Domestic Violence and non Domestic Violence assault cases alike are subject to the same Arizona Statute which elevates the offense to an aggravated assault. Once an assault is enhanced as an aggravated assault, the offense becomes a felony. Because there are so many potential elements that could transform an assault into an aggravated assault, ranging from the use of a deadly weapon or dangerous instrument to the existence of a restraining order held by the victim against the defendant, aggravated assault can be classified as either a dangerous felony or a non dangerous felony. Any aggravated assault charge requires the involvement of a skilled Domestic Violence Attorney who knows how to maximize you chances of avoiding a conviction.
One of the most common dangerous domestic violence offenses charged in Phoenix is an aggravated assault based on an allegation that the accused pointed a gun, or a knife at the alleged victim or otherwise placed them in apprehension of injury. These types of offenses can be very difficult to defend and can be prosecuted with only the testimony of the alleged victim – even without any physical evidence corroborating the accusations.
Arizona Revised Statute 13-1204 lists all of the factors that allow an assault to be charged as an aggravated assault in Phoenix, Arizona. Depending on what type of aggravated assault is charged, the severity of the offense can range from a dangerous class two felony (for example, by using a deadly weapon or dangerous instrument against a police officer) all the way down to a non-dangerous class six felony (for example, if the victim has a valid restraining order against the defendant). When an aggravated assault is charged as a class six felony, the offense can be subject to Arizona Revised Statue 13-702(g) which, under certain limited circumstances, allows the court to designate the offense a misdemeanor. Because many Phoenix domestic violence aggravated assault cases are charged as a class six felony, it is important that you have an experienced Domestic Violence Defense attorney who knows how to identify cases that can be reduced to misdemeanors and fight for you to avoid having a felony on your record.
Aggravated Assault can be charged when any of the following factors are met. In the event two or more of these “aggravators” are present, Phoenix prosecutors typically charges an additional count for each way in which the assault is aggravated:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If 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.
4. If 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.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
7. 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.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer or a person summoned and directed by the officer.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer’s or other officer’s firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, “implement” means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
B. A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.
When charged or arrested for domestic violence aggravated assault, it is critical that you consult a seasoned Phoenix aggravated assault attorney immediately. An experienced Phoenix domestic violence aggravated assault defense lawyer like Joshua S. Davidson will fight for you and put his experience as a former felony prosecutor to work for you. He will seek the best possible outcome for your case and vigorously fight to protect your rights.
Joshua S. Davidson is an aggressive domestic violence defense lawyer who represents clients charged with aggravated assault in Phoenix, Arizona. Contact him today.
