What Happens After an Aggravated Assault Arrest in Arizona?
Being arrested for aggravated assault in Arizona can put someone in a serious legal situation very quickly. Unlike simple assault, aggravated assault is a felony, and depending on the allegations, a conviction can potentially expose a person to years in prison.
But an arrest is not a conviction.
After an aggravated assault arrest, prosecutors still have to determine what charges to pursue, and the State must ultimately prove the elements of the charged offense beyond a reasonable doubt. Important issues may include what actually happened, whether the alleged victim suffered the type of injury claimed, whether a weapon was used, whether the defendant acted intentionally, knowingly, or recklessly as required by the underlying charge, and whether the defendant acted in lawful self-defense.
The exact consequences also depend heavily on why the assault is considered aggravated. Arizona's aggravated-assault statute, A.R.S. § 13-1204, covers a wide range of conduct and classifications—from certain Class 6 felonies to serious Class 2 and Class 3 felonies.
If you or a family member has been arrested for aggravated assault in Phoenix, Mesa, Gilbert, Chandler, Scottsdale, Tempe, or elsewhere in Arizona, understanding what happens next can help you avoid decisions that may make the case more difficult to defend.
Quick Answer: After an aggravated assault arrest in Arizona, the defendant will generally be booked and brought before a judge for an initial appearance, where release conditions may be addressed. The case may then proceed through felony charging, arraignment, disclosure, pretrial conferences, plea negotiations, motion practice, and potentially a jury trial. Aggravated assault can range from a Class 6 to a Class 2 felony depending on the circumstances, and allegations involving a deadly weapon or dangerous instrument may trigger Arizona's significantly harsher dangerous-offense sentencing laws.
What Is Aggravated Assault in Arizona?
Arizona's aggravated-assault law is found in A.R.S. § 13-1204.
Generally, the State must first establish an underlying assault under A.R.S. § 13-1203 and then prove one of the circumstances that elevates that assault to aggravated assault.
Under Arizona law, an assault can generally involve:
Intentionally, knowingly, or recklessly causing physical injury;
Intentionally placing another person in reasonable apprehension of imminent physical injury; or
Knowingly touching another person with the intent to injure, insult, or provoke.
An assault can then become aggravated assault because of the severity of the injury, use of a weapon, identity or status of the alleged victim, circumstances surrounding the assault, or other factors identified in A.R.S. § 13-1204.
What Makes an Assault "Aggravated" in Arizona?
There are numerous ways an ordinary assault allegation can become aggravated assault.
Under the current version of A.R.S. § 13-1204, circumstances include allegations that a person:
Caused serious physical injury;
Used a deadly weapon or dangerous instrument;
Caused a fracture, temporary but substantial disfigurement, or temporary but substantial impairment or loss of a body organ or part;
Assaulted someone who was bound, physically restrained, or whose ability to resist was substantially impaired;
Entered another person's private home intending to commit the assault;
Was at least 18 and assaulted a child under 15;
Committed certain assaults while violating an applicable order of protection;
Assaulted certain protected persons while the statutory requirements were met;
Attempted to take control of certain weapons or implements from a first responder or other qualifying officer;
Used a simulated deadly weapon; or
Committed certain assaults with the aid of two or more accomplices.
Arizona also has a specific aggravated-assault provision involving impeding another person's breathing or blood circulation in certain domestic relationships, sometimes referred to as strangulation or suffocation.
Because the statute covers so many different situations, two people both charged with "aggravated assault" can face dramatically different cases and potential sentences.
What Happens Immediately After an Aggravated Assault Arrest?
After an arrest, police may transport the person to jail for booking.
Law enforcement may also continue collecting evidence, which could include:
Photographs of injuries;
Medical records;
Body-camera footage;
911 recordings;
Witness statements;
Surveillance video;
Cell-phone videos;
Text messages and social-media communications;
Weapons;
Clothing;
DNA or other physical evidence; and
Statements made by the defendant.
One of the biggest mistakes someone can make after an arrest is assuming that explaining the situation to police will automatically resolve it.
Statements made after an incident can become evidence. Even a person who believes they acted in self-defense can potentially create problems by giving an inaccurate timeline, guessing about facts, minimizing conduct shown on video, or making statements inconsistent with other evidence.
A defendant has the right to remain silent and the right to consult with an attorney.
What Happens at the Initial Appearance?
After being taken into custody, the defendant will generally appear before a judicial officer for an initial appearance.
