Arizona Assault Statute: Penalties, Enhancements, and Defenses

Assault penalties in Arizona run from 30 days in jail for the lowest-level misdemeanor to 21 years in prison for the most serious dangerous felony. Where a specific case lands depends on three things: whether the conduct is charged as simple or aggravated assault, whether a deadly weapon or dangerous instrument was involved, and whether the defendant has prior felony convictions. A single aggravating factor can turn what would have been a misdemeanor into a felony carrying mandatory prison time with no possibility of probation.

Simple Assault Penalties

Under A.R.S. 13-1203, simple assault is a misdemeanor, and the class depends on what the defendant did and with what mental state.¹ Intentionally or knowingly causing physical injury is a Class 1 misdemeanor. Recklessly causing injury drops to a Class 2. Placing someone in reasonable fear of imminent harm, or touching them to insult or provoke, is a Class 3.

The maximum jail time for each class is fixed by statute:²

Class 1 misdemeanor: up to six months in jail and a fine of up to $2,500.³
Class 2 misdemeanor: up to four months in jail and a fine of up to $750.
Class 3 misdemeanor: up to 30 days in jail and a fine of up to $500.

Jail is the ceiling, not the floor. Courts routinely impose probation, community service, and anger management in place of, or in addition to, incarceration. Restitution is mandatory whenever the victim suffered economic losses. Arizona law requires courts to order full restitution covering medical bills, lost income, and other out-of-pocket costs.⁴

Aggravated Assault Penalties

Aggravated assault under A.R.S. 13-1204 is a felony, and the sentence depends on two things: the felony class and whether the offense is classified as “dangerous.”⁵ That dangerous classification is the single biggest driver of prison time. It also eliminates probation as an option.

Non-Dangerous Aggravated Assault

When the assault did not involve a deadly weapon or dangerous instrument and does not otherwise qualify as dangerous, first-time offender ranges are:⁶

Class 6 felony: presumptive one year (range: six months to two years).
Class 5 felony: presumptive 1.5 years (range: nine months to 2.5 years).
Class 4 felony: presumptive 2.5 years (range: 1.5 to 3.75 years).
Class 3 felony: presumptive 3.5 years (range: 2.5 to 8.75 years).
Class 2 felony: presumptive five years (range: four to 12.5 years).

For non-dangerous cases, a judge may grant probation instead of prison, depending on the facts and the defendant’s history.

Dangerous Aggravated Assault

If the assault involved a deadly weapon or dangerous instrument, or otherwise qualifies as dangerous, the ranges jump and probation is unavailable. A person sentenced as a dangerous offender cannot receive probation, a suspended sentence, or early release until the full term is served.⁷

Class 6 felony: 1.5 to 3 years.
Class 5 felony: 2 to 4 years.
Class 4 felony: 4 to 8 years.
Class 3 felony: 5 to 15 years.
Class 2 felony: 7 to 21 years.

The practical gap is enormous. A Class 3 non-dangerous aggravated assault might end in probation. The same offense committed with a knife pushes the minimum to five years of mandatory prison time.

What Turns Simple Assault Into Aggravated Assault

Several factors under A.R.S. 13-1204 elevate a case to aggravated status. The most common triggers include causing serious physical injury, using a deadly weapon or dangerous instrument, causing a fracture or temporary but substantial disfigurement, assaulting a restrained victim, entering a private home to commit the assault, an adult 18 or older assaulting a child under 15, or committing an assault while violating a protective order.⁵

The identity of the victim also matters. Arizona elevates the charge when the person assaulted is a peace officer, first responder, prosecutor, teacher or school employee on or near school grounds, healthcare worker on duty, judicial officer, public defender, code enforcement officer, park ranger, public transit employee, airport employee, or railway worker, when that person is performing official duties.⁵

The felony class depends on the specific combination of facts:⁵

Class 2 felony: serious physical injury or use of a deadly weapon against a first responder, law enforcement employee, or prosecutor; also assault causing serious injury to a child under 15.
Class 3 felony: serious physical injury or deadly weapon use in most other situations, or a fracture or disfigurement to a first responder.
Class 4 felony: fracture or temporary substantial disfigurement of a non-protected victim; strangulation in a domestic violence context.
Class 5 felony: certain assaults by inmates on staff, or assaults on constables without physical injury.
Class 6 felony: assault on a restrained victim, entry into a home to commit assault, adult assaulting a child under 15 without serious injury, or violation of a protective order.

Repeat Offender Enhancement

Prior felony convictions push sentences well beyond the first-time ranges. A defendant with one prior felony, called a “category two” repetitive offender, faces significantly higher numbers. A Class 3 felony, for example, jumps to a presumptive 6.5 years with a maximum of 16.25 years in aggravated cases.⁸ Multiple priors push the numbers higher still.

