What is the difference between assault and aggravated assault in Arizona?
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Statute-verified answerEvery citation resolves to Arizona statute text; every figure is checked against its section. Generated by AI, verified by code.
In Arizona, the difference is one of degree and circumstances: assault is the base misdemeanor offense, while aggravated assault is that same assault committed under certain specified aggravating circumstances, making it a felony.
Assault. A person commits assault in any of three ways: (1) intentionally, knowingly or recklessly causing any physical injury to another person; (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 that person. [1] Assault committed intentionally or knowingly by causing physical injury is a class 1 misdemeanor; committed recklessly by causing physical injury it is a class 2 misdemeanor; and assault committed by placing a person in apprehension of injury or by provocative touching is a class 3 misdemeanor. [1]
Aggravated assault. Until January 1, 2033, a person commits aggravated assault by committing assault under any of the following circumstances: [2]
1. Causing serious physical injury to another. [2]
2. Using a deadly weapon or dangerous instrument. [2]
3. Committing 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. [2]
4. Committing the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired. [2]
5. Committing the assault after entering the private home of another with the intent to commit the assault. [2]
6. Being eighteen years of age or older and committing the assault on a minor under fifteen years of age. [2]
7. Committing assault by causing physical injury or by intentional touching while in violation of an order of protection issued under section 13-3602 or 13-3624. [2]
8. Committing the assault knowing or having reason to know that the victim is: (a) a first responder or a person summoned and directed by the first responder; (b) a constable or a person summoned and directed by the constable while engaged in the execution of official duties, or if the assault results from the execution of the constable's official duties; (c) a teacher or other person employed by any school on school grounds or grounds adjacent to the school, in any part of a building or vehicle used for school purposes, a teacher or school nurse visiting a private home in the course of professional duties, or a teacher engaged in any authorized and organized classroom activity held off school grounds; (d) a health care worker while engaged in work duties, or a health care practitioner certified or licensed under title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in professional duties (with an exception where the person committing the assault lacks the ability to form the culpable mental state because of a mental disability, developmental disability or cognitive disability, or is seriously mentally ill); (e) a prosecutor while engaged in the execution of official duties or if the assault results from the execution of those duties; (f) a code enforcement officer while engaged in the execution of official duties or if the assault results from the execution of those duties; (g) a state or municipal park ranger while engaged in the execution of official duties or if the assault results from the execution of those duties; (h) a public defender while engaged in the execution of official duties or if the assault results from the execution of those duties; (i) a judicial officer while engaged in the execution of official duties or if the assault results from the execution of those duties; (j) an employee of a law enforcement agency, other than a peace officer, while engaged in the execution of official duties; (k) a public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle; (l) an airport employee who interacts with the public while engaged in work duties; or (m) a railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance. [2]
9. Knowingly taking or attempting to exercise control over a first responder's or other officer's firearm, any other weapon being used or attempted to be used by a first responder or other officer, or any implement (an object designed for or capable of restraining or injuring an individual, not including handcuffs) being used or attempted to be used by a first responder or other officer, knowing or having reason to know the victim's status. [2]
10. Being imprisoned or otherwise in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency, a county or city jail or detention facility, or a contracting entity, and committing an assault knowing or having reason to know the victim is acting in an official capacity as an employee of one of those entities. [2]
11. Using a simulated deadly weapon. [2]
12. Being aided by two or more accomplices in committing the assault, where the assault is directed at a single person and results in physical injury. [2]
Separately, until January 1, 2033, a person also commits aggravated assault by committing any form of assault where the person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth, manually or with an instrument, and any of the domestic-violence relationship circumstances set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6 exists. [2]
Classification. Aggravated assault is a felony, with the class depending on the circumstance: generally a class 3 felony for serious physical injury, use of a deadly weapon or dangerous instrument, taking an officer's firearm, or use of a simulated deadly weapon (class 2 if the victim is under fifteen); a class 4 felony for substantial disfigurement/fracture injuries, accomplice-aided assaults, or strangulation-type assaults; a class 5 felony for taking a non-firearm weapon or for custodial assaults; and a class 6 felony for the restrained-victim, home-entry, minor-victim, order-of-protection, and protected-victim-category circumstances. [2] Certain offenses against first responders, law enforcement agency employees, and prosecutors carry elevated classifications. [2]
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