ASSAULT, AGGRAVATED ASSAULT & WEAPONS CRIMES

Note: if your case involves an automobile, click the “Vehicular Crimes” link on the left for specific information regarding vehicular Aggravated Assault cases.

ASSAULT (A.R.S. § 13-1203)

There are three types of misdemeanor Assault under Arizona law, with increasing levels of severity: 

• If you have been charged under A.R.S. § 13-1203(A)(3), in order to obtain a conviction, the State must prove that you knowingly touched another person with the intent to injure, insult, or provoke that person.  A conviction under this subsection is a class 3 misdemeanor, and can result in a sentence of up to 30 days in jail.

• If you have been charged under A.R.S. § 13-1203(A)(2), in order to obtain a conviction, the State must prove that you intentionally placed another person in reasonable apprehension of imminent physical injury.  A conviction under this subsection is a class 2 misdemeanor, and can result in a sentence of up to 4 months in jail.

• If you have been charged under A.R.S. § 13-1203(A)(1), in order to obtain a conviction, the State must prove that you intentionally, knowingly, or recklessly caused physical injury to another person.  A conviction under this subsection is a class 2 misdemeanor if you recklessly caused the injury, resulting in a potential sentence of up to 4 months in jail.  If the State proves that you intentionally or knowingly caused the injury, the conviction is a class 1 misdemeanor, resulting in a potential sentence of up to 6 months in jail.

There may also be fines imposed as a penalty if you are convicted of Assault.  You may also be required to pay restitution to the victim for any damages that your conduct caused.

In many cases, if you are convicted, a court will also order you to attend classes and/or counseling.  In some instances, you may be able to take these classes in lieu of jail time. 

In some jurisdictions, if this is your first offense, you may be able to have your case dismissed if you complete classes in a timely manner.  This result is typically known as a “diversion” agreement.  Be sure to consult an attorney regarding the availability of a diversion agreement or any other potential result that may help you avoid jail time or a conviction on your record.

Note: Your case will be filed as a “domestic violence” case if you are charged with assaulting any of the following victims:

• a spouse or a former spouse.
• a person who lives with you or who formerly lived with you.
• a person with whom you share a child.
• a person who is pregnant with your child.
• a person who is closely related to you by blood or by court order.
• a child who lives with you or who formerly lived with you.

(For more information on domestic violence cases, click the “Domestic Violence” link on the left.)

Back to Top

AGGRAVATED ASSAULT (A.R.S. § 13-1204)

Under Arizona law a person can be charged with felony Aggravated Assault if that person commits misdemeanor Assault under any of the following ten circumstances:

• If the person causes serious physical injury to another.  A “serious physical injury” is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb.  A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.  If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense.  If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the person uses a deadly weapon or dangerous instrument.  A “deadly weapon” is anything designed for lethal use, including a firearm.  A “dangerous instrument” is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.  A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.  If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense.  If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime Against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.  A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense.  If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. 

• If the person commits the assault while the victim is physically restrained or while the victim cannot resist.  A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault after entering another person’s private home with intent to commit the assault.  A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is eighteen years of age or older and the victim is fifteen years of age or younger.  A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault while violating a valid order of protection.  A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor.  A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.  If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

• If the person takes or attempts to gain control of a police officer’s firearm or other weapon or implement.  An “implement” is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs.  If the object is the officer’s firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.  If the object is the officer’s weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.  If the object is the officer’s other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. 

• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned.  A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. 

Defenses to Assault/Aggravated Assault

The first line of defense in any assault case is to establish that the assault did not occur or that the seriousness of the assault has been exaggerated.  Many victims will exaggerate the circumstances of an alleged assault in order to gain an advantage in a simultaneous civil court or family court proceeding.  It is important to examine the alleged facts of the assault and review any medical records, if any injury has been reported, to determine if the assault could have occurred in the manner alleged.

In addition, there are several “justification” defenses to an assault charge, such as self-defense.  The following are examples of justification defenses: 

(Note: Justification is a complex area of law.  The following examples have been summarized and simplified from law for the limited purpose of retroactively examining the available defenses in a case.  These examples should not be relied upon in committing any act under any circumstances.)

• Execution of a public duty.  A.R.S. § 13-402.  Conduct which would otherwise constitute an assault is not criminal if the conduct is required or authorized by law. 

• Use of justifiable physical force.  A.R.S. § 13-403.  This defense encompasses a series of situations where the use of physical force is not criminal:

• a parent, guardian, or teacher may use reasonable and appropriate force for disciplinary reasons;
• a jail official may use force to maintain order;
• a person responsible for maintaining order where others are assembled or on a mass-transit carrier may use reasonable force to maintain order;
• a person may use force to prevent a person from committing suicide or from seriously injuring themselves;
• a person administering medical care may use reasonable force if required to administer treatment.

