Domestic Violence Charges in Arizona

At Tamou Law Group, we understand that domestic violence is a serious issue that affects many individuals and families in Arizona. If you or a loved one has been charged with domestic violence, it is important to understand the potential consequences of a conviction, as well as the legal options available to you.

Domestic violence is a serious crime that can have severe consequences for those convicted. In Arizona, domestic violence is defined as any act of violence or threat of violence against a family or household member. This can include physical assault, sexual assault, stalking, harassment, and more.

The severity of domestic violence charges can vary depending on the specific circumstances of the case, as well as the defendant’s criminal history. In general, domestic violence charges are considered to be more serious than other types of assault or battery charges, and can result in significant penalties if a conviction is obtained.

Domestic Violence Statutes in Arizona

  • The domestic violence statutes in Arizona are found in Title 13, Chapter 36 of the Arizona Revised Statutes. Some of the key domestic violence statutes are listed below.  It is important to note that Domestic Violence (“DV”) matters can be included in other crimes as an aggravator as well.  See below for more detail on the DV Statutes:
    • ARS § 13-3601: This statute defines domestic violence as any act of violence or threat of violence against a family or household member. The term “family or household member” includes spouses, former spouses, persons who have a child in common, persons who live together or have lived together, and persons who are related by blood or marriage. Acts of violence can include physical assault, sexual assault, threats, harassment, and stalking.
    • ARS § 13-3602: This statute establishes the penalties for domestic violence offenses. Depending on the severity of the offense, penalties can include fines, jail time, probation, and mandatory counseling or treatment. A first-time conviction for domestic violence is typically charged as a Class 1 misdemeanor, which can result in up to six months in jail and a fine of up to $2,500. However, domestic violence charges can be upgraded to a felony in certain circumstances, such as if the victim suffers serious physical injury or if the defendant has prior domestic violence convictions.
    • ARS § 13-3603: This statute outlines the procedures for obtaining an order of protection in cases of domestic violence. An order of protection is a court order that prohibits the defendant from having contact with the victim, and can also include provisions regarding child custody, financial support, and other matters. To obtain an order of protection, the victim must file a petition with the court and provide evidence of the domestic violence.
    • ARS § 13-3604: This statute prohibits the possession of firearms by individuals convicted of domestic violence offenses. Under federal law, anyone convicted of a domestic violence offense is prohibited from owning or possessing firearms. This includes not only convictions for domestic violence offenses under state law, but also convictions for similar offenses under tribal or military law.
    • ARS § 13-3605: This statute specifies the circumstances under which a person can be arrested for domestic violence offenses. If a law enforcement officer has probable cause to believe that domestic violence has occurred, they are required to make an arrest, even if the offense did not take place in their presence. In addition, if a victim requests that an arrest be made, the officer must take the offender into custody.
    • ARS § 13-3623: This statute requires law enforcement officers to complete a report of every domestic violence incident they respond to. The report must include information about the alleged offense, the victim, and any witnesses, as well as a description of any injuries or property damage. These reports can be used as evidence in criminal proceedings or in civil cases, such as cases involving orders of protection or child custody.

Sentencing Guidelines for Domestic Violence in Arizona

Classification Levels

DV offenses in Arizona are classified based on the severity of the offense and the potential harm to the victim. The classification levels for DV offenses are:

  • Class 1 Misdemeanor
  • Class 6 Felony (Lowest Felony)
  • Class 5 Felony
  • Class 4 Felony
  • Class 3 Felony
  • Class 2 Felony
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Mitigated and Aggravated Sentencing Guidelines for Domestic Violence in Arizona

Mitigated and Aggravated Sentencing

In addition to presumptive sentencing, DV offenses in Arizona can also carry mitigated and aggravated sentences. Mitigated sentencing occurs when the court determines that there are mitigating circumstances that warrant a lower sentence than the presumptive sentence. Aggravated sentencing occurs when the court determines that there are aggravating circumstances that warrant a higher sentence than the presumptive sentence.

