In Arizona, domestic violence is a serious offense that can be charged as either a misdemeanor or a felony. If you are found guilty of this crime, you will suffer severe penalties and long-term repercussions. To build a vigorous defense against the charges you face, you need to hire an experienced criminal defense attorney as soon as possible. Even if you are guilty, you may still have strong defenses at your disposal.
What Is Domestic Violence in Arizona?
In Arizona, domestic violence is not a distinct offence. Instead, the domestic abuse accusations would be added to another criminal charge, which might result in harsher punishments. Domestic violence is defined by ARS 13-3601 as a dangerous offense against a child or an act of violence against a family member or member of the home under the following circumstances.:
- The accused and the victim are or were married, and they currently live together or have in the past..
- There is a child between the accuser and the victim.
- The other party is pregnant with the victim of the accused.
- The victim is related to the accused or their spouse through blood, marriage, or legal designation as a parent, grandparent, child, grandchild, sibling, in-law parent or grandparent, stepparent, step-grandparent, stepparent-in-law, brother-in-law or sister-in-law, or stepparent-in-law.
- The victim is a youngster who lives or has lived in the same home as the accused person and is a blood relative of the accused person’s former spouse. They might also be related to someone who currently lives or has lived in the same home as the defendant.
- There is or has been a romantic or sexual relationship between the victim and the defendant. The nature and duration of the relationship, the frequency of communication between the victim and the accused, and the duration of the relationship’s breakup may all be taken into account while making this determination.
What Are Common Domestic Violence Offenses?
Domestic violence is a common charge in criminal cases in Arizona. Typical offenses include:
- Assault and battery, with or without a dangerous weapon
- Criminal trespass
- Disorderly conduct
- Dangerous crimes against children
- Endangerment
- Harassment
- Kidnapping
- Stalking
- Sexual assault
- Murder
- Unlawful imprisonment
- Threats and intimidation
When Is Domestic Violence Charged as a Felony?
A person can be charged with aggravated domestic violence if they have committed a third or subsequent domestic violence felony within a seven-year period. Even if the earlier convictions were for petty offenses, this is still true. In Arizona, aggravated domestic violence is a Class 5 felony.
What Are the Penalties for Domestic Violence in Arizona?
The classification of the offense and whether it is a misdemeanor or felony conviction will determine the domestic violence penalties. The harshness of the sentence might depend on a number of circumstances, including:
- Whether the victim was a child
- Whether the victim was injured or killed
- Whether the victim was pregnant at the time of the domestic violence
- Whether a weapon was used
- Whether the defendant has prior convictions for domestic violence
Anyone found guilty of domestic abuse must undergo a program of domestic violence therapy, which may consist of 28 to 52 sessions. Possible phrases include, for instance:
- Class 1 misdemeanor: Up to six months in jail and a fine of up to $2,500
- Class 2 misdemeanor: Up to four months in jail and a fine of up to $750
- Class 3 misdemeanor: Up to 30 days in jail and a fine of up to $500
- Class 2 felony: 7 to 21 years in prison and a maximum fine of $150,000
- Class 3 felony: 5 to 15 years in prison and a maximum fine of $150,000
- Class 4 felony: 4 to 8 years in prison and a maximum fine of $150,000
- Class 5 felony: 2 to 4 years in prison and a maximum fine of $150,000
Are you accused of felony or misdemeanor domestic violence in Arizona? Call us at (888) 912-5617 or fill out our online form to arrange a free consultation with one of our experienced criminal defense attorneys to discuss how we can construct a strong case for you.
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