What Is Aggravated Assault

What is aggravated assault? According to the Arizona State Legislature website, a partial definition is as follows.

A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

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 child who is fifteen years of age or under.

Aggravated assault is a more serious crime than simple assault and comes with more serious punishment. This crime can be charged as a class-2 or class-3 felony and can be punishable by imprisonment, probation, fines, and community service. If a deadly weapon is used, then the punishment is escalated to a minimum of 1.5 to a maximum 35 years. The sentencing will depend on various factors including whether the accused has any prior offenses.

According to the Federal Bureau of Investigation’s Uniform Crime Reports, cases of violent crime, including aggravated assault, has declined 5.5 percent nationwide in 2009 when compared to 2008. Here in Arizona the cities with the highest number of aggravated assault cases were Phoenix with 4,329 and Mesa with 1,252.