Aggravated assault with a deadly weapon is an extremely serious charge in Phoenix. Although assault can be a misdemeanor misdemeanor assault, if it involves a dangerous instrument or deadly weapon, it is automatically considered a felony instead.
Being found guilty of aggravated assault with a deadly weapon can significantly impact the rest of your life in very extreme ways. This includes serving a long prison sentence, owing hundreds of thousands of dollars in restitution, never being able to legally own a firearm again, and losing your right to vote. Therefore, if you are facing felony charges of any kind, it is extremely important to retain a competent, aggressive defense attorney who will fight diligently for your legal rights.
What are Dangerous Instruments and Deadly Weapons?
According to the Arizona Revised Statutes, a deadly weapon is anything designed for lethal use. In the case of a firearm, it does not even have to be loaded to be considered a deadly weapon. Besides operable guns, other examples of deadly weapons include:
- Brass Knuckles
- Knives and Swords
A dangerous instrument is any object that is under the circumstances, is used or attempted to be used, or threatened to be used, and is readily capable of, causing death or serious injury to someone. Although a gun or knife is considered a deadly weapon, a baseball bat is considered a dangerous instrument. This is because its primary function is to hit a baseball, whereas a gun’s primary function is to render lethal force (Ariz. Rev. Stat. Ann. § 13-105).
Penalties for Aggravated Assault With a Deadly Weapon in Phoenix
In Phoenix, the standard classification for aggravated assault with a deadly weapon is a class 3 felony. This means that if you are found guilty of this charge, you will receive a mandatory prison sentence ranging from 5 years minimum to 15 years maximum. You can also be fined up to $150,000 (Ariz. Rev. Stat. Ann. §§ 13-1204, 13-701, 13-704, 13-801).
If you commit aggravated assault with a deadly weapon against a peace officer, prosecutor or someone under 15 years of age, the special circumstances of the crime mean you will be charged with a class 2 felony. This is punishable by between 7 and 21 years in prison, and you can also be fined up to $150,000 (Ariz. Rev. Stat. Ann. §§ 13-1204, 13-701, 13-801).
What is more, the judge can choose to find aggravating factors involved in the crime. Some aggravating factors include threats or harm to the victim’s friends and family members. Also, if the crime was committed in an especially cruel manner, a harsher sentence can be imposed. Additionally, any prior criminal history can also result in harsher sentencing.
Conversely, a judge can also choose to take mitigating factors in account when deciding your fate. These can include your age, prior legal history, mental capacity and role in the assault. Mitigating factors can result in lighter sentencing in some cases (Ariz. Rev. Stat. Ann. §§ 13-701, 13-704).
Trust Phoenix Criminal Attorney Firm With Aggravated Assault With a Deadly Weapon Defense
All of these variables make it extremely important to have an attorney who knows your rights, and can help you make the best decisions possible during this difficult process. Phoenix Criminal Attorney provides our clients with focused legal assistance for even the most severe aggravated assault with a deadly weapon charges.
We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. If you have been charged with aggravated assault with a deadly weapon in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.