For example, if the victim of a DV offense is pregnant or if a weapon was used in the commission of the offense, the court may impose an aggravated sentence. On the other hand, if the defendant has no prior criminal history or if the victim was not seriously injured, the court may impose a mitigated sentence.

The mitigated and aggravated sentencing times vary depending on the classification level and offender history. For Class 1 Misdemeanor DV offenses, the mitigated sentence can be as low as 0 days and the aggravated sentence can be as high as 1.5 years. For Class 6 Felony DV offenses, the mitigated sentence can be as low as 0 days and the aggravated sentence can be as high as 3 years.

In conclusion, the sentencing guidelines for DV offenses in Arizona are complex and vary depending on the classification level and offender history. If you have been charged with a DV offense, it is important to seek the guidance of an experienced criminal defense attorney who can help you understand your legal options and work to minimize the impact of these charges on your life.

First-Time Offenders

  • For first-time offenders, the presumptive sentence for a Class 1 Misdemeanor DV offense is six months in jail, with a minimum sentence of 0 days and a maximum sentence of 1 year. The presumptive sentence for a Class 6 Felony DV offense is 1 year, with a minimum sentence of 0 days and a maximum sentence of 1.5 years.

Offenders With 1 Historical Prior

  • For offenders with one historical prior conviction, the presumptive sentence for a Class 1 Misdemeanor DV offense is 12 months in jail, with a minimum sentence of 0 days and a maximum sentence of 1.5 years. The presumptive sentence for a Class 6 Felony DV offense is 2 years, with a minimum sentence of 0 days and a maximum sentence of 2.75 years.

Offenders With 2+ Historical Priors

  • For offenders with two or more historical prior convictions, the presumptive sentence for a Class 1 Misdemeanor DV offense is 24 months in jail, with a minimum sentence of 0 days and a maximum sentence of 2.75 years. The presumptive sentence for a Class 6 Felony DV offense is 3 years, with a minimum sentence of 0 days and a maximum sentence of 3.75 years.

It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.

Defending Domestic Violence Charges in Arizona

Sure, here are some common defenses that can be used in domestic violence cases:

  1. Self-Defense: A defendant may claim that they acted in self-defense or defense of others. If the defendant reasonably believed that they were in imminent danger of harm, and the force used was necessary to protect themselves or others, this may be a valid defense.
  2. False Accusations: In some cases, a victim may falsely accuse the defendant of domestic violence. This can occur due to a variety of reasons, such as revenge, jealousy, or mental illness. If the defense can provide evidence that the accusations are false or that the victim has a history of making false accusations, this may help to refute the charges.
  3. Lack of Evidence: The prosecution has the burden of proof in a criminal case, and must provide sufficient evidence to convince a jury of the defendant’s guilt beyond a reasonable doubt. If the evidence against the defendant is weak or circumstantial, this may help to cast doubt on the charges.
  4. Consensual Conduct: In some cases, the alleged domestic violence may have occurred in the context of consensual conduct. For example, if the alleged victim consented to rough sex, this may be a valid defense.
  5. Mental State: In some cases, a defendant may have a mental health condition that affected their ability to understand their actions or control their behavior. If the defense can show that the defendant was not in control of their actions at the time of the offense, this may be a valid defense.

How We Do It

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
  5. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

If you or a loved one is facing domestic violence charges in Arizona, it’s essential to seek the guidance of an experienced criminal defense attorney as soon as possible. At Tamou Law Group, we understand the serious nature of domestic violence charges and are committed to providing our clients with the knowledgeable and aggressive representation they need to protect their rights and freedoms. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today to schedule a consultation and learn more about how we can help with your domestic violence case.

Don’t wait to get the help you need. Contact us today at (623) 321-4699 to schedule a free case evaluation and learn more about how we can help you with your charges of domestic violence in Arizona.