Aggravated assault with a deadly weapon is a crime involving a weapon that could result in another person’s serious injury or death. Attacking someone with a deadly weapon is considered a felony due to the intention of harm or death. As a result, anyone charged with aggravated assault with a deadly weapon could face a long prison sentence if convicted, depending on the circumstances of the case.
If you are facing these serious charges and their penalties, it is essential to consult with a lawyer who can represent you.
What Is Aggravated Assault With a Deadly Weapon?
According to Arizona’s Revised Statute 13-1204, aggravated assault is defined as:
- An attack that causes serious bodily harm to someone.
- An attack that causes temporary but severe disfigurement or loss or somehow impairs a body part or organ.
- An assault that takes place while the victim is restrained.
- An assault committed after entering a home uninvited and with intent to harm.
- An assault where the victim was 15 or younger.
Assault with a deadly weapon is legally defined as an assault involving:
- A weapon that is meant to be lethal, such as a firearm.
- Any dangerous instrument, which refers to any object that could be used to cause serious harm or death, either under threat or an attempt to use against another person.
There are many objects that could be considered deadly weapons, such as firearms, knives, explosives, brass knuckles, bricks, or blunt objects. Arizona law states that anything can become a deadly weapon when it is used for the purpose of causing physical harm or death.
For example, a baseball bat could be considered a deadly weapon if it is used to physically harm a person. A vehicle may also be a deadly weapon if the driver uses it to attempt to cause a person’s injury or death.
Penalties for Aggravated Assault With a Deadly Weapon
There are several potential penalties you may face if you are convicted of aggravated assault with a deadly weapon, and these can vary depending on the circumstances of your case. In Arizona, aggravated assault may be charged as a class 2, 3, 4, 5, or 6 felony. A class 2 felony is considered the most serious charge with the most severe consequences, while a class 6 felony is the least severe charge possible.
Penalties typically include:
- Prison Time – Prison sentences can vary depending on the class of felony charged. Aggravated assault with a deadly weapon without premeditated plans to injure is typically charged as a class 3 felony, with a prison sentence of 2 to 8.75 years. For class 2 felonies, which involve intention to injure or more serious circumstances, a prison sentence of 3 to 12.5 years may apply.
- Fines and Restitution – If convicted, you may also face hefty fines and possibly even restitution payments to cover the victim’s medical expenses, lost wages, and damages.
- Probation – Sometimes, a judge will sentence a defendant to probation rather than time in prison. This probation period can include frequent contact with a probation officer, completing community service, and undergoing counseling.
- Loss of Rights – If convicted of a felony, you may lose several of your civil rights, including the right to own a firearm, the ability to vote, or eligibility for certain job positions or professional certifications.
What Can Affect Penalties for Aggravated Assault with a Deadly Weapon?
There are several factors that can impact penalties, including:
- The Severity of the Victim’s Injuries – If the injury is considered serious enough, there is a risk of death or serious disfigurement, there is severe impaired health, or there is a loss of certain bodily functions, penalties may be more severe.
- The Victim’s Status – If the person you assaulted with a deadly weapon was a police officer, prosecutor, judicial officer, firefighter, emergency medical technician, paramedic, teacher or school employee, healthcare provider, or a minor who is 15 or younger, then you will be charged with a class 2 felony.
- The Use of Specific Deadly Weapons – The kind of deadly weapon used can influence the type of penalty received. If, for example, a shotgun, rifle, pistol, or revolver is used, whether loaded or not, penalties are typically more severe.
Additionally, you will receive a permanent criminal record if convicted, without the chance to have it expunged if the incident involved a deadly weapon that caused serious injuries or a victim that was 15 years or younger.
Common Defenses for Aggravated Assault
Below are some of the most commonly used defenses for aggravated assault.
Self-Defense or Defense of Others
A very common defense for aggravated assault is claiming self-defense, which refers to a claim that you had a need to commit assault to protect yourself. Some factors that are necessary for claiming this defense includes an immediacy of a threat, reasonable belief of intention of harm, and a proportionality of force used as a result of that threat of harm.
