Domestic Violence Unlawful Imprisonment (13-1303) is a criminal offense in Arizona that involves unlawfully confining, restraining, or detaining a person with whom the offender has a domestic relationship, against their will.
Under Arizona law, a domestic relationship includes spouses, former spouses, persons who are currently or were previously residing together in a romantic or sexual relationship, persons who share a child, and other closely related individuals.
To be charged with Domestic Violence Unlawful Imprisonment, the prosecution must prove that the offender acted intentionally or knowingly, and that the victim was restrained or detained in a way that prevented them from leaving or moving about freely. This can include physical restraint, as well as verbal threats or intimidation.
The offense can be charged as a misdemeanor or a felony, depending on the severity of the confinement and the offender’s prior criminal history. A first offense misdemeanor conviction can result in a sentence of up to 6 months in jail, and a fine of up to $2,500. A felony conviction can result in a prison sentence of up to 2.5 years, and a fine of up to $150,000.
In addition to criminal charges, a person who is found guilty of Domestic Violence Unlawful Imprisonment may also be subject to a restraining order, mandatory counseling, and other court-mandated requirements.
It is important to note that a victim does not need to be physically restrained or confined in order for an offender to be charged with Domestic Violence Unlawful Imprisonment. For example, if an offender uses threats or intimidation to prevent a victim from leaving a room or a vehicle, that may be sufficient to support a charge of Unlawful Imprisonment.
If you are facing charges of Domestic Violence Unlawful Imprisonment in Arizona, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and potential defenses. It is also important to take any accusations of Domestic Violence seriously, as the consequences of a conviction can be significant and long-lasting.