When a Physical Altercation Becomes a Felony or Leads to Multiple Charges in Arizona

Not every fight or heated confrontation ends with criminal charges, but in Arizona, some situations can turn what seems like a minor dispute into a serious felony case. The difference often comes down to how the altercation unfolded, who was involved, and whether prosecutors believe you used or threatened force in a way that meets the state’s criteria for aggravated assault charges.

Charged With Aggravated Assault for Using Whatever Was at Hand

Under ARS 13-1204, you can be charged with aggravated assault if you use a “dangerous instrument” during an altercation. This term doesn’t just apply to guns and knives, it can cover any object that, under the circumstances, could cause death or serious physical injury.

That means it’s possible to face felony charges even if you had no intention of causing serious harm and used something you didn’t think of as a weapon. Common examples include:

• Vehicles: Bumping someone with your car during a parking lot dispute or road-rage incident.
• Thrown objects: Tossing a cup or can at a car or cyclist during an argument.
• Everyday items: Swinging a chair, skateboard, or tool in anger.
• Sports equipment: Using a bat, golf club, or hockey stick in the middle of a fight.



Under ARS 13-105(12) a dangerous instrument is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

Hitting someone with a fast food soda cup typically won’t cause serious injuries, even if it’s full of liquid. Throwing a full plastic cup of soda at a moving vehicle’s windshield could qualify if it impairs visibility and has the potential to cause a collision. The same applies to hitting a cyclist; if it could cause them to lose control and crash, it meets the “capable of causing” standard.

Prosecutors don’t have to prove you intended to cause serious injury, only that you intentionally used the object in a way that could have caused it in that moment. This is how someone who let their anger get the better of themselves for an instant could end up facing the same level of charges as someone who used a firearm.

Facing Multiple Charges From a Single Altercation

In many cases, one incident can result in multiple charges. Each charge is considered separately, and convictions can lead to consecutive penalties.

Hitting someone with a bottle during a bar fight can be charged as aggravated assault for using a dangerous instrument. If the fight draws a crowd and disrupts the venue, it can lead to disorderly conduct charges. If a table, window, or other property is damaged during the fight, it can result in separate criminal damage charges.

Even if all of this happened in the span of a few minutes, prosecutors can file each charge separately. Without a strong defense, you could face fines, jail, or prison time, and a permanent record on multiple charges.

How Self-Defense Claims Can Backfire

Arizona law (ARS 13-404) allows you to use reasonable force to defend yourself if you believe you’re in imminent danger, but the law has limits. To successfully claim self-defense, you must show that:

• You didn’t start the fight.
• You had a reasonable fear of immediate harm.
• Your response was proportionate to the threat.

Self-defense claims can fail when:

• There’s evidence that you continued attacking after the threat is over.
• You escalated the situation by introducing a dangerous instrument against an unarmed opponent.
• Witnesses or video footage contradict your account.

In these cases, what you believed was self-defense can instead be presented by prosecutors as assault or aggravated assault, leaving you to fight an uphill battle in court.

What if the Other Party’s Friends Are the Witnesses Contradicting Your Account?

Law enforcement may take those statements at face value during the initial investigation, especially if they appear consistent with each other and the witnesses appear credible. Police are usually focused on establishing probable cause for an arrest, not weighing motives in detail at that stage.

Prosecutors are supposed to evaluate credibility and bias, but if the witnesses’ stories align and support their theory of the case, they may still pursue charges.

Bias arguments usually become part of the defense strategy in court. A defense attorney can cross-examine those witnesses to show they had a personal connection and a reason to shade the truth.

Why You Need an Experienced Criminal Defense Attorney

When prosecutors allege that you used a dangerous instrument, or when prosecutors stack multiple charges from a single altercation, it’s critical to have a defense strategy that addresses every angle. This may include:

• Challenging whether the object legally qualifies as a dangerous instrument.
• Disputing witness statements or video evidence.
• Presenting evidence that your actions were lawful self-defense.
• Negotiating to reduce charges or avoid a felony conviction altogether.

As an Arizona Board-Certified Criminal Law Specialist, Michael Alarid has the experience and training to handle complex assault cases. He understands how prosecutors build these cases and how to dismantle them.

If you’ve been charged with assault in Phoenix, especially if prosecutors allege you used an object in a way that made it a “dangerous instrument,” you could be facing life-changing penalties. Don’t leave your future to chance.

Call (602) 818-3110 or contact us online for a free, confidential consultation.