Statutes | White Mountain Apache Criminal Code Ch. 2 Section 2.5 | 2019
A. A person commits aggravated assault if such person commits assault as defined in Section 2.4 under the following circumstances:
1. Causing serious physical injury to another or
2. Using a deadly weapon or dangerous instrument or
3. Assaulting a law enforcement officer, security officer, or judicial officer or Tribal Council member while such officer or Council member is acting in his or her official capacity or
4. Assaulting a woman while she is pregnant.
B. A person found guilty under this Section shall be sentenced to imprisonment for a period not to exceed Three (3) Years, but not less than Thirty (30) Days, and to pay a fine not to exceed Fifteen Thousand Dollars ($15,000.00). Any person sentenced under this Section shall not be eligible for suspension of sentence, probation, parole, or any other release from custody until the sentence imposed by the court is served.
C. If the commission of this offense results in the death or disability for a period exceeding Six (6) Months of another person, a person found guilty under this Section shall be sentenced to imprisonment for a period of not less than Two Hundred Seventy (270) Days, nor more than Three (3) Years, to pay a fine of no less than Three Thousand Dollars ($3,000.00) nor more than Fifteen Thousand Dollars ($15,000.00), which fine may be suspended only if the person found guilty pays restitution to the victim or, in the case of death, to the victims family, in an amount equal to the fine. All restitution must be paid through the Court.