Aggravated Assault with a Deadly Weapon Charge

In the State of Arizona, assault doesn’t just mean punching or hitting someone. The law casts a much wider net. Under ARS § 13-1203, assault can happen in three ways: by causing any physical injury to someone, by making another person fear they’re about to be hurt, or by touching someone in a way that’s meant to injure, insult, or provoke them. Any one of these actions can result in an assault charge.

Most of the time, these are charged as misdemeanors—what many people call simple assault.

That might involve a minor fight where someone ends up with a bruise, yelling at someone in a threatening way, or even something like pushing or poking someone in anger. While still serious, misdemeanor assault usually comes with less harsh penalties—possibly probation, a fine, or some jail time under six months.

However, when certain conditions are present, Arizona law increases the severity of the charge. This is when an assault becomes “aggravated.” One of the biggest triggers is the use of a deadly weapon or dangerous instrument, like a firearm or knife. Other factors, like causing serious physical injury or assaulting a police officer, can also elevate the charge to felony assault.

What starts as a basic assault can quickly turn into a felony under Arizona law if one of these aggravating factors is involved. And once that happens, the stakes rise fast. The possible penalties, the prosecutor’s approach, and the overall outcome all shift dramatically. That’s why it’s so important to understand the difference between simple and aggravated assault—because the way the assault is committed, and who is involved, can completely change the direction of your case.

Under Arizona Revised Statute §13-1204, a person commits aggravated assault when they commit assault under specific aggravating circumstances. One of the most common aggravators is the use of a deadly weapon or dangerous instrument. Assault, at its core, is defined as intentionally causing physical injury, placing someone in fear of injury, or touching them with intent to injure, insult, or provoke.

Aggravated assault with a deadly weapon occurs when a person uses or threatens to use an object that can cause death or serious injury. Common examples of deadly weapons in Arizona include firearms, knives, broken bottles, or even vehicles when used aggressively.

This charge significantly increases the potential penalties compared to simple assault. While a misdemeanor assault might result in probation or short jail time, aggravated assault is almost always a felony and can result in years in prison.

According to ARS 13-1204, an assault becomes aggravated under the following circumstances:

• The person uses a deadly weapon or a dangerous instrument
• The assault causes serious physical injury
• Assault on a police officer, firefighter, teacher, or other civil servant
• The victim is restrained or bound
• The assault occurs during the commission of another felony
• The person commits assault after entering someone’s home with intent

If a person commits assault and uses a deadly weapon, such as pointing a gun at someone or swinging a bat, it is considered aggravated assault.

Even if no injury occurs, the presence and use of a weapon automatically elevate the charge.

Arizona courts classify aggravated assault charges based on the severity of the circumstances. For example, an assault causing serious injury or involving a deadly weapon is generally charged as a Class 3 felony, while assault against a police officer may be a Class 2 felony.

If you’re arrested for assault with a deadly weapon in Phoenix or elsewhere in Maricopa County, you will likely be held in custody until a judge reviews your charges. A judge will determine bail (if any), and the prosecution may begin building its case quickly. The prosecutor will evaluate police reports, witness statements, and any physical evidence, like video or the weapon itself.

It’s common for prosecutors to file felony charges immediately, but sometimes they begin with a pre-charge investigation. If you’re contacted by police and suspect you’re under investigation, it’s critical to speak with a criminal defense attorney before making any statements. What you say early on can be used against you later.

Once charges are filed, you’ll go through arraignment, pre-trial hearings, and potentially a trial. Throughout this process, your defense attorney can negotiate with the prosecution, challenge evidence, and advocate for your release or reduced charges.

Aggravated assault charges in Arizona carry harsh penalties. For a first-time offense involving a deadly weapon, the crime is typically classified as a Class 3 felony. Sentences depend on the presence of aggravating factors and prior criminal history.

Repeat offenders or those with prior violent felonies can face longer terms under Arizona’s dangerous offender statutes.

