Prior felony convictions do not all fit the same sentencing category. Arizona has separate provisions for repetitive offenders and dangerous offenders, with different requirements for prior convictions. For aggravated assault charges in Buckeye, the prior conviction records and the sentencing allegation need to be considered together.
At Guardian Law Group, we provide aggressive defense for individuals accused of violent crimes with prior records. Our attorneys understand how to fight serious felony charges while working to prevent prior convictions from increasing the consequences.
What Is Aggravated Assault Under Arizona Law?
Aggravated assault in Arizona is defined under A.R.S. § 13-1204 and involves assault with certain aggravating factors, such as:
- Causing serious physical injury
- Using a deadly weapon or dangerous instrument
- Committing assault against a police officer, firefighter, or healthcare worker
- Assault committed in a home invasion or while restrained
- Assault while violating a protection order
These offenses are typically classified as Class 2, 3, or 4 felonies depending on the circumstances and the injuries involved.
How Prior Felonies Impact Sentencing
If you’ve previously been convicted of a felony, Arizona law considers you a “repeat offender.” This can trigger enhanced sentencing under A.R.S. § 13-703, which outlines longer minimum and maximum prison terms for defendants with one or more “historical prior felony convictions.”
For example:
- A Class 3 aggravated assault normally carries 5 to 15 years if a dangerous offense is alleged.
- With one historical prior, that range increases to 10 to 20 years.
- With two priors, the sentence may reach 15 to 25 years or more, depending on the offense.
Even if your prior felonies were for non-violent crimes, they can still enhance the punishment for a new aggravated assault charge.
Common Defenses in Repeat Offender Assault Cases
At Guardian Law Group, we analyze every detail of your case to build a strong, customized defense. Key defenses in aggravated assault cases involving prior felonies include:
- Self-defense or defense of others
- Lack of intent to cause injury
- Disputing the identity of the alleged aggressor
- Challenging the validity or admissibility of prior convictions
- Arguing that the offense does not meet the legal definition of “dangerous”
We also scrutinize how police handled the investigation. If your rights were violated or the evidence is weak, we may file motions to suppress evidence or reduce the charges.
The Importance of Strategic Negotiation
When prior felonies are involved, prosecutors often pursue maximum penalties. However, skilled legal advocacy can shift the outcome. We often negotiate for:
- Reduction of charges to non-dangerous offenses
- Exclusion of prior felonies from sentencing enhancements
- Probation or lower prison terms in appropriate cases
- Mental health or substance abuse alternatives when applicable
By preparing your case for trial and leveraging weaknesses in the state’s evidence, we put you in the strongest possible position to secure a favorable resolution.
FAQs About Aggravated Assault and Prior Felonies in Arizona
Will a prior non-violent felony still increase my sentence?
Yes. Even if your prior wasn’t violent, Arizona’s sentencing laws still apply enhancements for historical prior felonies.
Can prior felonies be challenged or excluded?
In some cases, yes. We may be able to dispute whether the prior qualifies as “historical,” or challenge its admissibility if there were legal issues in the original conviction.
What if I’m already on probation or parole?
New felony charges can result in a probation or parole violation, leading to additional penalties. We address both matters strategically to minimize long-term consequences.
Contact Guardian Law Group
If you’re facing aggravated assault charges in Buckeye and have prior felony convictions, you need an experienced legal team immediately. The right defense can protect your future and limit the impact of your past.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.