Protecting another person from harm as a defense strategy is similar to claiming self-defense, in which you must explain that your actions were necessary to prevent harm from occurring to another person. Like self-defense, you must provide proof that you believed the other person was in danger of harm.
Under Arizona Revised Statute 13-411, an individual is legally allowed to use force to defend themselves or someone else if certain crimes are taking place or are about to take place. For example, in the event that your home is being burglarized, you have the right to use deadly force to defend it and yourself.
Under Arizona Revised Statute 13-406, a person may defend someone else who is being threatened or if there is a reason to believe they may be harmed. For example, you may use deadly force to protect a friend who is threatened at gunpoint.
Lack of Intent
In order for an aggravated assault case to be considered assault, there must be an intention to cause harm or a threat of intimidation. If you did not intend to harm, then a lack of intent defense may be valid in this situation.
The lack of intent defense may include accidental harm, which means that the injury or damage was accidental and without an intention of harm. An example includes bumping into another person accidentally.
Intentional assault, however, means that the person causing the harm intended to intimidate or hurt the victim, typically using physical force. An example of intentional assault involves threatening someone with a weapon.
False Allegations or Mistaken Identity
A false allegation occurs when you are falsely accused of committing the assault. This means that the victim is not telling the truth about the situation, or you have been wrongly identified as the perpetrator. In order to use a false allegation or mistaken identity defense, there must be significant evidence to support it.
To address false allegations, a criminal defense attorney can help you determine if there are any inconsistencies in the victim’s testimony or prove that you have a solid alibi. Eyewitnessesses and surveillance videos can also be essential to supporting your innocence.
Insufficient Evidence
Another defense that may be used for aggravated assault is questioning whether the prosecution’s evidence is enough to prove that you committed the crime. If there is not enough evidence, and the prosecution does not meet the burden of proof, then this defense may apply in your case.
Insufficient evidence can include several circumstances, such as witness statements that do not align with other evidence. There may also be a lack of physical evidence, such as little or no proof of injury to the victim. If a police officer did not follow correct procedures to arrest you or did not properly conduct the investigation, that can also be used with this type of defense.
Violation of Rights
If your rights were violated before or after an arrest, the case may be dismissed. This may be a valid defense strategy if an illegal search is conducted to prove that a deadly weapon was used. If you were not read your Miranda rights before interrogation, then a violation of rights occurred.
When law enforcement misconduct takes place, an arrest is made improperly, or there is a failure to alert a defendant of their Miranda rights, the entire case may be weakened or invalidated. As a result, the charges may be dismissed.
Intoxication
Another defense that may be used in an aggravated assault case involves proving that you were not only intoxicated, but also not intoxicated by choice. Because of this involuntary intoxication, they did not have control over their actions.
An example of a valid intoxication defense involves an individual becoming unknowingly intoxicated after being served a drug-spiked drink. Because the individual became intoxicated involuntarily in this situation, the charges may be dismissed.
Consent
Consent may be another defense to be used in an aggravated assault case in certain situations. This could include the defendant participating in a contact sport, such as football, in which they consented to physical contact with others.
An example of consent used as a valid defense includes two people being involved in a wrestling match that resulted in serious injuries. Because the injured individual consented to the physical act taking place, the claim of consent may be accepted to dismiss the charges.
Provocation
Provocation refers to one person intentionally provoking another individual to momentarily lose control of their emotions. This defense claims that the victim acted in such a way that caused the incident. Using this defense requires proving that there was a credible reason for the defendant to lose emotional control and act without thinking, and that the provocation was what caused these actions.
Although provocation may be a valid defense strategy, it may only reduce a sentence in severe cases rather than dismiss the charges completely. If the proof is valid, the charges could be reduced to simple assault.
Aggravated Assault with a Deadly Weapon Real-Life Scenarios
Aggravated assault with deadly weapon charges can result from several situations.