Here’s a breakdown of potential penalties:

When facing aggravated assault with a deadly weapon charges, a solid defense is key. Christian Lueders at Guardian Law Group brings a deep understanding of how these cases are prosecuted because he used to prosecute them himself as a former felony prosecutor. Now, he uses that insight to fight for your defense.

Common defenses for aggravated assault include:

1. Self-Defense or Defense of Others
   If you used force to protect yourself or another person from harm, your actions may be legally justified.
2. Lack of Intent
   Aggravated assault requires a certain mental state. If the prosecutor cannot prove intent to commit the assault, the charges may not hold.
3. No Use of a Deadly Weapon
   A defense attorney can argue that the object was not a deadly weapon or a dangerous instrument under Arizona law.
4. Mistaken Identity or False Allegations
   In some cases, the accused is wrongly identified or falsely accused by a biased witness or alleged victim.
5. Illegal Search or Violation of Rights
   If evidence was obtained through an unlawful search or if your rights were violated (such as Miranda rights), that evidence may be suppressed.

Christian Lueders has successfully defended aggravated assault cases by challenging witness credibility, exposing investigative flaws, and negotiating reduced charges for clients.

Example 1: A Phoenix man was charged with aggravated assault after allegedly swinging a crowbar during a heated argument in a parking lot. Although no one was injured, the crowbar was considered a deadly weapon. Christian Lueders argued that the object was never used in a threatening manner and that the client acted in defense of property. The charge was reduced to a misdemeanor with no jail time.

Example 2: A woman in Tempe was accused of aggravated assault after pointing a firearm during a road rage incident. The alleged victim fled, and no shots were fired. By challenging the reliability of the eyewitness and showing a lack of intent to use the weapon, the case was dismissed.

These examples show how charges in Arizona can escalate quickly and how a strong defense can make a difference.

1.) What is considered a deadly weapon in Arizona?

According to Arizona’s aggravated assault law, a deadly weapon is any object designed for lethal use, such as a firearm. However, other objects like baseball bats or vehicles may be considered dangerous instruments depending on how they’re used.

2.) Can I be charged even if no one was hurt?

Yes. The use or display of a deadly weapon alone is enough to elevate an assault to aggravated assault under ARS 13-1204.

3.) What makes an assault “aggravated”?

Aggravating factors include the use of a deadly weapon, serious physical injury, targeting certain public workers, or committing the assault during another felony.

4.) Is aggravated assault always a felony?

Yes. Aggravated assault in Arizona is classified as a felony. The level depends on the specifics of the case—Class 2 or Class 3 in most weapon-related cases.

5.) Can I get probation if convicted?

Not usually. Aggravated assault with a deadly weapon is classified as a “dangerous offense” and requires mandatory prison time under Arizona sentencing guidelines.

6.) Can the charges be dropped or reduced?

Possibly. An experienced Phoenix criminal defense attorney can negotiate with the prosecutor, challenge evidence, or push for a plea agreement that avoids prison time.

• Aggravated assault with a deadly weapon is a felony under ARS 13-1204.
• You can be charged even if no one was physically hurt.
• A deadly weapon includes firearms, knives, or objects used dangerously.
• Penalties include mandatory prison time and potential life sentences for repeat offenders.
• A skilled criminal defense attorney can challenge the evidence, assert defenses like self-defense, and fight for a reduced charge or dismissal.

When you’re facing aggravated assault with a deadly weapon charges, hiring the right criminal defense attorney can be the most important decision you make. Christian Lueders, founder of Guardian Law Group, has a distinct edge—he’s a former felony prosecutor who knows how the state builds these cases and where they fall apart.

Christian brings years of courtroom experience, strong relationships with Phoenix-area prosecutors and law enforcement, and a reputation for aggressive, strategic defense. Whether it’s challenging the credibility of a witness, negotiating with the prosecution, or fighting your case in front of a jury, he knows how to protect your rights at every stage.

At Guardian Law Group, we offer free consultations, so you can speak directly with an attorney before deciding on your next steps. If you’re under investigation or already charged, don’t wait.

Call (480) 316-4618 or visit our Contact Page to schedule your confidential consultation today.