Domestic violence is a serious charge. If you are facing domestic violence charges, consider speaking with an Arizona criminal defense attorney right away.
Under A.R.S. 13-3601, domestic violence is a violent offense committed against:
In determining whether the parties had been engaged in a romantic or sexual relationship, the court may consider the length and type of the relationship, how often the parties interact, and how long the parties’ relationship has been terminated, if at all.
A person is guilty of aggravated domestic violence if they commit a third act of domestic violence in an 84-month period. This offense carries a minimum sentence of four months in jail if they have had two prior domestic violence convictions, or eight months if they have had three or more prior domestic violence convictions. It is treated as a class 5 felony. How the Police May Handle Suspected Domestic Violence
According to Arizona law, the police may arrest a person whom they have probable cause to believe has committed an act of domestic violence. If the suspected act was an infliction of physical injury or involved the discharge or threat of a deadly weapon, the officer must arrest the suspect if they are at least 15 years old. Typically, the police do not arrest both parties, unless, however, they have probable cause to believe that both parties independently committed acts of domestic violence. Self-defense does not constitute domestic violence.
If there is a firearm on the premises, the police may temporarily seize the firearm and provide a receipt identifying the firearm that was seized. However, certain conditions are triggered when a firearm is found. For example, if a firearm is found on the premises, the police must warn a victim when the firearm is released from custody. Further, the police may suspect that returning the firearm would endanger the victim or another person. If so, the police may attempt to retain the firearm. The owner of the firearm then has an opportunity to hold a hearing to dispute the seizure.
If a minor is present when the officer is responding to a call alleging domestic violence, the police must conduct a child welfare check to ensure the child is safe.
Domestic violence itself is not a crime, but rather a designation. The penalties for domestic violence generally align with the specific crime that was committed. For example, if the defendant is charged with domestic violence in the form of stalking, then their potential penalties would be the same as a stalking charge.
One exception to this is when the victim is pregnant. If the victim was pregnant when the act was committed, then the court may increase the sentence. For violent offenses against a pregnant person, where the defendant knew the victim was pregnant and caused physical injury, the term of imprisonment may be increased up to two years.
The defendant, upon conviction of a domestic violence charge, must also complete mandatory classes.
Domestic violence charges are common in Arizona because the statute encompasses a wide range of relationships and criminal acts. There is a common misconception that domestic violence is just between romantic or sexual partners, but the way the statute is written, you could also be charged with domestic violence for getting into a fight with a brother-in-law, for example.
While many cases of domestic violence are serious, there are some instances where a party or passerby calls the police because there is a loud argument of some sort, and when the police arrive, they charge one or both individuals with disorderly conduct, which is then tagged with the domestic violence designation. In these types of cases, you should consider speaking with an attorney right away to try to get the charges dropped. In some cases, the other party wants to drop the charges after they have had an opportunity to cool down. In reality, however, the prosecutor is the one who gets to decide whether to pursue a conviction. Prosecutors may be concerned that the victim is being pressured by the defendant to ask for the charges to be dropped, and as a result, will likely continue to prosecute the domestic violence charge. It is in your best interest to consult with an experienced criminal defense attorney in Arizona if you are facing domestic violence charges.
Often after a defendant has been charged with domestic violence, they are not allowed to have contact with the victim, which can be difficult if you share a home. If you are ordered by the court not to return to your house, this may pose a serious logistical and financial burden. An attorney may file a motion on your behalf attempting to modify the terms of your release, which a court may grant if it finds that the other party would not be in danger if the defendant is permitted to contact them or return to the home.
Victims of domestic violence are permitted under Arizona law to terminate their lease early if they provide written notice to the landlord as well as a copy of a protective order or departmental report evidencing the alleged domestic violence. This allows the victim to end their lease without any penalties and vacate the premises. This terminates the lease for all tenants sharing the property as well.
Domestic violence charges carry serious consequences. An experienced Arizona criminal defense attorney may identify relevant defenses, negotiate with the prosecutor, and fight for the best possible outcome in your case.