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:
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 Arizona law, 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 laid out above is in addition to any punishment associated with underlying criminal charges. For instance, if you were convicted at trial of DV aggravated assault with a deadly weapon, you would have the required domestic violence terms order on top of the mandatory prison sentence for aggravated assault with a deadly weapon.
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, in addition to the mandatory minimum jail time prescribed by law, the defendant must complete court ordered domestic violence counseling and pay any and all restitution to the victim.
It’s often said that the best defense is a good offense. Choosing a qualified 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 an attorney can provide valuable insights into how self-defense can be used to combat domestic violence charges.
If you have been charged with an Arizona domestic violence crime, you want an experienced and reliable domestic violence defense attorney to help you navigate the legal system. Feldman & Royle is a trusted criminal defense law firm with attorneys experienced in defending domestic violence cases throughout Arizona. We know that reaching the best outcome for you requires that we specifically customize our criminal defense representation by learning about you, your circumstances, and the details of your case. Call us for a free, no obligation consultation.
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.
Arizona has a strict, 30-day hold policy on vehicles impounded from owners who were charged with extreme DUI, aggravated DUI or underage DUI. Under A.R.S 28-3511 police are required to impound all vehicles for a 30-day minimum for all arrests made pursuant to these violations.
For those with an impounded vehicle coupled with a 30-day hold, there are ways to retrieve your car early under limited circumstances. For example, a spouse may be able to retrieve the impounded car early despite a hold, given that the spouse agrees not to let the offender drive his/her vehicle for one year or the length of the DUI license suspension. Additionally, any “co-owners” listed on the vehicle title are also able to get the car out of impound. Co-owners may include a financing company that granted a car loan to the offender, meaning that the financing company can help get the vehicle from impound. Read more
In Arizona, selling prescription drugs that are specifically prescribed to you, by a doctor, in order to treat a specific condition is illegal. You cannot sell drugs that are prescribed to you to others. Arizona has the 6th highest mortality rate for drug overdoses in the nation, and the majority of these overdoses are caused by prescription drug use. Because of this, Arizona law enforcement has cracked down on prescription drug dealing through an increase in prosecutions and arrests. Additionally, Arizona has strict laws for health care providers who grant prescriptions to patients who do not actually need the drug. Additional examples of crimes involving prescription drug fraud include: forging a prescription, using another person’s prescription, or altering a medical prescription (such as changing the dosage).
