Understanding Arizona Domestic Violence Charges
Facing Arizona domestic violence 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.
Lawyer Listed created this guide to provide you with a detailed overview of the most common Arizona domestic violence crimes. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these 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 facing Arizona property crime charges, consult with a qualified Arizona property crimes attorney as soon as possible. Lawyer Listed simplifies this process and matches you with an elite criminal defense lawyer tailored to your case.
Domestic Violence
ARS domestic violence under Arizona Revised Statute 13-3601 requires two essential elements: a qualifying offense and a qualifying relationship. You cannot be charged with domestic violence unless both pieces are present in your case.
Domestic violence Arizona laws are broader than most people realize. The state doesn’t treat domestic violence as a standalone crime. Instead, it’s a designation that applies to other crimes when they happen between people in certain relationships.
Qualifying Offenses
Arizona domestic violence laws include more than 25 different qualifying offenses. These crimes range from serious felonies to misdemeanors:
Serious Felonies
- First-degree murder
- Second-degree murder
- Manslaughter
- Negligent homicide
- Kidnapping
- Sexual assault
- Dangerous crimes against children
Assault-Related Crimes
- Assault
- Aggravated assault
- Threatening and intimidating
- Endangerment
Property and Privacy Crimes
- Criminal damage
- Criminal trespass
- Revenge porn
- Surreptitious filming/photographing
Harassment and Stalking
- Harassment
- Aggravated harassment
- Electronic intimidation/threats
Stalking
Other Qualifying Offenses
- Unlawful imprisonment
- Custodial interference
- Disorderly conduct
- Cruelty to animals
- Prevention of emergency call
- Child or vulnerable adult abuse
- Interfering with judicial proceedings
Qualifying Relationships
The definition of qualifying relationships under ARS 13-3601 is much broader than just marriage. Arizona recognizes the following as qualifying relationships for purposes of domestic violence:
- Marriage and Former Marriage: Current or former spouses qualify, regardless of how long ago the marriage ended.
- Cohabitation: Living together or previously living together creates a qualifying relationship. Marriage isn’t required for this category.
- Child in Common: Having a child together or being involved in a pregnancy establishes this relationship type.
- Blood and Step Relationships: This includes children, step-children, parents, step-parents, siblings, step-siblings, grandparents, step-grandparents, grandchildren, step-grandchildren, and in-laws.
- Romantic Relationships: Current or former romantic involvement qualifies. Courts look at the relationship’s duration, how often you interacted, and the type of relationship when making this determination.
Penalties 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: An officer can make an arrest with or without a warrant if there is probable cause of a domestic violence crime. An officer must make an arrest if the person is 15 or older and the violence involves physical injury or a deadly weapon, unless it is determined that the victim is safe.
- Treatment: A judge will order participation in a domestic violence offender treatment program for a first-time misdemeanor conviction. This continues for subsequent offenses.
- Firearm Seizure: A firearm can be temporarily seized if it is visible or found during a consensual search and it poses a risk.
- Increased Incarceration: A conviction against a pregnant victim may increase the sentence. A felony conviction against a pregnant victim can increase the maximum sentence by up to 2 years.
Aggravated Domestic Violence
ARS aggravated domestic violence, as defined by ARS 13-3601.02, involves a pattern of domestic violence offenses. It is more than a single incident – it is a series of actions within a specific timeframe.
To be convicted of aggravated domestic violence, the prosecution must prove:
- A conviction for a current domestic violence offense.
- Two or more prior convictions for domestic violence offenses.
- The prior offense dates must be within 84 months (7 years) of the current offense date.
The focus is on the dates the prior offenses were committed, not the dates of conviction. Prior offenses do not need to be Arizona offenses. They can occur in other states if the out-of-state convictions would constitute domestic violence if committed in Arizona.
Penalties 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
Next Steps:
Arizona domestic violence crimes are serious charges with serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona domestic violence charges, engaging a skilled domestic violence attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at Lawyer Listed and get an experienced criminal defense attorney on your side right away.