Aggravated Assault and Resisting Arrest are both crimes that carry multiple legal consequences, which depend upon the severity of the individual act(s) committed. In both cases, the crime can be interpreted as mild as a misdemeanor or as severe as a felony.
According to Arizona law, an aggravated assault takes place when an individual causes serious physical injury to another, if an individual uses a deadly weapon against another, if a person commits assault by force which results in the disfigurement of the attacked (victim), if an individual assaults another who is physically restrained, if an individual attempts to enter the home of another with the intent to commit assault – the list goes on.
In addition to the aforementioned regulations, certain occupations are also noted specifically in Arizona law when it comes to protections against aggravated assault. For example, assault against teachers and/or other school personnel (when on school campus), police officers, firefighters, and public defenders – among others – are considered aggravated assault. In the state, aggravated assault carries strict and severe consequences.
In comparison, resisting arrest holds a bit more variation in the eyes of the law and can have a range of consequences depending upon the severity of the case. For example, withholding information that could lead to arrest (or passively resisting arrest) may be categorized as a misdemeanor, while actively using physical force against a police officer in order to resist arrest carries a more significant weight and can be considered a felony.
Three statute definitions must be met in the state of Arizona in order to qualify an action as assault: intention, knowledge, and recklessness. An individual must intend to act in a manner or engage in conduct that is considered assault. That individual must be aware (knowledgeable) of their actions. Finally, the individual must be aware of and – despite this awareness – disregard the risk/consequences of their actions; therefore, behaving in a manner that is considered reckless.
Depending on how an action fits into the above three statutes, it may be defined within any of the following categories:
Class 1 through Class 3 Assault categories are misdemeanors and carry various sentences and fines; the highest of which is that of Class 1. A Class 1 Assault carries a maximum sentences of six months in jail and fines of up to $2,500. These numbers incrementally decrease from Class 1 to Class 2, and from Class 2 to Class 3, being 4 months or 30 days in jail, $750 or $500 in fines respectively.
The final category is Aggravated Assault. This can be considered a Class 2 to Class 5 felony depending upon the context and/or circumstances of the act. If the assault is considered a dangerous offense, then jail time is mandatory with a prison sentence of up to 15 years – even for a first offense.
Also housed under the “assault” umbrella in Arizona are threatening and intimidation laws. Rather than punishing an offender for causing physical harm, these laws protect victims from being threatened with violence. These are a Class 1 misdemeanor offense. On the other hand, threatening the witness of a crime, for example, is automatically a Class 3 felony.
You may also see assault categories broken down into “aggravated” and “simple”. A simple assault can be defined as an attack without a weapon. In order for an action to be qualified as “simple,” little to no injury can take place to the victim. On the other hand, aggravated assault is an attack (or attempted attack) that includes the use of a weapon and results in major injury.
Just as you’ve likely heard of assault, you’ve probably also heard of the term “assault and battery”. But what does this mean exactly in the eyes of the law?
Both crimes relate to the threat of harm or the physical act of harm toward another person. In Arizona, assault is often considered to be less serious than battery. Battery is the result of physically assaulting someone, while an individual can be charged with assault just by making threats (no physical harm or content has to be made up.)
Battery is often the name given to “aggravated assault” charges – the two terms interchangeable. In order for an individual to be charged with battery, physical harm must be done. Battery is the “follow-through” of the threat of assault. You will often find “assault” and “battery” being charged together; specifically, if assault leads to battery.
And just like there are numerous ways of categorizing assault and/or battery, there are also multiple ways to defend yourself against them (legally speaking). You might argue self-defense or that your actions were in the direct defense of another person. It’s also possible to argue, depending on the circumstances, that you are not the responsible party. If you can prove that the altercation was started by or largely involved another individual (or individuals), you may have a stronger defense against these charges.
After an altercation such as those described above, occasionally the guilty party will try to flee in order to avoid being arrested. This is called “resisting arrest” and can be used to describe any attempt (made by a criminal) to evade police and prevent being arrested (regardless of the charges brought against them).
Resisting arrest can be defined as using physical violence – physically fighting the police when an attempt at an arrest is being made – or engaging in what is known as “passive resistance,” such as running away. Resisting arrest, when force is used, is considered a felony, while passive resistance is often categorized as a misdemeanor. Of course, these laws are always subject to change based on the evolution of state laws and how laws are interpreted by the court system.
It is extremely important to note that in Arizona – as with other states throughout the U.S. – resisting arrest can and will lead to an increase in your charges and/or sentencing. This means that you could now be facing a felony instead of a misdemeanor, or multiple misdemeanors instead of just one. This could mean an additional 6-18 months in prison depending upon certain factors such as the levels of violence used.
Additionally, depending upon the violence used when a criminal is resisting arrest, these actions can lead to an additional assault charge. For example, in the Arizona case State vs. Jurden, Jurden attempted to resist arrest by becoming physically violent with the arresting officers, and this tacked on an additional aggravated assault charge after his arrest.
For starters, do NOT resist arrest. Fighting or running from the police will only make matters worse. Instead, reach out to a professional, experienced lawyer to help you through the arrest, arraignment, and trial processes. A lawyer will be able to help you build a proper defense and utilize legal means to argue your case.
Don’t injure your credibility by attempting to escape arrest. Trust us, as veteran lawyers in the field of criminal law, we guarantee that it never works. Do yourself a favor and consult with a lawyer.
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