Assault and Aggravated Assault Laws in Arizona
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Assault & Aggravated Assault Laws

13-1203.  Assault; classification

  1. A person commits assault by:
    1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
    2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
    3. Knowingly touching another person with the intent to injure, insult or provoke such person.
  2. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor.  Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor.  Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

13-1204.  Aggravated assault; classification; definition

  1. 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.
    7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
    8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
      1. A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
      2. A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
      3. A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
      4. A licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties.  This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia.
      5. A prosecutor.
    9. If the person knowingly takes or attempts to exercise control over any of the following:
      1. A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
      2. Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
      3. Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this paragraph, "implement" means an object that is designed for or that is capable of restraining or injuring an individual.   Implement does not include handcuffs.
    10. If the person meets both of the following conditions:
      1. Is imprisoned or otherwise subject to the custody of any of the following:
        1. The state department of corrections.
        2. The department of juvenile corrections.
        3. A law enforcement agency.
        4. A county or city jail or an adult or juvenile detention facility of a city or county.
        5. Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
      2. Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
  2. Except pursuant to subsections C and D of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-604.01.  Aggravated assault pursuant to subsection A, paragraph 3 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony.  Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
  3. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
  4. Aggravated assault pursuant to:
    1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
    2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
    3. Subsection A, paragraph 8, subdivision (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
  5. For the purposes of this section, "prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

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13-1206.  Dangerous or deadly assault by prisoner or juvenile; classification
A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county or city jail, who commits an assault involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious physical injury upon another person is guilty of a class 2 felony. If the person is an adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the rules of procedure for the juvenile court, the person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted.  A sentence imposed pursuant to this section shall be consecutive to any other sentence presently being served by the convicted person.

13-1208.  Assault; vicious animals; classification; exception

  1. A person who owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and that bites, inflicts physical injury on or attacks a human being while at large is guilty of a class 1 misdemeanor.
  2. A person who owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal and who keeps the dog or vicious animal in an enclosed area or yard outside of a residence or structure on the property shall post a notice indicating the presence of the dog or vicious animal.
  3. This section does not apply to dogs that are owned or used by a law enforcement agency and that are used in the performance of police work.

13-1212.  Prisoner assault with bodily fluids; liability for costs; classification; definition

  1. A prisoner commits prisoner assault with bodily fluids if the prisoner throws or projects any bodily fluid at or onto a correctional facility employee or private prison security officer who the prisoner knows or reasonably should know is an employee of a correctional facility or is a private prison security officer.
  2. A prisoner who is convicted of a violation of this section is liable for any costs incurred by the correctional facility employee or private prison security officer, including costs incurred for medical expenses or cleaning uniforms.
  3. The state department of corrections shall adopt rules for the payment of costs pursuant to subsection B.  Monies in the prisoner's trust fund or retention account established by the correctional facility in which the prisoner is incarcerated may be used to pay the costs pursuant to subsection B.
  4. A prisoner who violates this section is guilty of a class 6 felony and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the prisoner was confined or to any term of community supervision, probation, parole, work furlough or other release from confinement.
  5. For the purposes of this section, "bodily fluids" means saliva, blood, seminal fluid, urine or feces.

Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)

The Law Offices of John Rock, PC has successfully defended assault & aggravated assault cases in the Phoenix, Arizona area.

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Assault and Aggravated Assault Laws in Arizona