Domestic Violence

Domestic Violence

Understanding ARS Domestic Violence: ARS 13-3601

Facing 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 Arizona domestic violence laws. It explains key terms and the sentencing guidelines for Arizona 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 domestic violence lawyer Phoenix. If you are charged with ARS domestic violence consult with a qualified Phoenix domestic violence attorney as soon as possible.

What is Domestic Violence?

Domestic violence in Arizona extends beyond the typical image of physical altercation between spouses. Domestic violence laws in Arizona encompass a wide range of qualifying offenses among a broad set of qualifying relationships. Arizona domestic violence laws require two key components: a qualifying offense and a qualifying relationship.

Qualifying Offense:

Qualifying offenses for purposes of domestic violence are varied, covering everything from physical assault, threats, intimidation, emotional abuse, harassment, and even property damage. The qualifying offenses in the ARS domestic violence laws are listed below:

Dangerous crimes against children Negligent homicide
Manslaughter 2nd degree murder
1st degree murder Endangerment
Threatening or intimidating Assault
Aggravated assault Custodial interference
Unlawful imprisonment Kidnapping
Sexual assault Revenge porn
Criminal trespass: 3rd degree Criminal trespass: 2nd degree
Criminal trespass: 1st degree Criminal damage
Interfering with judicial proceedings Disorderly conduct
Cruelty to animals Prevention of emergency call
Electronic intimidation, threats, or harassment Harassment
Aggravated Harassment Stalking
Surreptitious filming or photographing Child or vulnerable adult abuse

Qualifying Relationship:

The definition of a qualifying relationship for purposes of domestic violence is broad under ARS 13 3601. A qualifying relationship extends far beyond a married couple. All of the following relationships are domestic violence qualifying relationships:

  1. Marriage: If you are or if you were married to the alleged victim, this relationship is a domestic violence qualifying relationship.
  2. Cohabitation: If you live with or previously lived with the alleged victim, this relationship will be a domestic violence qualifying relationship. It doesn’t matter for this qualifying relationship whether you were married while living together.
  3. Child in common: If you have a child with the alleged victim or the relationship involves a pregnancy, this is a domestic violence qualifying relationship.
  4. Blood or step relationship: If you are related to the alleged victim by blood or marriage, this relationship is a domestic violence qualifying relationship. If the alleged victim is any of the following to you, it is a qualifying relationship: child, step-child, parent, step-parent, sibling, step-sibling, grandparent, step-grandparent, grandchild, step-grandchild, in-laws.
  5. Romantic relationships: If you are or if you were romantically involved with the alleged victim, this relationship is a domestic qualifying relationship. Factors considered in determining whether a relationship is romantic include its duration, frequency of interaction, and the type of relationship.

Sentencing for Domestic Violence:

Domestic violence is not in itself a crime to be charged and sentenced. Instead, the sentencing guidelines follow those of the qualifying offense. Domestic violence charges in Arizona increase the severity of the qualifying offenses and are considered during sentencing along with criminal history, and the circumstances of the underlying crime.

While the sentencing guidelines are determined by the qualifying offense, domestic violence can affect a case in the following ways:

  • Officer Arrest Discretion:
    • A police officer can arrest anyone, with or without a warrant, if they have probable cause to believe that the person committed domestic violence, whether it’s a felony or misdemeanor, even if the officer didn’t witness it.
    • A police officer must arrest anyone 15 or older if they have probable cause to believe that the person committed domestic violence involving physical injury or a deadly weapon, unless they believe the victim is safe.
  • Treatment: A judge will order participation in a domestic violence offender treatment program following a misdemeanor conviction for a first-time domestic violence charge Arizona. A judge will continue to order participation in a domestic violence offender treatment program for subsequent offenses unless they deem an alternate punishment more appropriate.
  • Firearm Seizure:  If a police officer learns or sees that a firearm is on the premises, they can temporarily take the firearm if (1) it’s visible or found during a consented search, and (2) the officer thinks the firearm poses a risk of serious injury or death to the victim of domestic violence or others in the household.
  • Increased Incarceration:
    • A conviction for domestic violence against a pregnant victim will be considered at the time of sentencing and may increase the sentence.
    • A conviction for a felony domestic violence qualifying offense against a known pregnant victim increases the maximum sentence for the qualifying offense up to 2 years.

Frequently Asked Questions:

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition and Scope: Domestic violence is not a charge by itself. It involves specific crimes committed between those with a familial or household relationship.
  • Key Elements:
    • 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.
  • Penalties: Domestic violence itself is not a standalone crime; instead, the sentencing guidelines for domestic violence follow those of the qualifying offense, and these charges in Arizona can increase the severity of penalties based on criminal history and the specifics of the crime.

Next Steps:

ARS domestic violence in Arizona is a serious charge 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 domestic violence Arizona charges, under ARS 13-3601, engaging a skilled domestic violence attorney Phoenix 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.

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