- One common scenario occurs when individuals are involved in a bar fight that escalates to the point where a glass bottle or chair is used as a weapon to strike another person.
- Aggravated assault with a deadly weapon may also look like a domestic dispute between spouses where one spouse uses a knife as a threat to get the other spouse to submit to their will.
- This charge could also include an incident of road rage, where one driver becomes so angry with another that they drive their vehicle into the other person’s vehicle or threaten to fire a weapon as a means of causing that person harm.
- Aggravated assault charges may also include a dispute between neighbors where one neighbor resorts to using their rifle to intimidate the other.
- Other aggravated assault charges could occur in the workplace when one employee uses a blunt office object as a weapon against another employee.
- Interestingly, aggravated assault charges could involve a misunderstanding if one person uses a realistic replica weapon against another.
- Assault charges may also result from an accidental injury that occurs while playing a recreational sport, such as wrestling, where the injury is mistaken as an assault. It may look like a physical altercation during a baseball game, where one player becomes volatile and uses a baseball bat to injure another player.
- Another event where assault with a deadly weapon could occur involves a confrontation during a high-tension protest or rally where found objects are used aggressively toward law enforcement.
Why You Need an Experienced Criminal Defense Attorney
There are multiple reasons to hire an experienced criminal defense attorney to assist you in your case. As every case is different and has its own complexities, an attorney is essential to help you navigate the various charges, penalties, and defenses involved.
A skilled attorney is well-equipped to handle evidence regarding the case and has the proper resources to conduct a thorough investigation. To strengthen your case, an attorney can also locate and work with expert witnesses. Furthermore, attorneys can negotiate with prosecutors on your behalf.
Securing legal representation is also essential to protect your rights throughout the entire legal process, including during interrogations by the police or the prosecution. Additionally, a lawyer can identify any procedural errors that may have occurred and be aware of any rights violations. To minimize penalties, your attorney will help you develop an effective defense strategy that is pertinent to your specific situation.
How The Valley Law Group Can Help with Your Criminal Defense Case
Aggravated assault with a deadly weapon is one of the most serious charges you can face. This is why our award-winning assault and battery lawyers at The Valley Law Group handle these cases with expertise, prioritizing your rights throughout the process. Our goal is to ensure your defense strategy is tailored to fit the unique needs of your case and reduce the penalties you face.
If you’ve been arrested for aggravated assault with a deadly weapon, consult with our team as soon as possible to begin building your defense. Working with a skilled criminal defense attorney can make an exceptional difference and help you achieve a positive outcome in your case.
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Facing aggravated assault with deadly weapon charges can result in severe penalties that could affect the rest of your life, so you should consult with experienced legal counsel as soon as possible.
Contact The Valley Law Group today to request a consultation with one of our criminal defense lawyers and protect your rights.
Sources:
- Arizona Revised Statutes. (n.d.). 13-1204: Aggravated assault; classification; definition. Arizona State Legislature. Retrieved from https://azleg.gov/ars/13/01204.htm
- Arizona Revised Statutes. (n.d.). 13-411: Justification; use of force in crime prevention. Arizona State Legislature. Retrieved from https://www.azleg.gov/ars/13/00411.htm#:~:text=This%20section%20includes%20the%20use,has%20a%20right%20to%20be
- Arizona Revised Statutes. (n.d.). 13-406: Justification; self-defense. Arizona State Legislature. Retrieved from https://www.azleg.gov/ars/13/00406.htm#:~:text=A%20person%20is%20justified%20in,using%20physical%20force%20or%20deadly
- Arizona Revised Statutes. (n.d.). 13-3101: Definitions. Arizona State Legislature. Retrieved from https://www.azleg.gov/ars/13/03101.htm
- Arizona Revised Statutes. (n.d.). 13-702: Sentence of imprisonment for misdemeanors. Arizona State Legislature. Retrieved from https://www.azleg.gov/ars/13/00702.htm
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.