Understanding ARS Aggravated Domestic Violence: ARS 13-3601.02
Facing aggravated domestic violence Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of aggravated domestic violence ARS laws. It explains key terms and the sentencing guidelines for aggravated domestic violence. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS aggravated domestic violence, consult with a qualified Phoenix aggravated domestic violence attorney as soon as possible.
What is Aggravated Domestic Violence?
Aggravated domestic violence, as defined in ARS 13 3601.02, involves a pattern of domestic violence offenses. It’s not simply one incident but rather a series of actions within a specific timeframe.
A conviction for aggravated domestic violence requires proof of the following:
- Conviction of a domestic violence offense (current offense),
- Two or more convictions of domestic violence offenses (prior convictions), and
- Offense dates of prior convictions within 84 months (7 years) of the current offense date.
ARS aggravated domestic violence focuses on the dates when the prior offenses were committed—not the dates of the convictions—to determine whether the 84-month period requirement has been met. Prior offenses need not be Arizona offenses; they could have occurred in Arizona or other states if the out-of-state convictions would constitute domestic violence if committed in Arizona.
Domestic Violence
The definition of “domestic violence offense” is based on the general domestic violence law ARS 13-3601. According to this statute, domestic violence involves specific crimes committed between those with a familial or household relationship. Specifically, it involves the following qualifying offenses committed against another in the following qualifying relationships:
- Qualifying Offenses: There are more than 25 statutory qualifying offenses for domestic violence. They are diverse and include acts such as physical assault, threats, intimidation, emotional abuse, harassment, and even property damage.
- Qualifying Relationships: A qualifying relationship for domestic violence includes married or formerly married couples, cohabitants, parents of a child in common, blood or step-relatives, and current or former romantic partners.
Sentencing for Aggravated Domestic Violence:
The penalties for aggravated domestic violence Arizona are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:
| Offense | Felony | Prison | Probation (max) |
|---|---|---|---|
| Aggravated domestic violence | Class 5 | 0.5 – 2.5 years | 3 years |
The number of prior domestic violence convictions within the 84-month lookback period determines the minimum amount of confinement. Even if a judge determines that probation is appropriate the following mandatory jail time must be served prior to the start of probation:
| Prior Convictions | Jail (min) | Statutory Language |
|---|---|---|
| 2 prior domestic violence convictions | 4 months | Not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in jail. |
| 3 or more prior domestic violence convictions | 8 months | Not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in jail. |
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Aggravated domestic violence involves a series of domestic violence incidents within a specific timeframe, not just a single incident.
- Proof Required:
- Current conviction for a domestic violence offense.
- Two or more prior convictions for domestic violence offenses.
- Prior offenses committed within 84 months (7 years) of the current offense date.
- Offense Dates: Focuses on the dates when prior offenses were committed, not the conviction dates.
- Out-of-State Offenses: Prior offenses can be from Arizona or other states if they would constitute domestic violence in Arizona.
- Proof Required:
- Definition of Domestic Violence:
- Qualifying Offenses: Over 25 statutory offenses, including physical assault, threats, intimidation, emotional abuse, harassment, and property damage.
- Qualifying Relationships: Includes married or formerly married couples, cohabitants, parents of a child in common, blood or step-relatives, and current or former romantic partners.
- Penalties:
- Class 5 felony:
- Prison: 0.5 – 2.5 years
- Probation: up to 3 years
- Minimum confinement:
- 2 Prior Convictions: Minimum of 4 months in jail.
- 3 or More Prior Convictions: Minimum of 8 months in jail.
- Class 5 felony:
Next Steps:
ARS aggravated domestic violence is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing aggravated domestic violence Arizona charges, under ARS 13-3601.02, engaging a skilled Phoenix aggravated domestic violence lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.