DIFFERENT CLASSES OF AGGRAVATED ASSAULT FELONIES
Class 2 Aggravated Assault (Non-Dangerous)
If you have been charged with Aggravated Assault under § 13-1204(A), paragraph 1 or 2, and the alleged victim was under 15 years-old , than it will be charged as a class 2 felony and it could be punished as a Dangerous Crime Against Children under § 13-705. Also, if the victim was a peace officer or a prosecutor, and paragraph 1 or 2 applies, it will be charged as a class 2 felony and could trigger a special sentence (discussed below).
In Arizona, the punishment for a class 2 felony conviction with no prior felony convictions is a presumptive of 5 years in the Department of Corrections. This can be increased up to 12.5 years with significant aggravation and can be reduced to 3 years with significant mitigation. Probation would be available for a first conviction; however, the punishment can be severely increased if the state alleges prior felony convictions, or other sentencing enhancements.
Class 3 Aggravated Assault (Non-Dangerous)
If you have been charged with Aggravated Assault under § 13-1204(A), paragraph 1, 2, 9(a) or 11, then you are looking at a class 3 non-dangerous felony if the offense was not charged as a dangerous felony. If the Aggravated Assault was charged under paragraph 3, and the victim was a peace officer or a prosecutor, it will be charged as a class 3 felony instead of a class 4.
In Arizona, the punishment for a Class 3 felony conviction with no prior felony convictions is a presumptive of 3.5 years in the Department of Corrections. This can be increased up to 8.75 years with significant aggravation and can be reduced to 2 years with significant mitigation. Probation would be available for a first conviction; however, the punishment can be severely increased if the state alleges prior felony convictions, or other sentencing enhancements.
Class 4 Aggravated Assault
If you have been charged with Aggravated Assault under §13-1204(A), paragraph 3 or subsection B, then you are looking at a class 4 non-dangerous felony if the offense was not charged as a dangerous felony. If the Aggravated Assault was charged under paragraph 8(a), and the victim was a peace officer who suffered ANY physical injury, it will be charged as a class 4 felony instead of a class 5.
In Arizona, the punishment for a Class 4 felony conviction with no prior felony convictions is a presumptive of 2.5 years in the Department of Corrections. This can be increased up to 3.75 years with significant aggravation and can be reduced to 1 year with significant mitigation. Probation would be available for a first conviction; however, the punishment can be severely increased if the state alleges prior felony convictions, or other sentencing enhancements.
Class 5 Aggravated Assault
If you have been charged with Aggravated Assault under §13-1204 (A), paragraph 9(b) or 10 then you are looking at a class 5 non-dangerous felony if the offense was not charged as a dangerous felony.
In Arizona, the punishment for a Class 5 felony conviction with no prior felony convictions is a presumptive of 1.5 years in the Department of Corrections. This can be increased up to 2.5 years with significant aggravation and can be reduced to 6 months with significant mitigation. Probation would be available for a first conviction; however, the punishment can be severely increased if the state alleges prior felony convictions, or other sentencing enhancements.
Class 6 Aggravated Assault
If you have been charged with Aggravated Assault under §13-1204(A), paragraph 4, 5, 6, 7, 8, or 9(c) , then you are looking at a class 5 non-dangerous felony if the offense was not charged as a dangerous felony.
In Arizona, the punishment for a Class 6 felony conviction with no prior felony convictions is a presumptive of 1 year in the Department of Corrections. This can be increased up to 2 years with significant aggravation and can be reduced to 4 months with significant mitigation. Probation would be available for a first conviction; however, the punishment can be severely increased if the state alleges prior felony convictions, or other sentencing enhancements.