Facing a domestic violence charge in Arizona can result in life-altering consequences for you and your family. A domestic violence conviction can destroy relationships, tarnish reputations, and severely damage finance and career opportunities. If you have been accused of domestic violence in Arizona, contact a domestic violence attorney who can educate you on your options, construct a solid defense, and represent your best interests.
Even without a conviction, a simple accusation or charge can result in immediate repercussions that may be difficult to reverse. Here, we will detail Arizona’s domestic violence laws, including potential penalties for a domestic violence conviction. We also explain how working with a highly qualified domestic violence lawyer can make a difference in your case.
Domestic Violence in Arizona Explained
Domestic violence in Arizona is defined under A.R.S. 13-3601. The statute outlines who can be charged with domestic violence and which crimes can be labeled as domestic violence in Arizona. Additionally, the statute details some of the aggravating factors for a domestic violence charge.
Who Can Get Charged With Domestic Violence in Arizona?
The term domestic violence implies that the violence must take place in the home.
While these incidents often take place within a family home, a domestic violence crime can occur at any place or time, as long as the victim and the accused have or have had one of the following relationships:
- They are married or were formerly married
- They lived or currently live in the same household
- They share a biological child
- Either the victim or accused is pregnant by the other
- One party is related by blood, or their current or former spouse is related by blood or court order to the other party
Domestic violence in Arizona can also occur between two individuals who have had a romantic or sexual relationship. For a domestic charge to be levied in this case, a judge may consider how long the relationship lasted and how often the couple interacted, as well as the time that has passed since a breakup.
A person can be arrested during a domestic violence incident with probable cause or if there is the threat of physical harm or the presence or use of a firearm, as long as the accused is fifteen years or older. Even if charges are not levied when the incident occurred, charges can be brought forth later as long as the case remains within its statute of limitations, which is the length of time an individual has to file a domestic violence case.
Types of Domestic Violence Charges in Arizona
Per A.R.S. 13-3601, Section A, domestic violence applies to specific crimes, including:
- Assault and Aggravated Assault – Assault occurs when an individual is threatening another person or causing them physical harm. It can also occur if someone places a person in imminent danger of physical harm.
- Threatening or Intimidating – This violation occurs when an individual threatens or intimidates someone through words or actions to cause physical injury or serious bodily harm.
- Unlawful Imprisonment – Unlawful imprisonment involves knowingly restraining someone against their will.
- Stalking – This violation consists of engaging in obsessive conduct that causes a person to feel emotional distress or fear.
- Harassment and Aggravated Harassment – Harassment involves repeatedly and knowingly harassing a person, including communicating with, surveilling, or following them.
- Endangerment – This type of domestic violence occurs when someone is placing another at substantial risk of physical harm or death.
- Custodial Interference – This violation occurs when someone entices a minor away from their custodial parent or lawful guardian or denies someone access to a child when they have the legal right.
These, and other crimes under the statute, can lead to a domestic violence offense and can carry additional consequences if a person is convicted.
Penalties for an Arizona Domestic Violence Conviction
If it leads to a conviction, a domestic violence-related incident can come with significant penalties such as large fines and jail or even prison time. Most domestic violence crimes can be charged as either misdemeanors or felonies, meaning consequences can vary dramatically depending on how serious an offense is. In Arizona, both misdemeanors and felonies are classified, with Class 1 being the most serious.
In addition to the above penalties, a domestic violence crime may require participation in domestic violence counseling. A domestic violence protective order may also be issued, which can lead a person to lose access to their property if the victim resides in a shared home.
When the victim of a domestic violence crime is a minor, an elderly person, or a pregnant person, these aggravating factors can mean additional penalties are added to a convicted person’s sentence. Aggravated domestic violence or multiple domestic violence convictions within 84 months are typically charged as felonies.
It’s also important to note that a domestic violence conviction cannot be set aside or expunged. This can leave a stain on your record, limiting your access to job and housing opportunities following sentence completion. With all of the potential penalties that come with a domestic violence charge, it’s crucial that you seek help from an experienced lawyer who can represent you fiercely.
The Impact of a Domestic Violence Charge on Arizona Child Custody Cases
While each consequence of a domestic violence charge can be overwhelming, one of the most emotional can be the impact a conviction has on your relationships. This is especially true if there are children involved. A history of crime or abuse can hamper any current or future child custody disputes. If the accused has custody of a child, or if they are in the middle of a custody dispute, they may lose their privilege over their children in Arizona.
Following an arrest, while a person is released pending trial for domestic violence, courts may issue a preliminary injunction preventing the accused from harassing or disturbing the other party or their children. This also means the defendant cannot remove children from their homes.
What Does a Domestic Violence Lawyer Do?
Domestic violence charges in Arizona can be overwhelming, especially when you have little legal experience and are already dealing with stress from your situation. The legal requirements ahead of you can feel like an insurmountable challenge to overcome. Whether you have been falsely accused of domestic violence or you made a mistake that led to the charge, it is critical that you seek the guidance of a domestic violence lawyer.