This is not a trial.
The judge is not deciding whether the defendant is guilty of aggravated assault.
Instead, issues at the initial appearance can include:
Advising the defendant of the allegations;
Addressing probable cause;
Appointing counsel when appropriate;
Establishing future court dates; and
Determining release conditions.
Release can be especially important in an aggravated-assault case because the court may consider the seriousness of the allegations, criminal history, ties to the community, risk of failing to appear, alleged danger to the victim or community, and other legally relevant circumstances.
Arizona law identifies the purposes of bail and release conditions as including ensuring the defendant's appearance, protecting against witness intimidation, and protecting the safety of the alleged victim, other people, and the community.
Can You Be Released After an Aggravated Assault Arrest?
Potentially, yes.
An aggravated-assault arrest does not automatically mean the defendant will remain in jail until the case is resolved.
Depending on the circumstances, a judge may order release on recognizance, require a secured financial condition, or impose other release conditions.
Those conditions can potentially include restrictions such as:
No contact with the alleged victim;
Staying away from a particular residence;
Not possessing firearms or other weapons;
Restrictions involving alcohol or drugs;
Pretrial supervision; or
Other conditions intended to address appearance or safety concerns.
The precise release decision is case-specific.
What If the Alleged Victim Lives With the Defendant?
This can become particularly important when the aggravated assault is alleged to involve domestic violence.
The court may impose a no-contact condition or restrictions preventing the defendant from returning to a shared residence.
A defendant should take those restrictions seriously even if the alleged victim wants contact.
The alleged victim cannot personally override a judge's release order.
Violating release conditions can create additional legal problems and may lead to the defendant being taken back into custody.
What Happens After the Initial Appearance?
Aggravated assault is prosecuted as a felony in Arizona, so the case generally proceeds through the felony court process.
Depending on how prosecutors initiate the case, felony charges may proceed through a grand jury indictment or through a complaint followed by a preliminary hearing.
The purpose at this stage is not necessarily to determine guilt beyond a reasonable doubt. The case is moving through the charging and probable-cause stages toward arraignment and further litigation.
After formal charges are filed, the case can proceed through several stages.
Arraignment
At an arraignment, the defendant is formally advised of the charge and enters a plea—commonly not guilty at this early stage.
A not-guilty plea preserves the defendant's ability to review the evidence, investigate defenses, litigate legal issues, negotiate with prosecutors, and proceed to trial if the case is not otherwise resolved.
Disclosure and Investigation
The defense then obtains and reviews the State's disclosure.
In an aggravated-assault case, that could include:
Police reports;
Body-camera recordings;
Photographs;
911 calls;
Medical records;
Witness interviews;
Surveillance footage;
Forensic reports;
Weapons evidence;
Digital evidence; and
Defendant statements.
This stage can be critical.
What initially sounds like a straightforward assault allegation may look considerably different after the defense reviews the complete evidence.
What Are the Penalties for Aggravated Assault in Arizona?
There is no single penalty for aggravated assault.
Under the current version of A.R.S. § 13-1204, aggravated assault can be classified as a Class 2, Class 3, Class 4, Class 5, or Class 6 felony, depending on the subsection and circumstances.
Some common examples include:
Allegation:
Serious physical injury
Class 3 felony
Deadly weapon or dangerous instrument
Class 3 felony
Fracture or temporary but substantial disfigurement/impairment
Class 4 felony
Certain domestic-violence strangulation/suffocation allegations
Class 4 felony
Certain assaults while victim is restrained
Class 6 felony
Assault after entering another's private home intending to assault
Class 6 felony
Adult assaulting child under 15 under applicable subsection
Class 6 felony, although more serious injury/weapon circumstances can trigger higher classifications
Serious physical injury or deadly-weapon aggravated assault against a qualifying first responder
Class 2 felony
There are additional classifications and exceptions, particularly involving protected victims such as first responders, law-enforcement employees, prosecutors, and others. The specific subsection charged should always be examined rather than relying solely on the words "aggravated assault."
How Much Prison Time Can You Get for Aggravated Assault in Arizona?
This depends on much more than the felony classification.
