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harleychico

charges??

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13-1203. Assault; classification

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

 

13-1204. Aggravated assault; classification; definition

A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

 

5. If the person commits the assault after entering the private home of another with the intent to commit the assault.

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Hi harleychico,

 

The actual wording of the criminal code can definitely get confusing.... If you look at the code sections LegalwriterOne posted:

  • 13-1203 defines the actions Arizona considers to be "assault."
  • Next, 13-1204 defines the actions Arizona considers to be "aggravated assault"-- a more serious type of assault. It is basically an "assault" carried out under the specific circumstances listed in 13-204 (e.g. entering someone's private home, using a a deadly weapon, etc).

So, for example, if you enter someone's private home planning to assault them, and then carry out the assault, that is automatically considered to be aggravated assault -- because it took place in someone's private home.

 

If you're still confused, you might want to look at FindLaw's article on aggravated assault. It gives a helpful overview of the crime, as well as some examples of different factors that might elevate a "basic assault" to an "aggravated assault." You may also consider contacting a criminal defense lawyer to discuss the issue in greater detail. Hope that helps!

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