Violent Crimes

Aggravated Assault

Aggravated Assault is a common offense charged by the Maricopa County Attorney’s Office.

A defendant can be charged with Aggravated Assault if he/she:

• Causes serious physical injury to another;
• Uses a deadly weapon or dangerous instrument to assault another;
• Commits assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part;
• Commits an assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired;
• Enters the home of another with the intent to cause physical injury;
• If the person is eighteen (18) years of age or older and commits the assault on a child who is fifteen (15) years of age or younger;
• If the person commits assault while an Order of Protection is in place;
• Has reason to know that the person the defendant is assaulting is a peace officer, firefighter, schoolteacher, health practitioner or prosecutor;
• Knowingly takes or attempts to take a police officer’s firearm or any weapon or implement other than a firearm that a police officer is attempting to use; or
• If the person is imprisoned and commits an assault on a person knowing that the person is an employee of the institution wherein he/she is imprisoned.

The exhibition of a deadly weapon or dangerous weapon may also qualify as an aggravated assault.  There are several types of Aggravated Assaults and many are very serious, such as Assault with a Deadly Weapon, Assault with a Dangerous Instrument, or Assault that causes Serious Physical Injury. In these cases, Aggravated Assault is a Class 3 Felony.

Some types of Aggravated Assault are more serious than others.  If convicted of an Aggravated Assault charge involving the use or threatened use of a deadly weapon or dangerous instrument, the defendant will face a range of prison sentences from five (5) to fifteen (15) years with no option of probation.

If a person is accused of assaulting a police officer and a deadly weapon or dangerous instrument is involved, that person could be charged with Aggravated Assault on a Police Officer as a class 2 Dangerous Felony, punishable by seven (7) to twenty-one (21) years in prison.

Robbery

Robbery when no weapon is used is a Class 4 Felony. Robbery occurs when a defendant uses or threatens force against the owner of property in the course of committing a theft against that owner with the purpose of taking property from the rightful owner.  Robbery can also occur when property is taken from someone who has lawful possession of the property but is not the property owner.

Armed Robbery

A defendant commits Armed Robbery by committing Robbery while the defendant or his/her accomplice is armed with a deadly weapon, or threatens to use a deadly weapon or dangerous instrument.  Armed Robbery can be committed even if the deadly weapon or dangerous instrument is simulated or not real.  The Maricopa County Attorney’s Office often charges a person with Armed Robbery if a person simulates a gun with his her fingers.  Armed Robbery is a Class 2 Felony offense and subject to mandatory prison time if it involves a deadly weapon or dangerous instrument

Aggravated Robbery

Aggravated Robbery occurs if Robbery is committed with the aid of an accomplice.  Aggravated Robbery is a Class 3 Felony.

Simple Assault

The crime of assault in Arizona can be committed in three different ways:

• Intentionally, knowingly or recklessly causing a physical injury to another person;
• Intentionally placing another person in reasonable apprehension of imminent physical injury; or
• Knowingly touching another person with the intent to injure, insult or provoke.

All of the types of Simple Assault are misdemeanors in Arizona.

First Degree Murder

In Arizona, First Degree Murder is the most serious type of felony offense.  First Degree Murder can be committed two ways.  The first way is when a person causes the death of another person with premeditated intent or knowledge.  The second way First Degree Murder can occur is when a death results during the commission of another enumerated dangerous felony, or if the death of a law enforcement officer who is in the line of duty occurs during the commission of a felony. This is sometimes called “Felony Murder.”  For Felony Murder, whether the defendant intended to cause the death does not matter.  An example is as follows: two people are robbing a store and, during the course of the robbery, the accomplice kills the store clerk. The accomplice’s intent may have been just to rob the store of money but since the clerk died as a result of the felony crime of robbery, both people will likely be charged with Felony Murder.

First Degree Murder is a Class 1 Felony and is punishable by natural life imprisonment, life imprisonment without the possibility of parole for 25 years or the death penalty.

