Vehicle Assault Attorney in Phoenix

Potential Felony Penalties

Aggravated assault under A.R.S. § 13-1204(A)(1) or (2), including allegations based on serious physical injury or use of a dangerous instrument, is generally a Class 3 felony.

If the alleged victim is under 15 and the case falls under subsection (A)(1) or (2), the offense is classified as a Class 2 felony and is subject to the separate sentencing rules identified by statute.

Dangerous-Offense Sentencing

Arizona distinguishes the felony classification from whether the offense qualifies as a dangerous offense.

If the aggravated assault involves the use of a vehicle as a dangerous instrument and the offense is sentenced as a first dangerous Class 3 felony under A.R.S. § 13-704, the current range is:

• Minimum: 5 years
• Presumptive: 7.5 years
• Maximum: 15 years

A person sentenced under the dangerous-offense statute generally is not eligible for probation or suspension of sentence.

The applicable sentencing framework depends on the actual conviction, dangerousness allegation, prior record, victim-related provisions, and other legally relevant circumstances.

Driver’s License Consequences

Arizona law requires the Motor Vehicle Division to revoke a driver’s license after a final conviction for aggravated assault resulting from the operation of a motor vehicle.

Under the current Arizona MVD framework, that revocation is generally one year.

A revocation is different from a temporary suspension. After the revocation period ends, driving privileges are not automatically restored. The driver must satisfy applicable MVD reinstatement requirements before driving privileges can be reinstated.

Other license consequences may also arise when the underlying case includes separate DUI or traffic-related allegations.

Evidence in an Aggravated Assault Case Involving a Vehicle

Vehicle-based aggravated assault cases can turn on both the legal elements and the technical evidence surrounding the incident.

Issues that may require closer examination include:

• Mental state: Whether the evidence proves intentional, knowing, or reckless conduct under the particular assault theory charged.
• Use of the vehicle: Whether the circumstances support the State’s allegation that the vehicle was used as a dangerous instrument.
• Injury evidence: Whether medical records and other evidence establish the level of injury alleged by prosecutors.
• Driver identification: Whether witnesses, records, or other evidence reliably establish who was driving.
• Mechanical failure: Whether a vehicle defect or mechanical problem contributed to the collision.
• Impairment evidence: When DUI is alleged, whether toxicology, field observations, testing procedures, or other evidence reliably establish impairment or another relevant fact.
• Physical and witness evidence: How crash-scene evidence, vehicle damage, photographs, witness statements, and police conclusions fit together.

These are not automatic defenses. Their importance depends on the charged theory and the evidence in the individual case.

Felony Case Procedure in Maricopa County

Felony aggravated assault cases arising in Maricopa County proceed in Arizona Superior Court.

After an arrest, a defendant generally appears before a judicial officer for an initial appearance, where the court addresses the allegations, counsel, release conditions, and the next court date.

Probable cause may then be established through a preliminary hearing or grand jury proceeding. If a grand jury has already returned an indictment, there is no preliminary hearing because probable cause has already been found through the grand jury process.

After an indictment or a finding of probable cause, the case proceeds to arraignment and pretrial proceedings. Those proceedings may include disclosure, investigation, motion practice, negotiations, evidentiary hearings, and trial.

Arizona’s generally applicable speedy-trial rules ordinarily require trial within 150 days after arraignment for a defendant held in custody or 180 days for a defendant released under the applicable pretrial-release rules. Excluded periods, complex-case provisions, continuances, and other procedural events can change the actual schedule.

Felony Convictions Can Affect Civil & Firearm Rights

A felony conviction can suspend important civil rights in Arizona, including voting and firearm possession.

Some rights may later be restored under Arizona law when statutory requirements are satisfied. Firearm rights follow separate rules, and dangerous-offense convictions can carry additional restrictions.

The precise consequences depend on the conviction and the person’s prior record.

Felony Case Procedure in Maricopa County

Felony aggravated assault charges in Maricopa County are prosecuted in Maricopa County Superior Court. A case generally begins with an initial appearance, followed by a probable-cause determination through a preliminary hearing or grand jury indictment.

After an indictment or probable-cause finding, the case proceeds to arraignment. The court enters a plea on the defendant’s behalf, confirms legal representation, assigns a judge, and establishes future court dates. Pretrial conferences and motion practice may follow before a negotiated plea or trial.

Under generally applicable criminal procedure deadlines, a felony trial ordinarily must begin within 150 days of arraignment for a defendant held in custody or 180 days for a released defendant. Excluded periods, court findings, case complexity, and other procedural events can change the actual schedule and available resolutions.