Under Arizona law, “domestic violence” is not a standalone crime, meaning that in order for a person to be charged with DV, two conditions must be met:
In order for a person to be found guilty of an offense, the State must prove that the person charged was in a domestic or familiar relationship with the victim at the time of the offense. A.R.S § 13-3601 requires proof that the relationship between the defendant and the victim is one in which:
If you find yourself or a loved one being accused of Domestic Violence, let our experienced team of domestic violence defense attorneys handle the case. Call us at [602]-899-8000 for a free consultation.
Examples of relationships that would normally fall under the domestic violence statute include:
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 Domestic Violence Laws in Arizona, 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 familial 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:
Again, it is important to remember that the punishment outlined above is in addition to any penalties associated with the underlying criminal charges. For example, if you are convicted at trial of domestic violence aggravated assault with a deadly weapon, you would not only face the mandatory prison sentence for that offense but also be subject to the court-ordered domestic violence terms. If you’re facing such serious charges and need an experienced lawyer in Phoenix, reach out to Feldman & Royle—trusted Arizona domestic violence defense attorneys.
In addition to any punishment a person may face from the court system, DV charges and convictions often have consequences outside of jail and probation. Common collateral consequences for a domestic violence charge or conviction include:
SIDE NOTE: If you have already been convicted of a domestic offense, having the conviction set aside can often help to alleviate these issues. Click here for further information.
When a person commits a third felony or misdemeanor DV offense in eighty-four months (7 years) the third instance can be charged as aggravated domestic violence under A.R.S. § 13-3601.02.
Aggravated domestic violence is a class 5 felony. Punishment for aggravated domestic violence can range anywhere from probation (with jail) up to 2.5 years in prison.
As outlined above, if a person is found guilty of aggravated domestic violence, they will face not only the mandatory minimum jail time prescribed by law but also be required to complete court-ordered domestic violence counseling and pay full restitution to the victim. If you are facing aggravated domestic violence charges and need an experienced domestic violence lawyers in Phoenix, contact Feldman & Royle defense attorneys who can help protect your rights.
It’s often said that the best defense is a good offense. Choosing an experienced 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 a Domestic Violence Attorney in Phoenix can provide valuable insights into how self-defense can be used to combat domestic violence charges.
Domestic violence is a legal "designation" applied to many underlying crimes (like assault or harassment) when committed against a "family or household member" (e.g., spouse, cohabitant, shared parent, romantic partner), as defined by ARS § 13-3601.
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.
Arizona has very strict laws regarding sexual assault offenses, and registration in Arizona often lasts an entire lifetime.
Sexual assault crimes that would result in a mandatory registration for a sex offender includes:
However, registering as a sex offender in Arizona is ranked on three different tiers.
For all of these tiers, sex offenders only have ten days to register. Perpetrators of sexually violent crimes will not be allowed to live within 1000ft of public schools or daycare centers.
There are key differences between a simple assault charge and an aggravated assault charge, which is typically defined based on the severity of the case. A simple assault charge, which frequently results in a misdemeanor charge, can be punishable up to 12 months in prison along with a maximum fine of $2,500. Simple assault charges are typically the result of the following factors:
Aggravated assault charges stem from much more severe and malicious intent and action. An aggravated assault charge is a class 3 felony and can result in a much lengthier prison sentence and heavier fines. Aggravated assault charges may result from the following factors:
Essentially, the results of an aggravated assault charge are more serious than that of a simple assault charge. Malicious intent and severe injury is typical of aggravated assault cases.
Fighting charges involves challenging false accusations, proving self-defense, disputing evidence, asserting your rights, and negotiating with prosecutors for reduced charges or dismissal. Immediately contact an experienced domestic violence defense attorney.
For misdemeanor domestic violence, charges must be filed within one year. For felony domestic violence, the limit is typically seven years. Exceptions can extend these timeframes.
Punishment depends on the underlying crime (misdemeanor or felony) and includes jail/prison, fines, and mandatory counseling. Key consequences often include loss of firearm rights (even for misdemeanors) and significant impacts on child custody. Repeat offenses lead to harsher penalties.