For a first felony offense that is nondangerous and does not have a special sentencing provision, Arizona's current presumptive prison terms under A.R.S. § 13-702 include:
Class 2 Felony
Presumptive Prison Term: 5 years
Class 3 Felony
Presumptive Prison Term: 3.5 years
Class 4 Felony
Presumptive Prison Term: 2.5 years
Class 5 Felony
Presumptive Prison Term: 1.5 years
Class 6 Felony
Presumptive Prison Term: 1 year
The statute also contains mitigated, minimum, maximum, and aggravated terms. Prior felony convictions can change the sentencing framework substantially.
However, these ordinary sentencing ranges should not be applied automatically to every aggravated-assault case.
One of the most important questions is whether the State alleges a dangerous offense.
What Is a Dangerous Aggravated Assault?
Arizona treats certain felonies as dangerous offenses.
This is particularly important in aggravated-assault cases involving a deadly weapon or dangerous instrument or qualifying serious physical injury.
For a first dangerous felony conviction under A.R.S. § 13-704, the current prison ranges include:
Class 2: 7 to 21 years, with a 10.5-year presumptive term;
Class 3: 5 to 15 years, with a 7.5-year presumptive term;
Class 4: 4 to 8 years, with a 6-year presumptive term;
Class 5: 2 to 4 years, with a 3-year presumptive term; and
Class 6: 1.5 to 3 years, with a 2.25-year presumptive term.
Prior dangerous felony convictions can increase those ranges significantly.
This is why an aggravated-assault charge involving a gun, knife, vehicle, or other alleged dangerous instrument should be evaluated carefully. The dangerousness allegation can be as important to potential sentencing exposure as the underlying felony classification.
Can You Get Probation for Aggravated Assault in Arizona?
Sometimes, but not in every case.
Probation eligibility depends on the exact charge, whether the offense is alleged and proven to be dangerous, criminal history, special sentencing statutes, and other circumstances.
A nondangerous aggravated-assault conviction may potentially allow probation when Arizona law does not otherwise prohibit it.
A dangerous-offense allegation can fundamentally change that analysis because A.R.S. § 13-704 provides mandatory prison sentencing for qualifying dangerous felony convictions.
For that reason, someone should not assume either that:
"Aggravated assault always means prison,"
or that:
"A first offense will automatically get probation."
Both statements are too broad.
What If a Gun or Knife Was Involved?
The presence of a weapon can dramatically change an Arizona assault case.
A.R.S. § 13-1204 makes an assault aggravated when the defendant uses a deadly weapon or dangerous instrument. That form of aggravated assault is ordinarily a Class 3 felony, subject to higher classifications in certain protected-victim situations.
It may also be treated as a dangerous offense for sentencing purposes.
But the mere presence of an object at the scene does not necessarily resolve the legal question.
The defense may examine:
What the object actually was;
Whether the defendant possessed it;
Whether it was actually used during the assault;
How it was allegedly used;
Witness descriptions;
Video evidence;
Physical evidence; and
Whether the defendant's conduct was legally justified.
What If the Alleged Victim Was Seriously Injured?
An assault causing serious physical injury can constitute aggravated assault under A.R.S. § 13-1204(A)(1) and is generally a Class 3 felony, subject to enhanced classifications in certain cases involving protected victims or young children.
Arizona law distinguishes serious physical injury from lesser injuries.
This means medical evidence can become extremely important.
The defense may need to examine:
Emergency-room records;
Imaging;
Surgical records;
Physician notes;
Photographs;
Duration of the injury;
Long-term impairment; and
Whether the medical evidence actually satisfies the statutory definition relied upon by the prosecution.
An injury can look dramatic without necessarily satisfying every statutory requirement alleged by the State. Conversely, some injuries may be legally serious even if they are not visually dramatic.
Can Aggravated Assault Be Domestic Violence?
Yes.
"Domestic violence" is not necessarily a separate underlying assault offense in Arizona. Rather, certain crimes—including assault and aggravated assault—can receive a domestic-violence designation when the required relationship under A.R.S. § 13-3601 exists.
Examples can include certain relationships involving:
Current or former spouses;
People who live or previously lived together;
People who have a child together;
Certain family relationships; and
Qualifying current or former romantic or sexual relationships.
Arizona's aggravated-assault statute also specifically addresses intentionally or knowingly impeding normal breathing or blood circulation through pressure to the throat or neck or obstruction of the nose and mouth when one of the specified domestic relationships exists. That offense is classified as a Class 4 felony under the current statute.
Domestic-violence allegations can create additional consequences beyond the ordinary felony case.
What Are Possible Defenses to Aggravated Assault?
The best defense depends entirely on what happened and what the State can prove.
