Assaulting a Police Officer in Arizona - Penalties and Defenses

What makes an assault against a police officer particularly serious is that the law presumes officers deserve heightened protection due to their official duties and risk exposure.

Even if the officer was not in uniform, if they identified themselves and were performing a lawful duty, the assault charge could become aggravated assault.

This distinction is important because aggravated assault on a public official such as a law enforcement officer, teacher, or congressman carries harsher penalties, even if the injury to the officer wasn’t serious.

Arizona law defines assault under Arizona Revised Statute 13-1203. A person commits assault if they:

• Intentionally or knowingly cause physical injury to another person.
• Intentionally place another person in reasonable apprehension of imminent physical injury.
• Knowingly touching another person with intent to injure, insult, or provoke.

When the victim is a police officer performing their official duties, the assault charges could lead to aggravated assault under ARS 13-1204.

What Makes It Aggravated Assault?

The law considers assault against a police officer to be more severe, especially if the victim was a police officer clearly identifiable, on duty, and acting within their official duties. These cases are classified as aggravated assault, even if the physical injury to the officer is minor.

Examples of Assault

• Pushing a peace officer during an arrest attempt can be charged as aggravated assault on a peace officer.
• Striking a law enforcement officer with an object during a protest, even if no serious injury occurs, can also be charged as aggravated assault.

When assaulting a police officer results in aggravated assault charges, the penalties increase significantly. These offenses are felony aggravated assault cases, with the penalty depending on the circumstances of the assault and the injury to the officer.

Classification and Penalties Table

These penalties apply to first-time offenders. Prior convictions can increase sentencing, especially under Arizona’s repeat offender laws.

Repeat offenders face even longer sentences, especially if the defendant has a prior felony conviction. In Maricopa County, prosecutors often push for the harshest possible outcome when the victim is a police officer.

The Arizona court system takes assault against a police officer seriously, particularly in Maricopa County. Prosecutors may view even minimal contact as assaulting a peace officer if it interferes with the officer’s official duties. Cases often escalate when the officer is a serious crime victim, even if the officer used excessive force before the alleged assault occurred.

Simply resisting arrest, pulling away from an officer, or yelling threats can lead to charges for aggravated assault.

The circumstances of the assault matter greatly. Was the officer in uniform? Was the officer’s firearm involved? Was the physical injury to the officer severe? These details determine whether the charge is a class 2 felony, a class 3 felony, or a class 5 felony.

Factors Considered

• Nature of the assault (verbal threat vs. physical attack)
• Whether the officer was in uniform
• Time of the assault (during arrest, traffic stop, etc.)
• Injury to the officer

If you’re facing aggravated assault charges, there are defense strategies that experienced assault defense lawyers like Christian Lueders can use to challenge the case.

Common Defenses

1. Self-Defense – If the officer used excessive force, you may have acted to protect yourself.
2. Lack of Intent – You must have knowingly committed the act.
3. Mistaken Identity – In chaotic situations, the assault that occurred may be unclear.
4. Officer Was Not Performing Official Duties – If the officer was not in uniform and did not identify themselves, this could challenge the charge.
5. No Physical Injury to the Officer – Without physical injury to the officer, reducing the charge may be possible.

1. Is assaulting a police officer always a felony?

Yes, in most cases, assaulting an officer in Arizona is charged as aggravated assault, which is a felony.

2. What if I didn’t know they were a police officer?

If the officer was not in uniform and did not announce their authority, this can be a defense.

3. Can resisting arrest lead to assault charges?

Yes, any physical resistance can lead to aggravated assault charges.

4. What if I’m falsely accused?

Criminal defense lawyer Christian Lueders can investigate and build a strong defense.

5. Do I need a lawyer?

Absolutely. Facing criminal charges in Arizona without a defense lawyer puts you at serious risk of facing harsh penalties and a life-long criminal record.

• Assaulting a peace officer is often charged as aggravated.
• Even minor physical contact can result in a felony.
• Assault cases involving peace officers are aggressively prosecuted.
• Penalties for assaulting a police officer can include years in prison.
• An experienced criminal defense attorney can help reduce or dismiss charges.

At Guardian Law Group, Christian Lueders leverages his former felony prosecutor experience to defend clients charged with assaulting a police officer. He understands how prosecutors build these cases and uses that knowledge to create effective defense strategies.

Whether the charges of aggravated assault stem from a misunderstanding or you acted in self-defense, Christian will fight for you in an Arizona court. Contact Guardian Law Group today for a free consultation.

Call (480) 316-4618 or visit our Contact Page to schedule your free case review, and we’ll start building your defense immediately.