The best defense for aggravated assault if self-defense. Under Arizona law a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.
In the following situations, the threat or use of physical force against another are not justified:
1. In response to verbal provocation alone; or
2. To resist an arrest by a peace officer or by a person acting in a peace officer’s presence and at his direction; or
3. If the person provoked the other’s use or attempted use of unlawful physical force.
Remember, aggravated assault is not just the use of physical force. It may include the threat to use physical force like brandishing a weapon (pointing a gun, unsheathing of a knife or swinging a baseball bat with the intent to injure someone.)
Justification for the use of deadly physical force is:
A. A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against the other under A.R.S § 13-404 (See above), and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful deadly physical force.
B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
Aggravated Assault is a felony. Ranges for punishment go from Class 6 all the way to a Class 2 felony. That means that the presumptive commits (punishment) can be as little as 180 days all the way to 12.5 years for a first time offender. Please call us if you have any questions.
Go hear to see a full version of the aggravated assault Statute: https://www.azleg.gov/ars/13/01204.htm
