Arizona Domestic Violence and Domestic Abuse

In Arizona, domestic violence and domestic abuse are distinct legal concepts, although they often overlap in domestic violence cases.

Domestic violence refers to a broad category of offenses committed against someone with whom the accused shares a specific relationship, such as a spouse, a cohabitant, a person with whom they have a child, or a family member. These relationships are defined under Arizona’s domestic violence laws, specifically ARS 13-3601.

Domestic violence charges can be applied to a variety of criminal acts, including harassment, stalking, or endangerment, in addition to physical assault.

Domestic assault, on the other hand, refers specifically to an act of physical harm or the threat of harm, which falls under ARS 13-1203. 

When the victim and the defendant share a qualifying relationship, the assault can be charged as a domestic violence offense. In essence, domestic assault is an underlying charge within the broader category of domestic violence.

In Arizona, domestic violence is broadly defined under ARS 13-3601 and encompasses various criminal acts, including but not limited to assault, harassment, and even dangerous crimes against children.

Domestic violence charges are not based solely on the severity of the offense but also on the relationship between the victim and the alleged perpetrator. Under ARS 13-3601, a domestic violence charge may apply if certain relationships exist, including:

• Marriage or former marriage between the parties.
• Persons currently or formerly living together.
• Having a child in common.
• One party is pregnant by the other.
• Family relationships, such as parent, grandparent, child, sibling, or in-laws, including stepparents and stepchildren.
• Current or past romantic or sexual relationships. Factors such as the length and type of relationship, frequency of interactions, and time since termination are considered to determine the nature of the relationship.

Under this statute, domestic violence is not a separate charge but an enhancement to other criminal acts, such as those under ARS 13-1201 (endangerment), ARS 13-1202 (threatening or intimidating), ARS 13-1203 (assault), ARS 13-1304 (kidnapping), and many others. 

This includes offenses like ARS 13-1406 (sexual assault), ARS 13-2921 (harassment), ARS 13-2923 (stalking), and even ARS 13-3623 (child abuse), as long as the requisite relationship exists between the parties.

Some key provisions under ARS 13-3601 include:

• Probable cause for arrest: A peace officer can arrest a person if they have probable cause to believe domestic violence occurred, regardless of whether the officer witnessed the act.
• Firearm seizure: Officers may temporarily seize firearms found on the premises if they believe the weapon poses a threat to the victim or household members. Specific procedures ensure the rights of the firearm owner while protecting potential victims.

Sentencing considerations: If the victim was pregnant at the time of the offense, the court may increase the sentence.

In Arizona, aggravated domestic violence is defined under ARS 13-3601.02 and applies to individuals who commit repeated domestic violence offenses within a specific timeframe.

A person can be charged with aggravated domestic violence if they commit a third or subsequent domestic violence offense within an 84-month period.

You can also be charged with an aggregrated felony if you are convicted of a domestic violence crime after having been convicted of two prior domestic violence offenses, either in Arizona or in another jurisdiction, such as another state, a tribal court, or a federal court.

Key provisions of aggravated domestic violence include:

• If an individual has two prior convictions for domestic violence offenses within 84 months, they are ineligible for probation, pardon, commutation, or suspension of their sentence and must serve a minimum of four months in jail.
• For those with three or more prior convictions within the same 84-month period, they face a mandatory minimum jail sentence of eight months without eligibility for probation or other forms of early release.
• It is important to note that the timing of the offenses, rather than the sequence of convictions, determines whether the 84-month rule applies. Additionally, aggravated domestic violence does not include offenses arising from the same series of acts.

Aggravated domestic violence is classified as a class 5 felony in Arizona, which carries severe penalties, including mandatory jail time.

Prior convictions from other states or courts are considered if the acts would be deemed domestic violence offenses under Arizona law. These repeat offense rules apply only to offenses committed after January 1, 1999, for misdemeanor domestic violence cases.

The penalties for a domestic violence charge in Arizona can vary widely depending on the nature of the offense, the presence of any aggravating factors, and whether the charge is classified as a misdemeanor or a felony.

Arizona’s domestic violence laws, particularly under ARS 13-3601, apply to a range of criminal acts committed against individuals with specific relationships to the defendant, such as spouses, former spouses, cohabitants, or family members.

