Aggravated Assault and False Reporting in Arizona

A person who has been accused of aggravated assault or false reporting may face serious penalties, including jail time, depending on the nature and the frequency of the crime. Such an accusation can lead to high levels of anxiety and confusion about the legal process. If you have been accused of such crimes, it is important that you work with an attorney in Arizona to understand the nature of the crime itself, the potential punishments, and possible defenses.

Aggravated Assault

In 2019, Arizona reported 17,433 aggravated assaults, accounting for 64.3% of violent crimes in the state. An aggravated assault charge can have serious implications, including serving jail time, and large fines. Legal counsel is almost always necessary in order to navigate one’s case.

An assault in Arizona is defined as:

• An intentional, knowing, or reckless causing of physical injury to another person,
• Intentionally placing another person in reasonable apprehension of imminent physical injury; or,
• Knowingly touching another person with the intent to injure, insult, or provoke a person.

A simple assault in Arizona is a misdemeanor crime. Misdemeanors are considered less serious under the law and will have shorter, less severe punishments. For example, a simple assault in Arizona could result in up to six months in jail, penal fines, or a probationary period.

On the other hand, an aggravated assault is seen as a more serious type of assault and is classified as a felony. Felonies generally have harsher punishments usually starting at over six months in jail.

An aggravated assault may occur whether or not the person intended to commit an aggravated assault. All that is necessary for an assault to become an aggravated assault is that any of the following conditions must be present:

• The person committing the assault causes serious bodily injury or temporary disfigurement to another,
• The person uses a deadly weapon or dangerous instrument,
• The assault is committed while the victim is bound or otherwise physically restrained,
• The assault is committed after entering a private home with the intent to commit an assault; or,
• Where the person committing the assault is eighteen years of age or older and the victim is under fifteen years of age.

Certain types of aggravated assaults will depend on the identity of the harmed party. Under the law, because of public policy reasons, these individuals are subject to greater protection and an assault against them is automatically elevated to an aggravated assault. An aggravated assault will be found where the assault is committed against:

• A police officer,
• Teacher,
• Prosecutor,
• Health care provider; or,
• Prison guard.

Potential Punishments for Aggravated Assault

Punishments for aggravated assaults in Arizona will be dependent on the manner of the assault. For example, an assault with a firearm, the most common type of assault in Arizona, would result in a Class 3 felony, having a minimum imprisonment sentence of 2.5 years and a maximum of 8.75 years. While an aggravated assault committed with a deadly weapon or causing serious bodily injury to a police officer or prosecutor is a Class 2 felony. Class 2 felonies have a 4-year minimum imprisonment sentence.

Those charged with aggravated assault may also face other types of punishment aside from imprisonment. These include fines, restitution, an inability to possess a firearm, a negative impact on employment, and a criminal record.

Potential Defenses for Aggravated Assault

During a criminal case, a person accused of a crime can present a defense. Defenses are used to show that the accused person was justified in acting in the manner that has been charged and therefore should not be subject to punishment.

A common defense in aggravated assault cases is self-defense. To show that a person was acting in self-defense, the accused should not be the first aggressor of the incident. They will also have to explain that they acted reasonably under the circumstances to protect themselves from physical unlawful force and therefore, their conduct should not constitute a crime. Those seeking to use a self-defense argument should work with a lawyer to articulate their defense.

A person charged with aggravated assault of a police officer or other protected individual may also seek to defend the aggravated assault charge by showing they did not know the person held such position. For example, a person may show that they could not adequately see that the police officer was in uniform or were not aware of any facts that a teacher was employed by a school district.

Defending an aggravated assault charge can be a highly complex process that includes gathering witness testimony, filing court documents, and reviewing police reports. A lawyer can be greatly useful in supporting their client’s case and mitigating sentences.

False Reporting

A person charged with aggravated assault should also be aware of potential false reporting charges. A false reporting charge could be charged together with aggravated assault, or separately.

In Arizona, false reporting is defined where a person unlawfully makes a false, fraudulent, or unfounded statement to a law enforcement agency or a person knowingly misrepresents a fact in order to interfere with law enforcement. Commonly, false reporting arises from a person providing a police officer with the wrong name or other incorrect identifying information. Additionally, false reporting may also stem from giving an officer exaggerated information about the events being investigated.

Potential Punishments for False Reporting

Generally, a false reporting charge is a Class 1 misdemeanor. Class 1 misdemeanors in Arizona may result in a minimum of no jail time to a maximum of six months in jail. False reporting charges may also carry fines up to $2,500 that the person charged with false reporting must pay. Additionally, a false reporting conviction may be used against the person convicted in future court proceedings.

In some circumstances, a false reporting charge can become more serious and be classified as a Class 6 felony. This will occur where a person has been convicted of false reporting on more than one occasion. A Class 6 felony has a minimum sentence of six months in jail with a maximum of two years.

Defenses to False Reporting

One of the most common defenses to false reporting is where a person can show they did not know the information they provided was false. For example, a person may have witnessed an incident, which from their perspective looked differently as to what actually occurred, and given those details to a police officer. This would not constitute false reporting under the law. An attorney is best suited to help make these distinctions before a court in defending a false reporting charge.

Contact an Attorney for Representation

Both aggravated assault and false reporting charges have the potential to result in jail time or large fines. If you have been accused of either aggravated assault or false reporting in Arizona, it is best to contract an experienced attorney in order to assess your case and present the best defenses to a court. A well-versed attorney will be able to evaluate the facts of your case, prepare a litigation plan, and is more likely to reach a favorable outcome on your behalf.