• Self-defense.  A.R.S. §§ 13-404 and 405.  The law in Arizona says that a person may use force in a situation where a reasonable person would think the force was immediately necessary to protect himself against another person’s illegal use or attempted use of force.  The extent of the force used must also be reasonable under the circumstances.  A person’s use of deadly force is lawful in self-defense only where a reasonable person would think deadly force was necessary to protect himself against another person’s use or attempted use of deadly force.  In Arizona, unlike in some states, there is no duty to retreat before acting in self-defense.  However, a person cannot act in self-defense in response to verbal provocation alone.  Furthermore, if a person provokes another to assault him, he cannot lawfully act in self-defense to defend himself unless he affirmatively withdraws from the encounter or attempts to do so.

• Defense of a third person.  A.R.S. § 13-406.  Under the same circumstances as self-defense, in Arizona, a person may lawfully use reasonable force to protect a third person if the intervention is reasonably immediately necessary to protect that person. 

• Defense of premises.  A.R.S. § 13-407.  A person may use or threaten to use physical force if a reasonable person would think it was necessary to prevent or terminate a criminal trespass.  A person may also threaten to use deadly physical force if reasonably necessary to prevent or terminate a criminal trespass.  However, in Arizona, a person may not actually use deadly physical force to prevent or terminate a criminal trespass, unless required for self-defense or in defense of a third person as explained above.

• Defense of property.  A.R.S. § 13-408.  A person may use reasonable physical force if a reasonable person would think it was necessary to prevent criminal damage or theft of that person’s property. 

• Use of physical force in law enforcement.  A.R.S. §§ 13-409 and 410.  A person may use physical force if a reasonable person would think it was immediately necessary to perform a lawful arrest or prevent an escape from a lawful arrest. 

• Use of force in crime prevention.  A.R.S. § 13-411.  A person may use physical force, including deadly physical force, to the extent reasonably immediately necessary to prevent any of the following crimes: arson of an occupied structure, burglary in the first or second degree, kidnapping, manslaughter, second or first degree murder, sexual conduct with a minor, sexual assault, child molestation, armed robbery, or certain types of aggravated assault. 

Back to Top

MISCONDUCT INVOLVING WEAPONS (A.R.S. § 13-3102)

In Arizona, a number of weapons crimes fall under the umbrella statute “Misconduct Involving Weapons.”  These crimes vary in severity of punishment, as follows:

(Note: “deadly weapon” is defined as anything designed for lethal use, including a firearm.)

• Carrying a deadly weapon without a permit (other than a pocket knife).  A violation of this statute is a class 1 misdemeanor, punishable by up to 6 months in jail and a $2500 fine.  However, this statute does not apply if the weapon is carried in a visible holster, scabbard, or case, or carried in luggage.  This statute also does not apply to a person in his dwelling, on his property, or on his business premises.  Finally, the statute does not apply to a police officer or member of the military forces while acting in the performance of official duties, or to a warden, deputy warden, or correctional officer of the state department of corrections, or to any other person specifically licensed or authorized to carry a weapon pursuant to statute.

• Carrying a concealed weapon in a means of transportation without a permit.  A violation of this statute is a class 1 misdemeanor, punishable by up to 6 months in jail and a $2500 fine.  However, the statute does not apply if the weapon is carried in a case, holster, scabbard, pack or luggage that is carried within the means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.  The statute also does not apply to a police officer or member of the military forces while acting in the performance of official duties, or to a warden, deputy warden, or correctional officer of the state department of corrections, or to any other person specifically licensed or authorized to carry a weapon pursuant to statute.

• Manufacturing, possessing, transporting, selling, or transferring a prohibited weapon.  A violation of this statute is a class 4 felony, punishable by up to 3.75 years in prison for a first offense.  However, there are many situations under which this statute does not apply.  For example, the statute does not apply to the regular and lawful transporting of merchandise, or to weapon possessed for the purposes of participating in a lawful athletic event.  If you have been charged with a violation of this statute, it is important to consult an experienced attorney to determine if any of the exceptions apply to your case. 

• Possessing a deadly weapon or prohibited weapon by a prohibited possessor.  This is a commonly charged offense in Arizona.  A person will typically be a prohibited possessor if they have had any prior felony conviction unless they have had their right to possess firearms restored.  A violation of this statute is a class 4 felony, punishable by up to 3.75 years in prison for a first offense.  However, because many prohibited possessors have prior felony convictions on their record, it is not unusual for a person charged with this offense to face a drastically enhanced sentence.  For example, a person convicted of this statute with two prior felony convictions faces 6 to 15 years in prison.

• Selling or transferring a deadly weapon to a prohibited possessor.  A person will typically be a prohibited possessor if they have had any prior felony conviction unless they have had their right to possess firearms restored.  A violation of this statute is a class 6 felony, punishable by up to 2 years in prison for a first offense.

• Defacing a deadly weapon.  “Defacing” is defined as removing, altering or destroying the manufacturer’s serial number.  A violation of this statute is a class 6 felony, punishable by up to 2 years in prison for a first offense.

• Possessing a defaced deadly weapon knowing the weapon was defaced. A “defaced” weapon is a weapon with a removed, altered, or destroyed manufacturer’s serial number.  A violation of this statute is a class 6 felony, punishable by up to 2 years in prison for a first offense.  However, there are many situations under which this statute does not apply.  For example, the statute does not apply to the regular and lawful transporting of merchandise, or to weapon acquired by operation of law such as by devise.  If you have been charged with a violation of this statute, it is important to consult an experienced attorney to determine if any of the exceptions apply to your case. 

