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
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. Misdemeanors do not have mitigated or aggravated ranges: a Class 1 misdemeanor DV offense carries anywhere from no jail up to a maximum of six months (A.R.S. 13-707). A first-offense Class 6 felony DV offense is probation-eligible; if prison is imposed, the term ranges from 0.33 years (mitigated) to 2 years (aggravated) under A.R.S. 13-702.
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, a Class 1 misdemeanor DV offense carries up to six months in jail; misdemeanors have no presumptive term, and probation is common. A Class 6 felony DV offense is probation-eligible; if prison is imposed, the presumptive term is 1 year, within a range of 0.5 to 1.5 years that can be mitigated to 0.33 years or aggravated to 2 years.
Offenders With 1 Historical Prior
A prior conviction does not raise the six-month cap on a Class 1 misdemeanor, although a third DV offense within 84 months can be charged as aggravated domestic violence, a Class 5 felony (A.R.S. 13-3601.02). For a Class 6 felony DV offense with one historical prior felony conviction, the presumptive term is 1.75 years, within a range of 0.75 to 2.75 years (A.R.S. 13-703).
Offenders With 2+ Historical Priors
The six-month cap on a Class 1 misdemeanor still applies with two or more priors. For a Class 6 felony DV offense with two or more historical prior felony convictions, the presumptive term is 3.75 years, within a range of 2.25 to 5.75 years (A.R.S. 13-703).
Defending Domestic Violence Charges in Arizona
Sure, here are some common defenses that can be used in domestic violence cases:
- 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.
- 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.
- 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.
- 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.
- 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.
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
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.