Assault Laws and Penalties in Arizona

A person facing assault charges in Arizona can face jail or prison time. Learn how Arizona law defines and punishes assault and aggravated assault crimes.

What Is Considered Assault in Arizona?

In Arizona, a person commits the crime of assault by:

• intentionally, knowingly, or recklessly causing physical injury to another
• intentionally placing another in reasonable fear of imminent physical injury, or
• knowingly touching another to injure, insult, or provoke them.

Assault crimes are misdemeanor offenses. When assault involves a weapon, serious injuries, another crime, or a class of protected victims, the crime becomes aggravated assault—a felony. Below are some definitions to aid in distinguishing the different assault charges in Arizona.

Physical injury is defined as an impairment of a physical condition. Cuts, bruises, swelling, and scratches are usually considered physical injuries.

Serious physical injury is any injury that creates a reasonable risk of death, causes serious and permanent disfigurement, causes a serious health impairment, or results in loss or lengthy impairment to a body organ or part. Examples can include injuries from gunshot or stab wounds, damage to internal organs caused by a beating, or loss of vision caused by a severe hit to the head.

Deadly weapons include anything designed for lethal use, such as a firearm or hunting knife.

Dangerous instrument is any object or substance that could be used to cause death or serious physical injury. For instance, metal knuckles, a crowbar, a baseball bat, or a brick could be used as a dangerous instrument.

(Ariz. Rev. Stat. §§ 13-105, 13-1203 (2024).)

What Are the Penalties for Assault in Arizona?

Arizona divides simple assault crimes into three misdemeanor categories, depending on the defendant's intent and whether the victim suffered injuries.

Class 1 Misdemeanor Assault

A person who intentionally or knowingly causes physical injuries to another commits a class 1 misdemeanor, punishable by up to six months of jail time and a $2,500 fine.

Intentional and knowing acts occur when a defendant's objective is to engage in certain conduct or cause harm, or the defendant knows their actions will cause harm. Examples of this type of assault can include punching, kicking, or shoving a victim and causing injuries.

Class 2 Misdemeanor Assault

Recklessly causing physical injuries to another can result in charges for a class 2 misdemeanor, punishable by up to four months of jail time and a $750 fine.

Defendants act recklessly when they're aware of, and consciously disregard, a substantial and unjustifiable risk of harm. For instance, a defendant who shoves someone in a crowded bar disregards a substantial risk that the victim could hit any number of objects in the bar. This is true even if the defendant didn't intend to injure the victim.

Class 3 Misdemeanor Assaults

A defendant commits a class 3 misdemeanor assault by:

• intentionally placing someone in fear of imminent harm, or
• knowingly causing offensive contact with another.

Examples of this type of assault could include raising a clenched fist and walking angrily toward another, spitting on someone to make them angry, or grabbing someone's buttocks to insult or humiliate them.

Class 3 misdemeanors carry up to 30 days of jail time and a $500 fine.

(Ariz. Rev. Stat. §§ 13-707, 13-1203 (2024).)

What Is Aggravated Assault in Arizona?

A person can face felony charges for aggravated assault if an assault involves:

• serious physical injuries to a victim
• any means of force that causes a victim to suffer a broken bone, fracture, or temporary but substantial injury, or
• the use of a deadly weapon, dangerous instrument, or simulated weapon.

It's also an aggravated assault to commit an assault:

• against a victim in a protected class
• while a victim is bound or physically restrained or their capacity to resist is substantially impaired
• after entering a private home with intent to commit assault, or
• in violation of an order of protection against the protected person.

(Ariz. Rev. Stat. §§ 13-105, 13-1204 (2024).)

What Are the Penalties for Aggravated Assault in Arizona?

Aggravated assault crimes carry felony penalties ranging from a class 2 to 6 felony.

Aggravated Assault With a Deadly Weapon, Dangerous Instrument, or Simulated Weapon

Aggravated assault involving the use of a deadly weapon, dangerous instrument, or simulated weapon carries class 2 or 3 felony penalties in Arizona. It's a class 2 felony if the defendant targets a law enforcement officer or employee, prosecutor, or child younger than 15. Otherwise, the offense is a class 3 felony.

Also, a defendant who takes or tries to take control of a peace officer's firearm, weapon, or other implement can face class 3, 5, or 6 felony charges, respectively.

Aggravated Assault Resulting in Injuries

The penalties for aggravated assault resulting in injuries range from a class 2 to 5 felony.

Serious physical injuries. The harshest penalties apply when a victim suffers serious physical injuries. This offense is a class 3 felony unless the defendant targets a law enforcement officer or employee, prosecutor, or child younger than 15. In these situations, the crime becomes a class 2 felony.

Temporary but substantial harm; fractures. Aggravated assault that results in fractures, broken bones, or temporary but substantial harm carries class 4 felony penalties. When the victim is a prosecutor or law enforcement officer or employee, the penalty increases to a class 3 felony.

Physical injury. Causing physical injuries generally falls under misdemeanor assault. However, when committed against a prosecutor, it's a class 5 felony, and when committed against a law enforcement officer or employee, it's a class 4 felony.

Aggravated Assault Against Those in Protected Professions

As can be seen above, Arizona imposes harsh penalties for assaults against law enforcement officers and employees and prosecutors. Any assault against such individuals engaged in their duties carries felony aggravated assault charges rather than misdemeanor assault charges.

The state also increases penalties when a defendant assaults a first responder, firefighter, fire inspector, public defender, code enforcement officer, park ranger, judicial officer, health care worker, teacher, or school staff. Assaulting one of these employees who's engaged in their duties will increase a misdemeanor assault to a class 6 felony aggravated assault.

Aggravated Assault Against Vulnerable Victims

The last category of aggravated assault offenses involves vulnerable victims.

It's a class 6 felony to assault a victim who's:

• physically restrained, bound, or incapacitated
• younger than 15 by an adult defendant
• protected by an order of protection when the defendant is the restrained party, or
• in a private home and the defendant entered the home intending to commit assault.

If the defendant strangles or suffocates a domestic violence victim, the crime is a class 4 felony.

Felony Penalty Ranges

Below are the standard sentencing ranges by felony class, but these ranges can change depending on the circumstances of the offense and the defendant's criminal history.

• Class 2 felonies: 4 to 10 years in prison
• Class 3 felonies: 2 ½ to 7 years in prison
• Class 4 felonies: 1 ½ to 3 years in prison
• Class 5 felonies: 9 to 24 months in prison
• Class 6 felonies: 6 to 18 months in prison

Offenders who commit dangerous offenses with a weapon or inflict serious physical injury to a victim can face harsher sentences.

(Ariz. Rev. Stat. §§ 13-702, 13-703, 13-704, 13-706, 13-1204 (2024).)

Defenses to Assault Charges in Arizona

A person facing assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. A defendant can only use as much force as a reasonable person would use to prevent the threatened injuries. (Ariz. Rev. Stat. §§ 13-404, 13-406 (2024).)

Wrong person. If the assault happened in a dark alley or bar filled with people, a defendant might argue the cops or victim got the wrong perpetrator. A defendant with a solid alibi might present evidence of being somewhere else when the assault happened.

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required injuries or the use of a weapon. In this case, the defense might be able to get the charges dismissed or reduced.

Getting Legal Advice

If you face assault or aggravated assault charges, contact an Arizona criminal defense attorney. A lawyer can tell you how your case is likely to fare, based on the facts and the local judge and prosecutor who are assigned to your case. An attorney may be able to help you get the charge reduced or dismissed, obtain a not guilty verdict at trial, or a lighter sentence than the maximum allowed by law.