Several issues frequently arise in Arizona aggravated-assault cases.
Self-Defense
Arizona recognizes justification defenses, including self-defense, when the statutory requirements are met.
An aggravated-assault case may arise from a fight or confrontation where the defendant claims the other person initiated the violence.
The defense may investigate:
Who was the initial aggressor;
What threats were made;
Relative size and strength;
Whether weapons were present;
Injuries to both parties;
Witness testimony;
Video recordings;
911 calls; and
What the defendant reasonably perceived at the time.
Self-defense cases are often highly fact-specific.
Defense of Another Person
In some circumstances, a person may be justified in using force to protect someone else.
For example, an aggravated-assault allegation may arise after someone intervenes in a fight involving a spouse, child, friend, or stranger.
The defense should examine the circumstances from the perspective required by Arizona's justification statutes rather than simply focusing on which person ultimately suffered the more serious injury.
The State Cannot Prove the Required Mental State
Different forms of assault require different mental states.
The prosecution may need to establish that particular conduct was intentional, knowing, or reckless, depending on the charged theory.
An accident is not automatically a criminal assault simply because someone was injured.
The defendant's mental state can therefore become a major issue.
The Injury Does Not Support the Charged Level of Aggravated Assault
The State may allege that an injury constitutes a fracture, substantial impairment, substantial disfigurement, or serious physical injury.
Medical evidence may need to be examined carefully to determine whether the injury actually satisfies the statutory aggravating factor alleged.
This can affect not only guilt but potentially the felony classification and sentencing exposure.
The Object Was Not Used as Alleged
When a dangerous instrument is alleged, the manner in which an object was used can matter.
The defense may dispute whether:
The defendant possessed the object;
The defendant actually used it;
The object qualifies under the applicable statutory definition;
Witnesses accurately perceived what happened; or
The object was used defensively rather than unlawfully.
Mistaken Identity or False Accusation
Some aggravated-assault cases arise in chaotic environments involving multiple people.
Witnesses may have consumed alcohol, observed only part of the incident, or simply identified the wrong person.
Surveillance footage, cell-phone video, location data, physical evidence, and independent witnesses can become especially important in those cases.
The Defendant Did Not Commit the Underlying Assault
Aggravated assault generally requires an underlying assault.
If the State cannot establish the required elements of that assault, the aggravated-assault charge can fail regardless of the alleged aggravating circumstance.
What Evidence Is Important in an Aggravated Assault Case?
Evidence can disappear quickly.
A defense investigation may involve preserving or obtaining:
Surveillance video;
Cell-phone recordings;
Photographs of the scene;
Photographs of the defendant's injuries;
911 calls;
Body-camera recordings;
Text messages;
Social-media messages;
Medical records;
Witness information;
Weapons evidence; and
Location or digital records.
One particularly important issue is evidence of injuries to the defendant.
If police assume one person was the aggressor, injuries suffered by the person arrested may receive less attention at the scene. Those injuries can sometimes be highly relevant to a claim of self-defense.
Can the Alleged Victim Drop Aggravated Assault Charges?
The alleged victim generally does not control whether criminal charges continue.
Once police and prosecutors become involved, the criminal case is brought by the government.
An alleged victim can communicate with prosecutors and may have rights under Arizona law, but simply saying "I don't want to press charges" does not automatically dismiss an aggravated-assault case.
Prosecutors may attempt to proceed using other evidence, including:
911 calls;
Body-camera footage;
Photographs;
Medical records;
Other witnesses;
Defendant statements; and
Physical evidence.
Likewise, a defendant should not pressure an alleged victim to change a statement or stop cooperating. Doing so can create serious additional problems, particularly if a no-contact order or other release restriction exists.
Can an Aggravated Assault Charge Be Reduced?
Potentially.
The fact that someone was arrested or initially charged with aggravated assault does not mean that is necessarily the offense that will ultimately resolve the case.
Depending on the evidence, criminal history, defenses, mitigation, and negotiations, a case could potentially result in:
Dismissal;
Reduction to a different felony;
Reduction to misdemeanor assault;
Removal of a dangerousness allegation;
A negotiated plea to another offense; or
Trial.
No particular outcome can be guaranteed.
For serious aggravated-assault cases, however, the difference between the original allegation and a negotiated charge can dramatically affect sentencing exposure.
Will an Aggravated Assault Case Go to Trial?
Not necessarily.
