ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 5-4-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2611: aggravated assault; accomplices; classification

Sponsor: Representative Gress, LD 4

Caucus & COW

Overview

Classifies committing assault against a person, when aided by two or more accomplices, as aggravated assault.

History

Under the current criminal code, a person commits assault by doing any of the following:

1)   intentionally, knowingly or recklessly causing any physical injury to another person;

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 (A.R.S. § 13-1203).

Additionally, aggravated assault is a separate offense that occurs when a person commits assault as defined in A.R.S. § 13-1203, but additional circumstances outlined in statute are met. These circumstances include, among others, the level of injury caused to the victim, the defendant's use of a deadly weapon or the victim being physically bound. Aggravated assault can range from a class 2 felony to a class 6 felony depending on the nature of the offense (A.R.S. § 13-1204).

Provisions

1.   Broadens aggravated assault to include committing assault against a person if the assailant is aided by two or more accomplices who are actually present. (Sec. 1, 2)

2.   Makes it a class 4 felony to commit aggravated assault when aided by two or more accomplices. (Sec. 1, 2)

3.   Blends overlapping versions of A.R.S. § 13-1204. (Sec. 1-3)

4.   Makes technical and conforming changes. (Sec. 1, 2)

5.   Designates this legislation with the short title Preston's Law. (Sec. 4)

 

 

 

 

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                        HB 2611

Initials NM    Page 0 Caucus & COW

 

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