• Possessing a deadly weapon during the commission of any felony drug offense.  This is a commonly charged offense in Arizona.  For example, if a weapon is found in your home during the execution of a search warrant for drugs, you will be likely be charged with this offense, even if there is no apparent nexus between the firearm and the drugs.  A violation of this statute is a class 4 felony, punishable by up to 3.75 years in prison for a first offense.

• Discharging a firearm at an occupied structure for the purposes of a street gang, crime syndicate, or racketeering enterprise.  An “occupied structure” is any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.  A violation of this statute is a class 3 felony, punishable by up to 8.75 years in prison.  However, because it involves the discharge of a firearm, it could be charged as a “dangerous” felony.  A conviction for a class 3 “dangerous” felony is punishable by up to 15 years in prison for a first offense.

• Entering a public establishment or attending a public event with a deadly weapon after a reasonable request to remove the weapon and place it in storage.  A violation of this statute is a class 1 misdemeanor, punishable by up to 6 months in jail and a $2500 fine.  However, there are many exceptions to this statute, and if you have been charged with a violation of this statute, it is important to consult an experienced attorney to determine if any of the exceptions apply to your case. 

• Entering an election polling place with a deadly weapon.  A violation of this statute is a class 1 misdemeanor, punishable by up to 6 months in jail and a $2500 fine.  However, this statute does not apply to a police officer or member of the military forces while acting in the performance of official duties, or to a warden, deputy warden, or correctional officer of the state department of corrections, or to any other person specifically licensed or authorized to carry a weapon pursuant to statute.

• Possessing a deadly weapon on school grounds.  “School grounds” means in, or on the grounds of, a public or nonpublic kindergarten program, common school, or high school.  A violation of this statute is a class 1 misdemeanor, punishable by up to 6 months in jail and a $2500 fine.  Under certain circumstances, a violation of this statute is classified as a class 6 felony, punishable by up to 2 years in prison.  There are many situations under which this statute does not apply.  If you have been charged with a violation of this statute, it is important to consult an experienced attorney to determine if any of the exceptions apply to your case and to determine whether you face a felony conviction. 

• Entering an electric generating station with a deadly weapon.  A violation of this statute is a class 4 felony, punishable by up to 3.75 years in prison for a first offense.  However, the statute does not apply to a police officer or member of the military forces while acting in the performance of official duties, or to a warden, deputy warden, or correctional officer of the state department of corrections, or to any other person specifically licensed or authorized to carry a weapon pursuant to statute.

• Supplying a firearm to another person knowing that the other person will use the firearm to commit a felony.  Unlike many of the other offenses under the “misconduct involving weapons” statute, this crime specifically applies to firearms, rather than “deadly weapons” in general.  A violation of this statute is a class 3 felony, punishable by up to 8.75 years in prison.

• Using, possessing, or controlling a deadly weapon for the purposes of terrorism.  “Terrorism” means any felony, that involves the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to either: (a) influence the policy or affect the conduct of this state or any of the political subdivisions, agencies or instrumentalities of this state, or (b) cause substantial damage to or substantial interruption of public services.  A violation of this statute is a class 3 felony, punishable by up to 8.75 years in prison.

Back to Top

DRIVE-BY SHOOTING (A.R.S. § 13-1209)

In Arizona, a person commits “drive-by shooting” by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle, or an occupied structure.  Drive-by shooting is a very serious offense in Arizona.  It is classified as a class 2 felony, and will typical involve an allegation of “dangerousness” because it involves the use of a dangerous instrument or deadly weapon.  A class 2 “dangerous” felony is punishable by up to 21 years in prison for a first offense!  In addition, any conviction under this statute will result in a driver’s license revocation and may result in forfeiture of any motor vehicle used in the violation.

For the purposes of the drive-by shooting statute, “motor vehicle” and “occupied structure” are defined as follows:

• motor vehicle - any self-propelled vehicle, but does not include a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard. 

• occupied structure - any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.

Back to Top

UNLAWFUL DISCHARGE OF A WEAPON (A.R.S. § 13-3107)

This statute, also known as “Shannon’s Law,” was enacted in 2000 and makes it a felony to discharge a firearm within the limits of any municipality in Arizona, with certain exceptions listed below.  The name “Shannon’s Law” is a reference to the tragic death in 1999 of a fourteen year old Phoenix girl killed by a stray bullet fired into the air in celebration. 

There are also many exceptions to this statute where the conduct is not criminal.  The statute does not apply if the firearm is discharged:

• Pursuant to any “justification” defense (see “Defenses to Assault/Aggravated Assault,” above).

• On a properly supervised range.

• In an area recommended as a hunting area by the State of Arizona.

• For the control of nuisance wildlife by permit.

• By special permit from the local chief of police.

• As required by an animal control officer in the performance of duties.

• Using blanks.

• More than one mile from any occupied structure.

• In self-defense or defense of another person against an animal attack if deadly force against the animal is reasonably immediately necessary under the circumstances.