with a deadly weapon against a peace officer, prosecutor or someone under 15 years of age, the special circumstances of the crime mean you will be charged with a class 2 felony. A dangerous instrument is anything that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. It refers to a wide range of objects that can inflict death or great bodily harm. Library, Bankruptcy This includes aggravated assault with a deadly weapon or dangerous instrument and aggravated assault causing serious physical injury. These aggravated assault charges could lead to years in prison, steep fines or both. v. Varsity Brands, Inc. 30 Apr 2023 06:10:04 An aggravated assault with a deadly weapon in Arizona will be charged with a Class 3 felony, which can include include 5 years minimum of incarceration, and a While the state of Arizona considers assault itself a misdemeanor, the addition of a deadly weapon can up the charge to aggravated assault, which is a 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 may not be the same place you live). (Ariz. Rev. 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 contact form sends information by non-encrypted email, which is not secure. 30 Apr 2023 06:10:04 The act of inflicting bodily harm on someone, or causing them to fear bodily harm is considered a crime in the U.S., regardless of whether actual physical harm occurs. Your The intended use of these items is not to cause death or serious physical injury. You can also be fined up to $150,000 (Ariz. Rev. 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. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. The penalties associated with aggravated assault on a police officer vary based on several different factors, including whether or not the victim was injured and if a weapon was used in the offense. The jury ultimately convicted Ewer of second-degree murder involving a firearm, disorderly conduct involving a firearm, and discharge of a firearm within city limits. What type of felony is aggravated assault? An aggravated assault is an assault for which the perpetrator faces more severe punishment because of the severity of the crime. WebFor instance, an aggravated assault involving a dangerous weapon or resulting in serious bodily harm (like broken bones) might carry a 10-year sentence. Victims Status or Victims Helplessness. 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. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR VSP News Release-Incident . A police officer does not have to be engaged in their official duties to make an assault an aggravated assault. This would be true, even though he did not make a physical attempt to hit or shoot John, because he made a threat with a weapon, causing John to reasonably believe he would be harmed. When an officer is the victim of an assault crime, the offense automatically is considered aggravated assault. This means that even if you have no prior criminal history, you cannot be placed on probation and must be sentenced to 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. & We can help with a clearly defined defense strategy. The prosecution must prove that you committed an assault and that you used a simulated deadly weapon. Additional penalties and consequences of aggravated assault often include an order to attend an anger management program, and to make restitution to the victim. Ann. There was a problem with the submission. Aggravated assault; classification; definitions 5 A. Sometimes assault charges are filed against people who were merely defending themselves. 22.02. Because there is a recommended range that the judge must sentence you within, a good defense attorney will argue for the lowest prison sentence possible. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR http://dlvr.it/SnJ4y2. But he alleged the couple stepped over the line on April 5. Contact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. We offer a confidential and free consultation in order to address your questions and map out a defense to your case. This carries with it a potential prison term of up to one year and fines of $2,500. Please call the criminal court clerk to confirm arraignment time. Additionally, any prior criminal history can also result in harsher sentencing. the court. 13-1204, 13-701, 13-801). 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. Kim Tatman Turner, 47, of Beaumont was indicted for aggravated assault with a deadly weapon for an incident that occurred May 25. If any of these circumstances apply, the charge becomes a first-degree felony. 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. Assault by itself is a misdemeanor in Arizona. Stat. WebAggravated assault is an attack, with or without a weapon, resulting in serious physical injury, such as broken bones, lost teeth, or internal injuries. 13-1203, 13-1204.). ARS 13-1204 is the law that defines how aggravated assault is classified in Arizona. The law office represents clients throughout Tempe and the surrounding areas of Arizona, including Mesa, Gilbert, Phoenix, Chandler, Scottsdale and East Valley.

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