Under Arizona criminal law (revised statues), assault charges range from misdemeanor assault to felony aggravated assault. The statutes for assault also include charges for endangerment and threatening.
A misdemeanor charge of assault can result from:
- physically injuring another person,
- intentionally placing another person in “reasonable apprehension of imminent physical injury”, or
- touching another person with them intent to injure, insult or provoke.
Any actual physical injury (#1) will result in a Class 1 misdemeanor charge for assault. A Class 1 misdemeanor has a maximum sentence of 6 months in jail and a $2500 fine.
The threat of injury (#2) will result in a Class 2 misdemeanor charge for assault. A Class 2 misdemeanor has a maximum sentence of 4 months in jail and a $750 fine.
Touching with intent to injur or provoke (#3) will result in a Class 2 misdemeanor charge for assault. A Class 3 misdemeanor has a maximum sentence of 30 days in jail and a $500 fine.
Aggravated Assault is a felony charge
Aggravating factors that may may an assault offense an aggravated assault include:
- any assault that results in a “serious physical injury”
- causes temporary but substantial disfigurement or fracture
- an assault using a deadly weapon
- if the victim is restrained or captive
- if the perpetrator is an adult, and the victim is a child 15 years old or younger.
- is committed after entering the private home of someone
- if the victim is a police officer, prison guard, firefighter, prosecutor, teacher, or medical professional.
An aggravated assault charge is a Class 3 Felony. Under Arizona law, a class 3 felony offense carries with it a penalty of 5-15 years in prison for a dangerous offense, for which an aggravated assault qualifies.
Second offense aggravated assault charges increase the severity to a possible prison sentence of 10-20 years.
Aggravated factors in under Arizona laws are extremely complicated. Please contact an attorney for a full understanding of the exact penalties you could be facing if found guilty of Aggravated Assault charges in Arizona.
ARS 13-1204 Aggravated Assault Statutes
Threatening / Intimidating Laws & Penalties
Threatening or intimidating word or conduct of a nature threatening to cause physical injury or property damage is a criminal offense.
Threatening laws also apply when causing serious public inconvenience, including action that causes evacuation of a public place or building.
Threatening or intimidating s a Class 1 misdemeanor offense.
Threatening a witness to a crime, or of the person threatening is a gang member, or acting as part of a criminal enterprise make the charge a Class 3 Felony offense.
ARS 13-1202 Threatening or Intimidation Statutes
Endangerment Laws & Penalties
Endangerment, or reckless endangerment is any behavior that creates a significant theat of physical harm by careless, reckless, or negligent action.
It is similar to an assault charge, but is not a willful of deliberate threat of harm.
An Arizona Endangerment Charge is a Class 1 Misdemeanor, punishable by up to 1 year in jail and a $2500 fine.
It is a Reckless Endangerment charge if the action causes a “substantial risk of immanent death”. A Reckless Endangerment Offense in Arizona is a Class 6 Felony.
A Class 6 felony offense carries with it a presumptive sentence of 1 year in prison (maximum 1 1/2 years).
ARS 13-1201 Endangerment Statutes