The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. Ector County Felony Dispositions & Indictments: April 28, 2023 Alternatively, a switchblade is a deadly weapon; and, possession of a switchblade is illegal in some, but not all, states. This is punishable by between 7 and 21 years in prison, and you can also be fined up to $150,000 (Ariz. Rev. If there are any mitigating or aggravating circumstances, then the judge can go down to 2 years in prison and go up to 8.75 years in prison. 9 3. Consequences of aggravated assault charge can impact a persons life tremendously, as this type of conviction remains on a persons record where it may hinder future employment or housing opportunities. Victims Status or Victims Helplessness. 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. Therefore, if you are facing felony charges of any kind, it is extremely important to retain a competent, aggressive defense attorney who will fight diligently for your legal rights, like Laboy Lawaggravated assault attorney in Phoenix. 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. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. 13-3601 and you strangled or suffocated the victim, then the aggravated assault is classified as a Class 4 Felony and Domestic Violence Offense. 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. This means that the prosecution must first prove that you: B. Aggravator. 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. Although assault can be a misdemeanor, if it involves a dangerous instrument or deadly weapon, it is automatically considered a felony instead. 13-1204 Defined. 30 Apr 2023 06:10:04 Read more under Penalties for Aggravated Assault. Pursuant to ARS 13-1204(a)(2) an aggravated assault can happen where a person recklessly causes injury with a 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. HOUSE BILL 2089 If you have prior felony convictions and the prosecution is able to prove them, then you face even more prison time. 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. WebIf any Aggravated Assault is committed while using a deadly weapon or dangerous instrument then the mandatory range of punishment on a first offense class three (3) It also could apply if a person takes control of another implement being used by a police officer. If the prosecution proves that the aggravated assault was a dangerous offense, then you cannot be placed on probation and the aggravated assault sentence must include prison. Whereas you must be sentenced to prison if you used a deadly weapon, you are eligible for probation if the weapon is considered to be a simulated deadly weapon (for a first-time offense). Regardless of the way in which you have been accused of aggravated assault, you are facing serious felony charges. Misdemeanor assault with a deadly weapon can be punished by up to a year in jail, whereas the felony crime can be punished by up to four years in prison. The person wielding the gun has potentially committed the crime of assault with a deadly weapon. Common examples of deadly weapons include brass knuckles, handguns, and swords. 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 intended use of these items is not to cause death or serious physical injury. This includes relationships such as: You and the victim are married or were married; You and the victim are roommates or were roommates; You and the victim have a child together; You or the victim are pregnant by each other; The victim is your or your spouses parent, grandparent, child, grandchild, brother, or sister (by blood or adoption); The victim is your stepparent, step-grandparent, stepchild, step-grandchild; You and the victim are, currently, or were previously in a romantic or sexual relationship. Eleventh Circuit Upholds Armed Career Criminal Sentence And Aggravated Assault with a Deadly Weapon Temporary but substantial injury when the victim is an officer or prosecutor; Victim is a police officer (and received any physical injury); Strangulation or suffocation with a domestic violence relationship. 1 An assault under section 13-1203 becomes an aggravated assault under section 13- 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. The legal definition of what constitutes a deadly weapon is intentionally broad. 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. Braiden Stout, pleaded guilty to aggravated assault with a deadly weapon, two counts aggravated robbery. 13-1204, but also the crime of dangerous or However, if the offense causes serious physical injury to an officer or if the offender uses a deadly weapon or dangerous instrument, it would be considered a Class 2 felony. Prosecutor, public defender, or judicial officer. Aggravating Factors and Variations, Assault: Legal Definition, Elements, Examples, Charges, Penalties and Defenses. A police officer does not have to be engaged in their official duties to make an assault an aggravated assault. Some assaults are upgraded to aggravated assault based on the identity of the victim. . This article specifically addresses assault with a deadly weapon. If the person uses a deadly weapon or dangerous instrument. Penalties include seven (and up to 21 years) in prison, a fine up to $150,000, or both. The prosecution must prove that you committed an assault and that you used a deadly weapon or dangerous instrument. On appeal, Ewer argued that the trial court erred in modifying the justification instructions to generically use the word person rather than defendant. A dangerous offense is a crime that involved the use of a deadly weapon or dangerous instrument; or the intentional or knowing infliction of serious physical injury on another person. Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. The exception is when the victim is a police officer. While both types of assault are serious, aggravated assault convictions carry very harsh punishments. Bob swings his fist at Johns face but misses, and John sprints away in fear. Assault with a Deadly Weapon in Arizona Law, Intellectual Dismissed. 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. HOUSE BILL 2089 James Novak is dedicated to helping his clients, no matter how tough the charges appear. A.R.S. 13-751(F)(2) - azcourts.gov No information provided, e-mail inquiry generated, or reply from our firm through this website establishes an attorney-client relationship. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. Simple Assault. It refers to a wide range of objects that can inflict death or great bodily harm. If you are facing assault charges, dont fight it alone. In a domestic assault, it is not necessary for a weapon to be used to achieve a charge of aggravated domestic assault. However, being accused of a crime does not necessarily mean you will be convicted. Additionally, you cannot have your gun rights restored. A person who was tied up or whose ability to resist was substantially impaired. Vehicular Aggravated Assault Simple 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. Aggravated assault can range from the most serious classification of a Class 2 Felony to the least serious classification of a Class 6 Felony. Click here. In addition to imprisonment and the other common penalties for committing aggravated assault, a person convicted of aggravated sexual assault will be required to register with the states sex offender registration and notification program, which will cause life-long consequences for the offender. There was a problem with the submission. with honors from the University of Texas in 2014. Temporary has been defined to mean lasting for a limited time. The types of aggravated assault offenses defined above that are Class 5 Felonies include assaults that are aggravated by the following factors: The judge could place you on probation, with anywhere from 0 days in jail to 12 months in jail. Ann. This includes vulnerable victims and victims who hold certain positions in societysuch as an officer or a health care provider. Estate It also depends on whether there are special allegations to the aggravated assault, such as it being a dangerous offense or a dangerous crime against children. Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. WebFor instance, an aggravated assault involving a dangerous weapon or resulting in serious bodily harm (like broken bones) might carry a 10-year sentence. 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. St. Johnsbury Barracks/ Aggravated Assault with a Deadly Weapon/ Aggravated Disorderly Conduct/ VCOR http://dlvr.it/SnJ4y2. 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. Depending on the charge, your potential sentence also varies greatly. What is more, the judge can choose to find aggravating factors involved in the crime. Another example of a simulated deadly weapon is a nasal inhaler used to simulate the barrel of a gun pressed to the victims body. 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. Stat. You owe it to yourself to ensure that you employ the most effective aggravated assault possible. Do Not Sell or Share My Personal Information, intentionally, knowingly, or recklessly cause a physical injury to another person, intentionally place another person in reasonable apprehension of imminent physical injury, or. Some courts rule assault with a deadly weapon as an aggravated assault. Punishment for aggravated assault may include a fine of as much as $10,000, and imprisonment for many years. Aggravated assault; classification; definitions 5 A. 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. 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 In Arizona, assault with a deadly weapon is considered aggravated assault. Law, Insurance John Casp on Twitter: "RT @UltraDane: 4 thugs arrested for The law recognizes the sanctity of a persons home. Although a gun or knife is considered a deadly weapon, a baseball bat is considered a dangerous instrument. Initial reports indicated one of the individuals involved had been stabbed with a knife. RT @UltraDane: 4 thugs arrested for mass shooting at prom party in Jasper County, Texas. 13-1204, 13-701, 13-801.). 29 Apr 2023 23:06:19 We serve clients throughout Arizona including those in the following localities: Maricopa County including Ahwatukee, Apache Junction, Chandler, Fort McDowell, Fountain Hills, Gilbert, Guadalupe, Mesa, Phoenix, Queen Creek, Scottsdale, Sun Lakes, and Tempe; and Arizona State University Campuses in Maricopa County. ARS 13-1204 Aggravated Assault - Arizona Law Use of a Weapon Use of a weapon during the act of assault constitutes aggravated assault. 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. 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. A simple assault becomes an aggravated assault when the assault is committed against certain people who the law considers as worthy of special protection. Felony Assault Lawyers: Is Assault and Battery a Felony? The felony classification of aggravated assault depends on which factor aggravates the assault. If you have been charged with assault you are probably frightened of what may happen and unsure of what to do next. A. So, whether temporary but substantial disfigurement was caused will depend on the facts of a case and will be up to a jury to decide. Kim Tatman Turner, 47, of Beaumont was indicted for aggravated assault with a deadly weapon for an incident that occurred May 25. Ann. Contacting an experienced defense attorney is a safe and smart first move to ensure your best interests will be represented throughout the criminal process. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? We and our partners use cookies to Store and/or access information on a device. Aggravated assault Web13-2904.Disorderly conduct; classification. This includes aggravated assault with a deadly weapon or dangerous instrument If the person causes serious physical injury to another. Bob may be charged with simple assault as he caused John to reasonably fear that he would suffer bodily harm if he remained. AGE: 45 James Novak has more than a decade of experience of providing solid legal counsel throughout Arizona. But this is not necessarily true if the gun is only temporarily inoperable. Deadly weapons include such weapons as guns and knives, but other instruments can be considered deadly if they are used to threaten or attack someone. If injury occurs, it is a Class 4 felony. Additionally, assault with a deadly weapon is considered to be a felony crime in most states because it is a crime that involves violence. Felony endangerment involves the risk of imminent death. Please contact the public information officer if you need access to one that is older. 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. Victim is a person who was tied up or whose ability to resist was substantially impaired. Headquarters | 45 State Drive | Waterbury, VT 05671 | 802-241-5000, RANK/TROOPER FULL NAME: Trooper Kyle Fecher, VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release. By using first- through fourth-degree classifications, the judicial system is able to take into account the exact nature of the offense. Contact The Law Office of James E. Novak at (480) 413-1499 for a consultation about your charges. WebA.R.S. DHS placed the respondent into removal proceedings and charged him with Sentenced to 40 years Texas Department of 13-1204, 13-701, 13-704, 13-801.). He can help you examine the facts of your particular case and work to get the charges reduced or dropped. Aggravated Assault in Arizona (A.R.S. 13-1204) | DM Cantor Information About Aggravated Assault on an Officer. Aggravated assault with a simulated deadly weapon is a Class 3 Felony. Jane scratches the man causing him to lose focus, and she uses the opportunity to run away to safety. Carol Donaldson on Twitter: "RT @UltraDane: 4 thugs arrested VIOLATION: Aggravated Assault with a Deadly Weapon, Aggravated Disorderly Conduct, Violations of Conditions of Release ACCUSED: Anthony Saucer We've helped 95 clients find attorneys today. Additional penalties and consequences of aggravated assault often include an order to attend an anger management program, and to make restitution to the victim. Felony disorderly For an assault to be assault with a deadly weapon, the perpetrator must use a deadly weapon or dangerous instrument to: (Ariz. Rev. Simply put, to aggravate a crime means to make the crime more serious. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This includes when a victim is sleeping. 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. v. Varsity Brands, Inc. In Arizona, Aggravated Assault charged under ARS 13-1204 is a Class Four Felony, and in some cases with mandatory prison. Aggravated Assault If sentenced to prison, the judge starts by considering the presumptive term of 3.5 years in prison. An assault occurs when someone physically harms or wants to harm another person. 1 0 obj Examples of Class 3 felonies in Arizona include residential burglary, assault with a deadly weapon, and auto theft. ARIZONA 13-702, 13-1204, 13-1507, 13-1814 (2022).) ARS 13-1204(A)(8) defines an officer to be any one of the following who is engaged in official duties: A person also could be charged with aggravated assault if he or she attempts to or succeeds in taking control of a peace officer's firearm or any other sort of weapon. Class 5 felonies could carry up to two years and six months in prison, and a Class 4 felony could carry up to three years and nine months in prison. 13-705 that is committed against a child who is under 15 years of age. 13-1204, 13-701, 13-704, 13-801). As well as: Like us on Facebook to earn 3 free Arizona DUI eBooks written by James E. Novak. 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 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. 2 0 obj In these cases, the aggravated assault with a deadly weapon Texas sentence can carry 5-99 years (or life) in prison and a fine of up to $10,000 if convicted. For legal advice, please call Laboy Law Phoenix Criminal Attorney at 602-777-3368. The seriousness of the felony is also bumped up when the victim is a prosecutor and any physical injury results. Disclaimer: We are not a government agency. The perpetrator uses, threatens or shows a weapon during the act, The perpetrator permanently disfigures the victim, The perpetrator shows blatant disregard for human life during the act. This was intentional, in order to avoid as many loopholes as possible. A deadly weapon is anything designed for lethal use, including a firearm, even if it's unloaded. If the victim dies at a later time as a result of the aggravated assault, the judicial system may upgrade the charge to murder or manslaughter.