Many criminal cases resolve before trial, but a defendant retains the right to require the State to prove the charge at trial unless that right is knowingly waived.
Before trial, the defense may:
Conduct investigation;
Interview witnesses;
Consult experts;
Challenge evidence;
File motions;
Litigate admissibility issues;
Present mitigation;
Negotiate with prosecutors; and
Evaluate plea offers.
Whether accepting a plea or proceeding to trial is appropriate depends on the evidence, available defenses, sentencing exposure, plea terms, and the defendant's own decisions after receiving legal advice.
How Long Does an Aggravated Assault Case Take in Arizona?
There is no universal timeline.
A relatively straightforward case may move more quickly than a case involving serious injuries, numerous witnesses, expert testimony, forensic evidence, extensive motion practice, or a lengthy trial.
Felony cases can take months, and complicated cases can take considerably longer.
Someone charged with aggravated assault should generally focus less on resolving the case as quickly as possible and more on making sure the evidence and potential defenses are properly investigated before making a decision with long-term consequences.
Frequently Asked Questions About Arizona Aggravated Assault
Is aggravated assault always a felony in Arizona?
Yes. Under the current version of A.R.S. § 13-1204, aggravated assault is classified as a felony, but the classification varies considerably depending on the circumstances. It can range from a Class 6 felony to a Class 2 felony.
Is aggravated assault a Class 3 felony in Arizona?
Sometimes. Aggravated assault involving serious physical injury or use of a deadly weapon or dangerous instrument is generally a Class 3 felony, but other aggravated-assault theories have different classifications.
Can you get probation for aggravated assault in Arizona?
Potentially, depending on the specific conviction and sentencing statutes. Some nondangerous offenses may permit probation, while qualifying dangerous offenses are subject to mandatory prison sentencing under A.R.S. § 13-704.
How much prison time can you get for aggravated assault with a deadly weapon?
The answer depends on the felony classification, dangerousness allegation, prior convictions, victim status, and other factors. Ordinary aggravated assault involving a deadly weapon or dangerous instrument is generally a Class 3 felony. A first Class 3 dangerous felony under A.R.S. § 13-704 carries a 5-to-15-year prison range, with a presumptive term of 7.5 years. Special circumstances can alter that analysis.
What if this is my first offense?
Having no prior felony convictions can significantly affect sentencing, but it does not automatically make an aggravated-assault case probation eligible. A first dangerous felony can still require prison.
Can aggravated assault charges be dismissed?
Yes, an aggravated-assault charge can potentially be dismissed, but dismissal depends on the evidence and circumstances. Potential issues can include self-defense, insufficient evidence, witness credibility, mistaken identity, legal challenges, or the State's inability to prove a required element.
What if both people were fighting?
That does not automatically determine the case. The defense may need to determine who initiated the confrontation, whether someone withdrew, whether the force used was justified, what each person reasonably perceived, and whether the State can disprove an applicable justification defense under Arizona law.
What if the alleged victim does not want prosecution?
The alleged victim generally cannot independently dismiss a criminal case. The prosecutor decides whether the State continues the prosecution.
Should I talk to police after an aggravated assault arrest?
A person accused of aggravated assault has the right to remain silent and to consult an attorney. Because statements can later be used as evidence, and aggravated assault can carry significant felony exposure, someone facing questioning should carefully consider obtaining legal advice before discussing disputed facts.
Contact Millar Law Today
An aggravated assault arrest can carry consequences that extend far beyond the initial arrest. Depending on the allegations, a person may face a serious felony conviction, mandatory prison exposure, restrictions on firearm rights, employment consequences, and a permanent criminal record.
But the accusation is only the beginning of the case.
At Millar Law, we represent people accused of aggravated assault and other serious criminal offenses throughout the Phoenix metropolitan area, including Gilbert, Mesa, Chandler, Scottsdale, Tempe, Phoenix, and throughout Arizona.
Our experienced criminal defense attorneys can examine the police reports, body-camera footage, witness statements, medical evidence, alleged weapon, self-defense issues, and other evidence to determine what defenses and options may be available.
If you or a loved one has been arrested or charged with aggravated assault in Arizona, contact Millar Law today to discuss your case with an Experienced Arizona Criminal Defense Attorney at 602-900-0545.
This article provides general information about Arizona criminal law and is not legal advice. Criminal charges, defenses, and sentencing consequences depend on the specific facts of each case and the law applicable at the time.