Here are the potential penalties for domestic violence charges in Arizona:

• Misdemeanor Domestic Violence: Most first-time domestic violence offenses are classified as misdemeanors. If convicted, the penalties can include up to six months in jail, fines up to $2,500, mandatory counseling programs, probation, and potential community service. Misdemeanor domestic violence convictions can also lead to a domestic violence conviction on your record, which may affect your ability to possess firearms under federal law.

• Felony Domestic Violence: Certain domestic violence offenses, especially those involving serious physical injury, the use of a deadly weapon, or repeat offenses, can be charged as felonies. Aggravated domestic violence, where the defendant has prior convictions within an 84-month period, is charged as a class 5 felony. Felony convictions carry more severe consequences, including longer prison sentences, mandatory jail time, probation, and loss of civil rights, such as the right to vote or own firearms.

• Mandatory Minimum Sentences for Repeat Offenses: If the defendant has two prior domestic violence convictions within 84 months, they are subject to mandatory jail time. For two prior convictions, the minimum jail sentence is four months, while for three or more prior convictions, the minimum is eight months under ARS 13-3601.02. These sentences are not subject to probation, pardon, or early release.

• Additional Consequences: Beyond jail or prison time, a domestic violence conviction can have other serious effects. It may impact child custody, visitation rights, and divorce proceedings. A protective order or restraining order may also be issued, limiting contact between the defendant and the victim, which could include restrictions on visitation if the victim is a child.

The penalties for domestic violence charges in Arizona are designed to be strict, particularly for repeat offenders, in order to protect victims and prevent further harm. If you are facing domestic violence charges in Arizona, it is importantl to seek legal representation to understand your options and mitigate the potential consequences of a conviction.

Defending against a domestic violence charge in Arizona requires a strategic approach that challenges the prosecution’s case while exploring avenues for reducing or dismissing the charges.

Under Arizona’s domestic violence laws, specifically ARS 13-3601, the state must prove certain elements, including the nature of the relationship between the accused and the alleged victim, as well as the underlying criminal offense. 

Here are several potential defenses and strategies that may be used:

• Challenging the Relationship: Domestic violence charges require a specific relationship between the defendant and the alleged victim, such as spouses, cohabitants, or family members. If the prosecution cannot prove the required relationship, the charge may be reduced or dismissed. For example, if the relationship does not meet the legal standard of a “romantic or sexual relationship,” or if the victim and the defendant did not reside in the same household, this can weaken the domestic violence component of the charge.
  
• Lack of Evidence: In many domestic violence cases, the evidence often relies on conflicting statements or unsubstantiated allegations. A defense attorney can scrutinize the evidence to demonstrate that there is insufficient proof to support the charges. For instance, if the only evidence is the alleged victim’s testimony without any physical evidence, witnesses, or corroborating facts, the case may lack the necessary support to proceed.
• Self-Defense: One of the most common defenses in domestic violence cases is self-defense. Under Arizona law, if the defendant acted to protect themselves or others from immediate harm, the act may not qualify as domestic violence. A defense attorney can argue that the defendant was justified in using force to prevent injury or protect another person, shifting the burden to the prosecution to disprove self-defense beyond a reasonable doubt.
• False Allegations: In some cases, particularly in contentious divorce or custody battles, one party may make false domestic violence allegations to gain an advantage. A defense attorney can present evidence showing that the accusations were fabricated or exaggerated, potentially leading to a dismissal of the charges.
• Mitigating the Consequences: Even if the evidence supports a domestic violence charge, a defense attorney can pursue avenues to reduce the penalties. This could include negotiating a plea deal that avoids jail time or participating in a diversion program, such as anger management counseling or substance abuse treatment, which may allow the defendant to avoid a domestic violence conviction on their record.
• Challenging Prior Convictions: In cases of aggravated domestic violence, where prior convictions within an 84-month period elevate the charges to a felony, an attorney can challenge the validity of those prior convictions. This could be done by questioning whether the prior offenses meet the legal definition of a domestic violence offense under ARS 13-3601, or by proving that they arose from the same series of acts, which could exclude them from being counted as separate violations.

By employing these defense strategies, a domestic violence lawyer can help individuals facing charges in Arizona challenge the prosecution’s case or seek alternatives to harsher penalties.

Even if the evidence seems overwhelming, legal representation can make a significant difference in achieving a favorable outcome, whether through dismissal, reduced charges, or minimized penalties.