PHOENIX - The Arizona Supreme Court says juries must decide on a case-by-case basis whether a wounded crime victim's disfigurement is substantial enough to justify convicting the attacker of felony aggravated assault.
The high court issued a unanimous ruling Monday in an appeal in a Pima County case in which a man cut a woman with a knife.
The ruling says juries need to consider the injury's seriousness, location, duration and visibility to others.
The justices agreed that both a 3-inch cut on a victim's hand and a 2-centimeter-wide puncture wound of her abdomen were substantial enough to be disfigurements.
The Court of Appeals had said the victim's abdomen wound was small and not a substantial disfigurement. The mid-level court would have reduced a felony aggravated assault charge to misdemeanor assault.