1. the victim and the defendant must have a qualifying relationship as described in the statue; and
2. the crime committed upon the victim must be one that is listed in the statute.
The victim and defendant are married or were married at one time;
The victim and defendant have a child in common;
The victim or the defendant is pregnant by the other party;
The victim is related to the defendant or the defendants’ spouse by blood;
The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant; or
The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.
People involved in romantic relationships;
Married couples;
Parents and children;
Siblings;
Stepchildren and stepparents; or
Roommates (while roommates are often charged under the domestic violence statutes, the law in Arizona remains unclear in this area. For more information about roommates charged with DV, click here).
A.R.S. §13-3601 lays out exactly which crimes qualify as being eligible to have a DV allegation. Examples of Arizona crimes that domestic violence is often associated with include:
Under Arizona law, only the prosecutor has the power to drop charges. While the victim’s input and unwillingness to pursue charges against the defendant can be a factor heavily weighed by the prosecutor, the victim does not control the decision to drop charges. Should the prosecutor be unwilling to drop charges, having the case dismissed can only be accomplished via a plea agreement to diversion or through a victory at trial. Successfully navigating plea negotiations or prevailing at trial is best handled by a skilled domestic violence lawyer.
SIDE NOTE: Utilizing a domestic violence attorney on behalf of the victim is an option and can be tremendously beneficial in negotiating the criminal justice system and urging the State to drop charges.
If the State can prove both the underlying crime (i.e. assault, disorderly conduct, etc.) and the domestic or familiar relationship between the defendant and victim, a person must be sentenced under Arizona’s DV laws. These laws require that in addition to any punishment prescribed by the underlying criminal charge:
The court must order that the individual:
The court may also:
Impose additional fines and surcharges;
Order that jail or prison be served;
Require the defendant complete anger management or substance abuse counseling in addition to the mandatory DV counseling;
Order that the defendant have no contact with the victim.
Two prior DV convictions: If someone has been convicted of two prior DV violations within eighty-four months, the person cannot receive probation until an initial four-month jail sentence been completed.
Three or more DV convictions: If someone has been convicted of three or more prior DV violations within eighty-four months, the person cannot receive probation until an initial eight-month jail sentence been completed.
It’s often said that the best defense is a good offense. Choosing a qualified domestic violence lawyer is a key component to ensuring that your charges are properly defended against. Your attorney should be able to assert any and all defenses necessary to obtain an acquittal. The exact defense strategy for a domestic violence offense depends on the underlying crime for which you have been charged. For example, the defenses asserted in defending a domestic violence assault crime will likely differ from those used in defending a domestic violence harassment charge.
That said, self-defense in domestic violence cases is a primary defense asserted in many of the strongest defense strategies. Because so many of the crimes associated with domestic violence have self-defense as a possible defense tool, evaluating this option is a necessary part of any case evaluation. Consulting with an attorney can provide valuable insights into how self-defense can be used to combat domestic violence charges.
If you have been charged with an Arizona domestic violence crime, you want an experienced and reliable domestic violence defense attorney to help you navigate the legal system. Feldman & Royle is a trusted criminal defense law firm with attorneys experienced in defending domestic violence cases throughout Arizona. We know that reaching the best outcome for you requires that we specifically customize our criminal defense representation by learning about you, your circumstances, and the details of your case. Call us for a free, no obligation consultation.
No. As with all victim related crimes in Arizona, the State is the party that brings charges, not a particular victim. Once police have been called and an arrest decision has been made, police refer the case to a prosecutor for charging. Only a prosecutor can opt to have charges dropped after review of the case.
Whether DV is a felony depends on which underlying crime the domestic violence allegation is associated. While statistically more domestic violence charges are filed as misdemeanors, even misdemeanor domestic violence charges can have severe consequences.
The statue of limitations depends on the underlying charge associated with the DV allegation. Generally, the statute of limitations for a domestic violence offense in Arizona is 1-year for a misdemeanor or 7 years for a felony. However, some domestic violence offenses have no statute of limitations.
Domestic violence (DV) charges are not necessarily charges in Arizona but rather allegations or enhancement to underlying criminal charges. For example, you can commit assault without it being a DV Assault but if you assault a romantic partner, it would be charged as DV Assault.
Yes. If police learn a gun is present or a gun is either in plain view or found after a consensual search of the property, the police may seize the weapon. In these situations, if a gun is seized by police it must be held for at least seventy-two hours. Receipt of the weapon must be given to the lawful owner.
No. While many cases do go to trial, many other DV cases are dismissed prior to trial or negotiated via a plea agreement.
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