Aggravated Assault on a Minor (under the age of 15) in Arizona

Aggravated assault is a serious criminal offense in Arizona, but when the victim is a child under 15 years old, the legal consequences become much more severe. This specific type of charge can result in lengthy mandatory prison sentences, lifelong repercussions, and classification as a “Dangerous Crime Against a Child” (DCAC). Understanding the legal definition, potential penalties, and defense strategies is necessary for anyone facing or concerned about these charges in Arizona.

What Is Considered Assault on a Minor in Arizona?

Assault on a minor in Arizona occurs when someone knowingly, intentionally, or recklessly causes physical injury to a person under 18 years of age, places them in reasonable apprehension of imminent physical injury, or makes physical contact with the intent to injure, insult, or provoke them. When the victim is under 15 years old and certain aggravating factors are present, the offense becomes aggravated assault with substantially enhanced penalties.

Interactions with children that involve physical contact can lead to serious felony charges in certain circumstances. Disciplinary actions may be classified as criminal assault if prosecutors determine they exceeded reasonable and appropriate discipline under Arizona law.

Legal Definition of Aggravated Assault on a Minor

Under Arizona law, assault becomes “aggravated” when specific elements are present during the commission of the offense. According to Arizona Revised Statutes (ARS) § 13-1204, aggravated assault occurs when a person commits assault and:

• Causes serious physical injury to another person
• Uses a deadly weapon or dangerous instrument
• Commits the assault after entering a private home with the intent to commit the assault
• The victim is under 15 years of age
• The victim is restrained or their ability to escape is substantially impaired

When the victim is under 15 years of age, this automatically triggers the aggravated assault classification regardless of other factors, though additional elements may further enhance penalties.

The distinction between simple assault and aggravated assault is important. Simple assault is typically charged as a misdemeanor, while aggravated assault involving a minor under 15 is always charged as a felony in Arizona.

Various scenarios can result in aggravated assault charges involving minors, including:

• Physical contact leading to injury, even minor injuries
• Threatening gestures causing fear of imminent harm
• Grabbing, pushing, or other physical contact intended to provoke
• Physical discipline deemed excessive or unreasonable
• Using any object (even household items) as a weapon during discipline or altercation

Classification as a Dangerous Crime Against Children

One of the most notable aspects of aggravated assault charges involving victims under 15 is the potential classification as a “Dangerous Crime Against Children” (DCAC). This classification, defined in ARS § 13-705, creates a special category of offenses with enhanced penalties specifically designed to protect children.

When aggravated assault on a minor under 15 includes serious physical injury, disfigurement, or the use of a deadly weapon or dangerous instrument, it qualifies as a DCAC in the first degree. This classification triggers mandatory prison sentences with substantially longer minimum terms than standard felonies.

Arizona prosecutors typically approach DCAC cases with heightened scrutiny and aggressiveness. The state’s public policy prioritizes the protection of children, which translates to rigorous prosecution and limited plea bargaining options in these cases.

The DCAC classification also affects sentencing structure, parole eligibility, and the possibility of probation. Those convicted of a DCAC offense will serve day-for-day sentences with no possibility of early release until they have served the entire sentence imposed.

Criminal Penalties and Sentencing

The penalties for aggravated assault on a minor under 15 years of age in Arizona vary depending on the specific circumstances of the case, but all are severe:

• Simple Aggravated Assault on a Minor (No Serious Injury or Weapon)
  • Class 6 felony
  • 4 months to 2 years in prison
  • Probation possible if no prior felony convictions
• Aggravated Assault with a Weapon or Causing Serious Injury
  • Class 3 felony (if non-dangerous) → 2 to 8.75 years in prison
  • Class 3 felony (if dangerous) → 5 to 15 years in prison (mandatory)
• Dangerous Crime Against a Child (DCAC) – First Degree
  • Serious injury, disfigurement, or use of a weapon
  • Minimum 10 years to maximum 24 years in prison
  • Mandatory prison sentence (no probation allowed)

Financial penalties can also be substantial, including fines up to $150,000 plus surcharges, as well as court-ordered restitution to the victim for medical expenses and other damages.

Because aggravated assault on a minor is a felony, a conviction can have lifelong consequences, including loss of gun rights, difficulty finding employment, and restrictions on contact with minors.

Aggravating and Mitigating Factors

Several factors can influence sentencing in aggravated assault cases involving minors under 15:

Aggravating Factors:

• Prior criminal history, especially violent offenses or crimes against children
• Position of trust (parent, teacher, caregiver)
• Especially vulnerable victim (very young age or disability)
• Excessive cruelty or multiple injuries
• Use of weapons or restraints
• Premeditation or planning

Mitigating Factors:

• No prior criminal history
• Genuine remorse
• Cooperation with authorities
• Mental health issues or diminished capacity
• Provocation or unusual stress
• Voluntary participation in treatment
• Character evidence or community support

Arizona courts must consider both aggravating and mitigating factors during sentencing. However, when the offense qualifies as a DCAC, the court’s discretion is limited by mandatory minimum sentences that cannot be reduced regardless of mitigating circumstances.

The defendant’s relationship to the victim plays a particularly important role in these cases. When the perpetrator is a parent, guardian, or someone in a position of trust, this typically serves as an aggravating factor that can increase the sentence.

Potential Defense Strategies

Defending against aggravated assault charges involving a minor under 15 requires a careful strategy. Some potential defenses include:

• Reasonable Parental Discipline: Arizona law recognizes a parent’s right to reasonably discipline their child. Under ARS § 13-403, parents may use reasonable and appropriate physical force when necessary to maintain discipline.
• False Allegations: Children may sometimes make false accusations due to misunderstandings, coaching by others, or complex family dynamics.
• Lack of Intent: Aggravated assault charges require proving the defendant acted knowingly, intentionally, or recklessly. Demonstrating that any injury was accidental can be a viable defense.
• Unreliable Witness Testimony: Many cases rely on statements from young children, which can sometimes be misinterpreted, influenced, or unreliable.
• Constitutional Violations: Violations of rights related to search and seizure, interrogation, or due process may provide grounds for excluding evidence.
• Child Forensic Interview Issues: If a child undergoes a forensic interview, it’s important to ensure it was conducted fairly and without leading questions.
• Parental Disputes or False Accusations: In some cases, accusations arise during custody battles, divorce proceedings, or family disputes.

Each of these defense strategies requires thorough investigation and expert legal knowledge to implement effectively. The specific details of the case will determine which approaches have the greatest likelihood of success. Developing a strong defense strategy often involves consulting with various experts, including child psychologists, medical professionals, and forensic specialists.

Legal Process for Aggravated Assault Cases

The legal process for aggravated assault charges involving minors typically follows these stages:

1. Initial Investigation: Cases often begin with reports from mandatory reporters such as teachers, doctors, or social workers. Police will interview witnesses, collect evidence, and may record statements from the child.
2. Arrest and Initial Appearance: If probable cause is established, an arrest is made, and the defendant appears before a judge who sets bail and conditions of release.
3. Grand Jury or Preliminary Hearing: The prosecution must establish probable cause either through a grand jury proceeding or preliminary hearing before the case can proceed to trial.
4. Arraignment: The defendant is formally charged and enters a plea. At this stage, the defendant should have already retained legal counsel.
5. Pre-trial Proceedings: Both sides exchange evidence through discovery, and the defense may file motions to suppress evidence or dismiss charges based on legal defects or constitutional violations.
6. Plea Negotiations: While prosecutors typically have less flexibility with charges involving children, some cases may still be resolved through plea agreements.
7. Trial: If no plea agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt.
8. Sentencing: If convicted, the court will hold a sentencing hearing where both sides can present arguments regarding appropriate punishment within the statutory range.

This legal journey can be emotionally and financially draining for all parties involved. The complexity of these cases often means that proceedings can extend for months or even more than a year before resolution. Throughout this process, maintaining proper legal representation is critical for protecting the defendant’s rights and working toward the best possible outcome.

Long-term Consequences Beyond Prison

The consequences of an aggravated assault conviction involving a minor extend far beyond imprisonment:

• Criminal Record: A felony conviction remains on your record permanently unless you qualify for and receive a “set aside” under Arizona law.
• Employment Restrictions: Many employers refuse to hire individuals with violent felony convictions, especially those involving children.
• Parental Rights: A conviction can result in termination of parental rights, not only to the victim but potentially to other children as well.
• Housing Limitations: Many landlords conduct background checks and may deny housing to those with violent felony convictions.
• Professional Licensing: Professional licenses in fields like law, medicine, nursing, and many others may be denied or revoked.
• Immigration Consequences: For non-citizens, a conviction for a crime of violence against a child typically results in deportation proceedings.
• Civil Liability: Beyond criminal penalties, the defendant may face civil lawsuits from the victim’s family seeking damages.

These long-lasting impacts can fundamentally alter life trajectories and opportunities. The social stigma associated with crimes against children can persist long after any formal penalties have been served. For these reasons, it’s important to understand the full scope of potential consequences when facing these serious charges or considering legal options.

When to Seek Legal Representation

If you’re under investigation or have been charged with aggravated assault involving a minor under 15, immediate legal representation is necessary. The stakes in these cases are extremely high, with potential decades-long prison sentences and life-altering consequences. For instance, consulting a Phoenix aggravated assault attorney can be a pivotal step toward protecting your rights.

An experienced criminal defense attorney should be consulted before speaking with investigators or making any statements. Even innocent explanations can sometimes be used against you without proper legal guidance.

When selecting an attorney, look for:

• Specific experience with aggravated assault cases and DCAC charges
• Knowledge of Arizona’s juvenile and criminal court systems
• Track record of successful outcomes in similar cases
• Resources to conduct independent investigations and consult experts
• Ability to communicate clearly and respond promptly

During your initial consultation, ask potential attorneys:

• What defense strategies might apply to your specific case?
• What are the potential outcomes, including worst-case scenarios?
• How many similar cases have they handled, and what were the results?
• What is their approach to plea negotiations versus trial preparation?
• How will they communicate with you throughout the case?

The time immediately following an arrest or charge is critical for preserving evidence, identifying witnesses, and developing an effective defense strategy. Constitutional rights must be protected from the outset, as violations during early stages can affect the entire case.

Remember that the quality of your legal representation can markedly impact the outcome. Given the serious nature of aggravated assault charges involving minors under 15 in Arizona, having a knowledgeable and experienced attorney is not merely beneficial—it’s vital.

Are You Dealing with Criminal Charges in Arizona? We Can Help

If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.

Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.

Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.