Highly seasoned Arizona domestic violence attorneys can provide indispensable support if you have been accused of domestic violence and are facing charges. A skilled criminal defense attorney who understands Arizona domestic violence laws can help build a robust defense for your case and fiercely combat a domestic violence accusation.
Can a Lawyer Help With an Arizona Domestic Violence Charge?
A lawyer can help with an Arizona domestic violence charge at any point in your case. Ideally, you should contact a domestic violence attorney as soon as you are arrested for domestic violence or if someone has accused you of domestic violence. A trusted attorney can start by evaluating your case; then, they will examine the charges, discuss potential penalties associated with them, and share possible defense strategies.
Your attorney can then examine the evidence in your case, including reading police reports, assessing witness statements, and evaluating any additional evidence collected during the incident and following the arrest.
Following discovery and evidence review, a domestic violence attorney can recommend either negotiating a plea deal with the state prosecutor or pursuing a defense in court. If negotiation is the ideal path forward, the attorney can communicate with the prosecutor and discuss a favorable plea deal, pursue lesser charges, or work to get your charges dismissed altogether.
In some cases, the most optimal decision is to pursue a case in court. A skilled attorney can provide vigorous domestic violence defense by presenting strong evidence and favorable witnesses, in addition to using their negotiation skills to defend you against the prosecution.
How Do You Defend a Domestic Violence Case?
Success in a criminal case hinges on a strong defense. For domestic violence charges, a seasoned attorney has several potential defenses at their disposal that could lead to an acquittal. They may also work to negotiate a favorable plea settlement, depending on the circumstances of the incident.
Some potential defenses for domestic violence in Arizona include:
- Self-Defense – A lawyer can attempt to prove that an incident resulted from actions that were intended to protect oneself from harm.
- False Accusations – This entails demonstrating that an accusation of domestic violence has been fabricated.
- Lack of Evidence – Another potential defense includes demonstrating that there is insufficient evidence proving that domestic violence occurred.
How to Choose a Domestic Violence Defense Attorney in Arizona
Now that you understand what domestic violence charges in Arizona entail and how a domestic violence lawyer can help you fight these charges, you should be aware of some important factors to consider when choosing an Arizona domestic violence attorney.
The following are some key factors to keep in mind when choosing legal support:
- Years of Local Practice – Working with a qualified criminal defense attorney with years of practice in Arizona can prove advantageous in your defense case.
- Knowledge of Domestic Violence Laws – It is key that your attorney understands the domestic violence laws in the state and has succeeded in defending clients with similar charges.
- Communicative and Empathetic Approach – Knowledge and skills are essential, but it is also important to find a domestic violence attorney who is empathetic and ready to listen to you and answer your questions and concerns.
At The Valley Law Group, we combine each of these practices to provide our clients with superior representation throughout complex domestic violence cases. We understand that dealing with charges like these can be overwhelming, which is why we’re ready to provide strategic, compassionate legal representation that is dedicated to the pursuit of justice.
Domestic Violence Laws in Arizona FAQs
Understanding Arizona laws and penalties associated with domestic violence can be difficult. Each case is unique, and many questions accompany a domestic violence charge.
Here are a few frequently asked questions about domestic violence defense cases that our firm encounters.
Get Help As You Face Arizona Domestic Violence Charges
Facing any kind of domestic violence-related charge in Arizona can be daunting. No matter what your situation entails, it’s crucial that you do not wait to seek legal representation from a lawyer that you can trust. At The Valley Group, our highly qualified criminal defense attorneys are adept at navigating and representing domestic violence cases in Phoenix across Arizona. We have decades of experience defending our clients against complex charges and defending their rights in and out of the courtroom.
If you are facing a domestic violence charge in Arizona, schedule a consultation with our firm to learn more about how we can help you win your case.
Sources:
- Arizona Legislature. (n.d.). A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure; reporting; diversion program; exception. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/03601.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1201: Endangerment; classification. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01201.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1202: Threatening or intimidating; classification. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01202.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1203: Assault; classification. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01203.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1204: Aggravated assault; classification; definitions. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01204.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1302: Custodial interference; child born out of wedlock; classification. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01302.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1303: Unlawful imprisonment; classification. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01303.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2921: Harassment; classification; exceptions; definitions. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/02921.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2921.01: Aggravated harassment; classification; definitions. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/02921-01.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-2923: Stalking; classification; exceptions; definitions. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/02923.htm
- Arizona Legislature. (n.d.). A.R.S. § 13-1304: Kidnapping; classification; consecutive sentence. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/01304.htm
- Maricopa County Superior Court. (n.d.). Protective orders. Retrieved January 14, 2025, from https://superiorcourt.maricopa.gov/llrc/protective-orders/
- Arizona Legislature. (n.d.). A.R.S. § 13-905: Restoration of civil rights; application; definition. Arizona Revised Statutes. Retrieved January 14, 2025, from https://www.azleg.gov/ars/13/00905.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder
