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Speak Up! - View Question #614 |
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Question: If I strike an officer on duty and get caught, what will be my punishment?
Answer: Striking an officer is a felony in Arizona. It is called Aggravated Assault and is classified as either a class 6, class 5 or class 2 felony, depending on the circumstances.
If the officer is not hurt and no weapon was used, the crime is considered a class 6 felony. A person convicted of a class 6 felony for the first time could be placed on probation or could go to prison for no less than 4 months and no more than 2 years. The presumptive, or usual, sentence is 1 year in prison.
If the officer is injured but no weapon was used in the crime, the offense is a class 5 felony. A person convicted of a class 5 felony for the first time could be placed on probation or could go to prison for no less than 6 months and no more than 2 1/2 years. The presumptive sentence is 1 1/2 years in prison.
If the officer's suffers a serious physical injury during the commission of the crime and no weapon was used, the offense is a class 2 felony. A persons convicted of a class 2 felony for the first time could be placed on probation or could go to prison for no less than 3 years and no more than 12 1/2 years. The presumptive sentence is 5 years in prison.
If a weapon such as a gun or knife is used in the assault against the officer, the crime is a class 2 dangerous felony. A person convicted of a class 2 dangerous felony is not eligible for probation, even if he has no prior criminal record. The person must be sentenced to prison for no less than 7 years and no more than 21 years. The presumptive sentence is 10 1/2 years in prison.
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