Preston’s Law Takes Aim at Gang-Related Aggravated Assaults

A significant legislative measure, designed to impose strict penalties on group assaults, is progressing through the Arizona Legislature. Known as Preston’s Law, this bill is named after 16-year-old Preston Lord, who lost his life in 2023 due to a brutal attack at a Halloween party in Queen Creek.

Lawmakers approved the bill during a Committee of the Whole session on April 22. It seeks to classify “swarming” as a new category of aggravated assault. This classification specifically targets incidents involving two or more assailants attacking a single victim, elevating such assaults to a Class 4 felony.

The proposed law also broadens the definition of aggravated assault to protect various workers, including first responders, educators, and health care staff. An amendment introduced by Sen. John Kavanagh emphasized that swarming must result in physical injury to be considered aggravated assault.

Rep. Matt Gress, the bill’s sponsor, articulated the potential of this legislation as a deterrent. He noted that it could help prevent future incidents like the one that led to Lord’s tragic death and address severe injuries from similar attacks.

Maricopa County Attorney Rachel Mitchell echoed his sentiments, highlighting the inadequacy of current laws that often classify such assaults as lesser-felony offenses, which may result in probation or even reduction to misdemeanors. She affirmed the seriousness of this type of crime.

Melissa Ciconte, Lord’s stepmother, expressed her support at the hearing, describing her stepson’s murder as an act of “pure cruelty.” She urged lawmakers to recognize the importance of the legislation, stating, “The passage of Preston’s Law is not just necessary. It’s imperative.” Ciconte emphasized the bill’s potential to ensure accountability for violent actions.

Despite support for the bill, some lawmakers voiced concerns about the potential for children to face severe charges in minor schoolyard altercations. Kavanagh’s amendment aimed to alleviate these worries, but Sen. Lauren Kuby pointed out the need for further clarity, advocating for the inclusion of “serious” when defining physical injuries.

Kavanagh remains open to negotiations with stakeholders, aiming to address these legislative concerns before the bill advances further.