Quick answer

Under A.R.S. § 13-3601.02, aggravated domestic violence is a felony that can apply when a person is accused of a new domestic violence offense and has two or more prior domestic violence convictions within a set look-back period. The new offense itself can be a misdemeanor-level act, such as a DV assault or criminal damage.

What Aggravated Domestic Violence Means Under Arizona Law

Aggravated DV is driven by history, not by how serious the new incident was. The State must prove a new offense that qualifies as domestic violence under A.R.S. § 13-3601, plus qualifying prior domestic violence convictions within the statute’s time window.

Many different offenses can count as domestic violence offenses when the relationship fits, including assault, threatening or intimidating, criminal damage, criminal trespass, disorderly conduct, harassment, and violating a court order. That is why a pattern of minor cases, each one resolved quickly, can add up to a felony.

The statute also counts conduct from other states, federal courts and tribal courts if it would have been a domestic violence offense in Arizona.

How Prior DV Convictions Are Counted

The details of the look-back period are often where an aggravated DV case is contested. A few rules from A.R.S. § 13-3601.02 come up repeatedly:

  • Offense dates control. The look-back period is measured by when the offenses were committed, regardless of the order in which convictions were entered.
  • One incident is one offense. Convictions arising out of the same series of acts do not count as separate prior violations.
  • The prior must be a DV offense. The State has to show that each prior involved a qualifying domestic relationship.
  • Out-of-state, federal and tribal priors can count if the conduct would have been a DV offense in Arizona.

Proving priors takes records, and records are not always complete or accurate. A careful review of each earlier case, including how it was charged and resolved, is a core part of the defense.

Not sure whether your old cases count toward an aggravated DV charge? Hire a defense attorney to check every prior against the statute before you make any decisions.

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Other Felony Domestic Violence Charges

Even without prior convictions, a single incident can be charged as a felony with a domestic violence designation. The most common route is aggravated assault under A.R.S. § 13-1204, which can apply when the State alleges:

  • Strangulation or suffocation, or impeding normal breathing or blood circulation, between people in a domestic relationship
  • A deadly weapon or dangerous instrument
  • A serious physical injury, a fracture or substantial temporary disfigurement
  • An assault committed while an order of protection is in effect

Other felony DV cases include kidnapping, burglary and certain threats or weapons offenses committed against a family or household member. Our aggravated assault defense page and domestic violence assault page explain how those charges work.

Penalties and Consequences

Aggravated domestic violence is a felony. The statute includes required jail time before release for people with multiple qualifying priors, and the court also weighs the facts of the new incident and your overall record. A felony conviction carries consequences that last well beyond the sentence:

  • Loss of the right to possess firearms in Arizona, along with federal firearm restrictions tied to DV convictions
  • Domestic violence offender treatment requirements
  • Effects on custody and parenting time in family court
  • Barriers to employment, housing and professional licensing
  • Serious immigration consequences for non-citizens
  • A higher exposure if any future case is filed

Our article on how repeat domestic violence offenses are handled and our guide to aggravated domestic violence charges offer more background.

Defending an Aggravated Domestic Violence Charge

An aggravated DV case can be attacked on two fronts: the new incident and the priors.

Challenging the new offense

  • Self-defense or defense of another under A.R.S. § 13-404
  • False, exaggerated or mistaken accusations, which can surface in breakups and custody disputes
  • Lack of the required intent, or an accident
  • No qualifying relationship under A.R.S. § 13-3601
  • Insufficient or improperly obtained evidence

If the new offense is not proven, the aggravated DV charge cannot stand.

Challenging the prior convictions

  • Whether each prior falls within the look-back period based on offense dates
  • Whether two priors actually arose from the same series of acts
  • Whether a prior was truly a domestic violence offense
  • Whether out-of-state, federal or tribal records establish what the State claims
  • Whether the State can properly prove each prior with reliable records

Sometimes the most realistic goal is a resolution that keeps the case from being treated as aggravated DV. Whether that is possible depends on the evidence, the prosecutor and your history. No outcome can be promised.

How an Aggravated DV Case Moves Through Court

  1. Arrest and initial appearance. A judge sets release conditions, almost always including no contact.
  2. Charging in Superior Court. Felony charges are filed by complaint, indictment or information and proceed in the county Superior Court, such as Maricopa County Superior Court.
  3. Arraignment. You enter a plea and the case is scheduled.
  4. Disclosure and investigation. The State provides reports, recordings and its proof of priors. Your lawyer reviews each piece and investigates independently.
  5. Motions, negotiation and trial. Your lawyer can challenge evidence and priors, negotiate, or take the case to trial, where the State must prove every element beyond a reasonable doubt.

Facing a felony DV charge? Hire a criminal defense attorney before your arraignment in Superior Court.

Call (602) 888-8020Free case review
Christian Lueders, Guardian Law Group criminal defense attorney, smiling under a colonnade in downtown Phoenix

Why Choose Guardian Law Group for an Aggravated DV Case

Felony experience on both sides

Christian Lueders handled felony prosecutions for the Maricopa County Attorney’s Office. He knows what prosecutors need to prove a repeat-offense allegation and how those records are assembled.

A close review of the past

Aggravated DV cases often depend on decisions made in earlier cases. Those records are pulled, read and checked against the statute, not taken at face value.

Clear, private communication

You will understand where your case stands and what each option means for your family and future. Read our client reviews and awards and recognition.

Related pages

Aggravated Domestic Violence in Arizona: Frequently Asked Questions

What is aggravated domestic violence in Arizona?

Under A.R.S. § 13-3601.02, aggravated domestic violence is a felony charge for a new domestic violence offense by someone with two or more prior domestic violence convictions within a set look-back period. Some prior convictions from other states, federal courts and tribal courts can count.

Is aggravated domestic violence a felony?

Yes. Aggravated domestic violence is a felony in Arizona, even when the new incident on its own would have been a misdemeanor.

How far back do prior DV convictions count?

The statute uses a set look-back period, measured by the dates the offenses were committed rather than the order of the convictions. Convictions arising from the same series of acts do not count separately.

Is strangulation aggravated domestic violence?

Strangulation in a domestic relationship is usually charged as aggravated assault under A.R.S. § 13-1204 with a domestic violence designation, which is a felony. People often call this aggravated DV, but the statute named aggravated domestic violence is about repeat offenses.

Can an aggravated DV charge be reduced?

Sometimes. If a prior conviction does not qualify, falls outside the look-back period or cannot be properly proven, or if the new offense is weak, the charge may be reduced or dismissed. Results depend on the facts and the prosecutor, and none can be promised.

Will I lose my gun rights?

A felony conviction makes a person a prohibited possessor under Arizona law, and federal law adds firearm restrictions after certain domestic violence convictions.

Is the case review free?

Yes, the case review is free and confidential. Call 602-888-8020, available 24/7, or request a call back with just your name and phone number.