Second Degree Murder

Second Degree Murder is a lesser type of murder than First Degree Murder and is committed when a victim dies after a defendant intends or knows that his or her conduct will cause death or expresses an extreme indifference to human life by creating a grave risk. The Maricopa County Attorney’s Office sometimes charges Second Degree Murder in a D.U.I. alcohol-related accident where a person dies as a result of an impaired driver.

Second Degree Murder is also a Class 1 Felony and if convicted the mandatory sentence is no less than ten (10) and no more than twenty-two (22) years imprisonment.

Manslaughter

In Arizona, Manslaughter occurs when a defendant:

• Recklessly causes the death of another;
• Commits Second Degree Murder upon a sudden quarrel or heat of passion resulting from provocation by the alleged victim;
• Aids another to commit suicide; 
• Commits Second Degree Murder while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force which a reasonable person in his situation would be unable to resist; or
• Knowingly or recklessly causes the death of an unborn child by any physical injury to the mother.

In Arizona, Manslaughter is a Class 2 Felony.  The Maricopa County Attorney’s Office often charges a defendant with manslaughter in accidents wherein the cause of death can be attributed to the accused driving under the influence (DUI).

Vehicular Manslaughter

In Arizona, a defendant could be charged with Vehicular Manslaughter if he/she recklessly causes the death of another person while operating a motor vehicle. An example is when a defendant is driving a vehicle and suspected to be under the influence of alcohol or drugs and an accident occurs that results in someone's death.

Negligent Homicide

Negligent Homicide occurs when a person causes the death of another person, including an unborn child, with criminal negligence.  Negligent Homicide is a Class 4 Felony punishable by a minimum prison term of four (4) years and a maximum of sixteen (16) years.

Kidnapping

In Arizona, Kidnapping is charged in a variety of circumstances.  A defendant commits Kidnapping when he/she knowingly restrains another person with the intent to:

• Hold the victim for ransom, as a shield or hostage;
• Hold the victim for involuntary servitude;
• Inflict death, physical injury or a sexual offense on him/her;
• Force the victim to aid the defendant in the commission of another felony;
• Place the victim or a third person in reasonable apprehension of imminent physical injury;
• Interfere with a government or political function; or
• Seize or control any airplane, train, bus, ship or other vehicle.

Kidnapping is a Class 2 Felony unless the victim is released voluntarily by the defendant without physical injury in a safe place, in which case Kidnapping becomes a Class 4 Felony.

Dangerous Offenses

A Dangerous Offense occurs when a victim suffers serious physical injury or if the crime involves the discharge, use, threatened use or exhibition of a deadly weapon or dangerous instrument.

Misconduct Involving Weapons

Misconduct Involving Weapons occurs in a variety of circumstances.  The following are the most common forms of Misconduct Involving Weapons in Arizona:

• If a person carries a concealed deadly weapon on his/her person or with him/her in his/her vehicle without a permit;
• If a person manufactures, transports, possesses or sells a prohibited weapon;          
• If a person possesses a deadly weapon on school grounds;
• If a person supplies a firearm to another person when the defendant has reason to know that the person would use that firearm for the commission of a felony; or
• If a person possesses a deadly weapon and the person is a prohibited possessor. 

The most common prohibited weapons under Arizona law include the following: an explosive, poisonous, or incendiary gas, bomb, grenade, rifle with barrel length of less than sixteen (16) inches or shotgun with barrel length of eighteen (18) inches, and nunchaku.

A prohibited possessor is a person who has been convicted of or adjudicated delinquent for a felony and has not had his or her civil rights restored, who is imprisoned in a correctional or detention facility or who is serving a term of probation for a domestic violence offense.

Animal Cruelty

Animal Cruelty is a Class 6 Felony in Arizona under the following circumstances:

• Intentionally or knowingly subjecting any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
• Intentionally or knowingly subjecting any animal to cruel mistreatment.
• Intentionally or knowingly interfering with, killing or harming a working or service animal without either legal privilege or consent of the owner.
• Intentionally or knowingly allowing any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
• Intentionally or knowingly obtaining or exerting unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.

Animal Cruelty is a Class 1 Misdemeanor if a person:

Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.

Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.

Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.

Recklessly subjects any animal to cruel mistreatment.

Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.

Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
8. Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.

Illegal Discharge of a Firearm

Arizona voters changed the law in 2000 to make prison mandatory for those convicted of recklessly discharging a firearm within city limits.  Illegal Discharge of a Firearm is a Class 6 Felony.

Endangerment

If a person recklessly endangers another person with substantial risk of imminent death or physical injury, he/she could be guilty of endangerment.  Though endangerment is a Class 6 Felony in Arizona, the Maricopa County Attorney’s Office often charges Endangerment as a Dangerous Offense, mandating prison time upon a conviction.

Disorderly Conduct

Disorderly conduct, more commonly known as Disturbing the Peace, can be committed in various ways in Arizona. 

Disorderly Conduct is a Class 1 Misdemeanor if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

• Engages in fighting, violent or seriously disruptive behavior,
  
• Makes unreasonable noise,
• Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person,
• Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
• Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency.

Disorderly Conduct becomes a Class 6 Felony if with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person recklessly handles, displays, or discharges a deadly weapon or dangerous instrument.  Under this section, the Maricopa County Attorney’s Office could charge the offense as a Dangerous offense, mandating prison time if convicted.

Stalking

When a person engages in a course of conduct towards a specific person by staying in visual or physical proximity to that person or directing threats to a person on at least two occasions, the defendant may be charged with Stalking.  If the victim reasonably fears his/her safety or the safety of his/her immediate family member, then the defendant can be charged with a Class 5 Felony.  If a person reasonably causes a person to fear his/her death or the death of his/her immediate family member, Stalking becomes a Class 3 Felony. 

Child Abuse

Any person who abuses a child under circumstances likely to cause death or serious physical injury, and causes them to suffer physical injury or causes them to be placed in a dangerous situation, could be found guilty of Child Abuse.  If done intentionally and on a victim under the age of fifteen (15), the offense is considered a Class 2 Felony and could be a Dangerous Crime Against Children (DCAC), subject to life imprisonment without the possibility of parole until thirty-five (35) years has been served.  If this type of Child Abuse is committed by reckless conduct, the offense is a Class 3 Felony and if committed by criminally negligent conduct, the offense is a Class 4 Felony.

If the circumstances of the abuse are not likely to cause death or other serious physical injury the offense is classified as a less serious Child Abuse charge.  If done intentionally, the offense is considered a Class 4 Felony.  If this type of Child Abuse is committed by reckless conduct, the offense is a Class 5 Felony and if committed by criminally negligent conduct, the offense is a Class 6 Felony.

Self-Defense

Self-defense can be a very powerful defense to the use of physical or deadly force in Arizona.  Prior to the legislature changing the law recently, a defendant had to prove that he/she acted in self-defense before a jury could return a judgment of acquittal.  The law has since changed, however, and now requires an acquittal if the State of Arizona is unable to disprove that a defendant acted in self-defense.  This is a subtle yet important change.

Arson

A person commits Arson in Arizona by knowingly damaging a structure or property by knowingly and unlawfully causing a fire or explosion. What class of felony a person is charged with if the crime involves Arson depends on different factors, such as:

• Whether or not the structure damaged was occupied; and
• The dollar amount of the value of the property destroyed.

Resisting Arrest

A person will be charged with Resisting Arrest if he/she intentionally prevents or attempts to prevent law enforcement from arresting him or her by using or threatening physical force against the officer or another. A person can also be charged with Resisting Arrest when his/her conduct creates a substantial risk of causing physical injury to the officer or another. Resisting Arrest is a Class 6 Felony.

Unlawful Imprisonment

Unlawful Imprisonment is knowingly restraining another person unless otherwise allowed to do so by law. Examples of lawful types of protected Imprisonment include a police officer engaging in official duties or a person who is a relative of the alleged victim and whose sole intent is to assume lawful custody of that person.  Unlawful Imprisonment is a Class 6 Felony unless the victim is released without physical injury to a safe place prior to arrest, in which case the offense becomes a Class 1 Misdemeanor.