Feature Article
The Complex Differences Between Simple and Aggravated Assault in Arizona
Assaulting another person can have serious legal consequences, but did you know that the charge can range from a misdemeanor to a felony, depending on the circumstances? In Arizona, the two main types of assault charges are simple assault and aggravated assault. Understanding the difference can help you avoid getting into legal trouble and arm you with knowledge in case you are accused of assault.
What is Simple Assault?
Simple assault is the less severe of the two charges and is considered a misdemeanor in Arizona. It occurs when a person intentionally, recklessly, or knowingly causes harm or fear of harm to another person. Simple assault can be verbal or physical and may involve minor injuries or no injuries at all. For example, if you get into a heated argument with someone and push them, resulting in a small scratch, that could be considered simple assault. Simple assault can also occur when a person threatens physical harm to another person, even without carrying out the threat.
What is Aggravated Assault?
Aggravated assault is a more severe charge and is considered a felony in Arizona. It occurs when a person intentionally, recklessly, or knowingly causes serious physical injuries to another person, uses a deadly weapon or a dangerous instrument, or strangles or suffocates another person. Aggravated assault can also occur when someone commits simple assault against specific individuals such as police officers, firefighters, or teachers, or if the victim is under the age of 15 and the perpetrator is 18 or older. The penalties for aggravated assault can include prison time, probation, fines, counseling, as well as a permanent criminal record.
What are Some Examples of Simple and Aggravated Assault?
Here are some examples to illustrate the differences between simple and aggravated assault:
Simple assault:
- Pushing someone during an argument
- Slapping someone across the face
- Throwing a water bottle at someone in anger
- Yelling threats at someone without carrying them out
Aggravated assault:
- Stabbing someone with a knife or a broken bottle
- Shooting someone with a gun or a crossbow
- Running someone over with a car intentionally
- Strangling someone to the point of unconsciousness
What are the Penalties for Simple and Aggravated Assault?
As mentioned earlier, simple assault is a misdemeanor in Arizona. The maximum punishment for a first-time offender is six months in jail and a $2,500 fine. For subsequent offenses, the jail time can increase up to 2.5 years, and the fines can go up to $150,000. Additionally, the offender may be ordered to undergo counseling or anger management programs.
Aggravated assault, on the other hand, is a felony in Arizona, and the penalties are much harsher. Depending on the severity of the offense, an offender can face anywhere from five to twenty-one years in prison, with a minimum of two and a half years for first-time offenders. The fines can be as high as $150,000. Additionally, a conviction for aggravated assault can have long-lasting consequences, such as limitations on employment opportunities, education, and housing.
Consult an Experienced Criminal Defense Attorney
If you are facing assault charges in Arizona, whether it be simple or aggravated assault, it is essential to seek legal representation from a seasoned criminal defense attorney. An experienced attorney will investigate the circumstances surrounding your case and work to build a strong defense strategy that will give you the best chance of avoiding or minimizing the charges.
Don't wait to get help. Contact the skilled team at Arja Shah Law to discuss your case and get the legal guidance you need.
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