Domestic Violence Adds Its Own Penalties

An assault between family members, romantic partners, or household members gets a domestic violence designation under A.R.S. 13-3601.⁹ The underlying assault charge and its penalty range stay the same, but the DV label adds requirements on top.

A first-time misdemeanor domestic violence conviction requires completing a court-ordered offender treatment program. Two misdemeanor DV convictions within five years can lead to supervised probation with mandatory incarceration. A third domestic violence offense within seven years becomes aggravated domestic violence, a Class 5 felony with a mandatory minimum of four months in jail before any probation. A fourth or subsequent offense requires at least eight months.¹⁰

Domestic violence findings also affect child custody. When a court finds significant domestic violence occurred, it cannot award joint custody and must treat the violence as contrary to the child’s best interests.

Consequences Beyond Jail and Prison

Loss of Civil Rights

A felony conviction in Arizona suspends the right to vote, hold public office, serve on a jury, and possess a firearm.¹¹ Some rights can be restored after the sentence is complete, but firearm rights for certain offenses require a separate restoration process.

Federal Firearms Ban After a DV Conviction

A misdemeanor domestic violence conviction, no matter how minor, triggers a lifetime federal ban on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9).¹² The ban applies even to a Class 3 misdemeanor if it carries a DV designation, and it survives completion of the sentence. The only statutory exceptions are if the conviction is expunged, pardoned, or set aside in a way that also restores firearm rights under the laws of the convicting jurisdiction.

Immigration Consequences

For non-citizens, an assault conviction can create immigration exposure. Assault offenses that involve intentional infliction of significant bodily harm may be classified as crimes involving moral turpitude, which can trigger deportation or make a person inadmissible for visa renewals or adjustment of status. Aggravated assault convictions with a sentence of one year or more carry especially serious immigration risks. Anyone who is not a U.S. citizen should consult an immigration attorney before accepting any plea on an assault charge.

Civil Lawsuits

The victim of an assault can also sue for monetary damages, and that lawsuit runs independently of the criminal case. The civil standard is lower: the victim only needs to show the assault more likely than not occurred. A civil judgment can cover medical expenses, lost wages, pain and suffering, and punitive damages, none of which are fully captured by criminal restitution. Arizona courts must order restitution in the full amount of the victim’s economic loss as part of the criminal sentence,⁴ but a civil verdict can go further. An acquittal in the criminal case does not block a civil suit, because the two proceedings use different evidentiary standards.

Clearing an Assault Conviction Later

Arizona does not offer traditional expungement, but two forms of post-conviction relief can soften the long-term effect of an assault record.

Under A.R.S. 13-905, a person who has completed all conditions of the sentence can apply to have the judgment of guilt set aside.¹³ A set-aside doesn’t erase the conviction, but it releases the person from most penalties and disabilities that come with it. There is no filing fee. Set-asides are not available for dangerous offenses, sex offender registration offenses, crimes with a finding of sexual motivation, or felonies against children under 15, which means most weapons-based aggravated assaults will not qualify.

Sealing under A.R.S. 13-911 goes further by restricting public access to the case records. Sealing requires completing the sentence, including paying fines and restitution, and waiting a set period after discharge:¹⁴

Class 2 or 3 misdemeanor: two years after completing the sentence.
Class 1 misdemeanor: three years.
Class 4, 5, or 6 felony: five years.
Class 2 or 3 felony: ten years.

A prior historical felony adds another five years to any of these periods. Sealing is unavailable for dangerous offenses, crimes involving the knowing infliction of serious physical injury, offenses where a deadly weapon is an element, dangerous crimes against children, or violent or aggravated felonies.¹⁴ Many aggravated assault convictions fall into one of these excluded categories, so the most serious cases usually cannot be sealed at all.

1
Arizona Legislature. Arizona Code 13-1203 – Assault; Classification
2
Arizona Legislature. Arizona Code 13-707 – Misdemeanors; Sentencing
3
Arizona Legislature. Arizona Code 13-802 – Fines
4
Arizona Legislature. Arizona Code 13-603 – Sentences of Imprisonment, Fines, Restitution, Community Service
5
Arizona Legislature. Arizona Code 13-1204 – Aggravated Assault; Classification; Definitions
6
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition
7
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
8
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
9
Arizona Legislature. Arizona Code 13-3601 – Domestic Violence; Definition; Classification; Sentencing Option
10
Arizona Legislature. Domestic Violence Issue Brief
11
Arizona Legislature. Arizona Code 13-904 – Suspension of Civil Rights and Occupational Disabilities
12
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
13
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
14
Arizona Judicial Branch. Completing the Petition to Seal Criminal Case Records