Many people will be surprised to find out that there is no specific crime of domestic violence in Arizona. The term is applied to other crimes, such as assaults and criminal damage, where there is a particular relationship between the parties. They are serious crimes and many people charged in Tempe will often seek the help of a Criminal Defense Attorney in Tempe as soon as possible.
Each case will depend on the relationship, facts and evidence. This section gives a simple breakdown of domestic violence crimes, when they become felonies and what can happen if you are convicted.
How does the state prove a domestic violence charge?
As domestic violence is a term rather than specific crime, the prosecution must prove a particular offense. If it is an assault then they must prove all the elements of an assault beyond a reasonable doubt and also prove the relationship between the parties. There is nothing for the defendant to prove.
The relationships that qualify are much wider than most people think. These include:
- Spouses or ex-spouses
- People living or previously living together
- People who share a child
- Current or previous romantic/sexual relationship
- Certain family members (in-laws and step-relations)
Some cases can have a large amount of evidence, including statements, 911 call, texts, photographs, medical reports and video evidence. However, some cases will have very limited evidence and only one person’s story. This can vary massively and it is important to note that the person who reported the incident to police does not decide whether the case proceeds. The decision lies with the prosecutor.
What offenses can be charged as domestic violence?
There are many crimes that can be classified as domestic violence depending upon the relationship. These include:
- Assault
- Threatening or intimidation
- Harassment
- Stalking
- Criminal damage
- Disorderly conduct
- Trespassing
- Violating an order of protection
You can be charged with multiple offenses relating to one incident. For example if there was an argument and your phone was smashed and a threatening text sent you could be charged with criminal damage and threatening or intimidation.
If this had happened with two strangers then you could still be charged with those offenses but would not be classed as domestic violence.
Is domestic violence a felony in Arizona?
It can be. Although most domestic violence cases in Arizona are charged as misdemeanors, it will depend on the crime you are being charged with. Aggravated assault will always be a felony. If the offense caused serious injury, involved a weapon or involved strangulation then it can become a felony.
If you have previous convictions for domestic violence then if you have two within the last 84 months you can be charged with aggravated domestic violence which is a felony. This means you will automatically receive a period of jail time before probation can even be considered.
Charges can change. The prosecutor can increase, alter or decrease the charges so the initial charge you see may not be the final charge.
What penalties can follow a domestic violence conviction?
The consequences will depend on the offense you have been convicted of. In Arizona, if you are convicted of a misdemeanor domestic violence offense you will be required to attend a domestic violence offender treatment program. This will be ordered by the judge and you will have to pay for it.
Other consequences can include fines, probation, jail and community restitution. If you have a recent conviction for domestic violence you may be put under supervised probation.
Often you will be given conditions relating to no contact. At your first appearance the judge can impose conditions that you cannot have contact with the other party. The other party can also request an order of protection from the court. Breaching either of these can result in new charges.
Some cases will be resolved through a plea deal. Some will go to court. Two people can be charged with the same offense and receive very different outcomes.
How can a domestic violence charge affect gun rights, jobs and housing?
This tend to stick with you. Under federal law if you are convicted of a misdemeanor domestic violence offense you can lose the right to own firearms. An order of protection can also stop you owning firearms while it is in place. This can mean losing your job if you have a role that requires you to carry a weapon, such as a security officer.
Background checks can be an issue. Many employers, licensing boards and landlords will see the conviction. Some will also ask about any charges.
In Arizona there are ways to improve your record. Depending on the outcome and current laws in place you may be able to ask the court to set aside the conviction or seal the record. This will depend on the offense and facts of the case so it is best to check.
Key takeaways
- Domestic violence in Arizona is a label added to other offenses, based on the relationship between the people involved.
- Most cases are misdemeanors, but serious injury, a weapon, strangulation or two prior convictions within 84 months can make it a felony.
- A misdemeanor domestic violence conviction requires an offender treatment program, and the effects on gun rights, jobs and housing can last for years.
Getting help with a domestic violence charge in Tempe
Often conditions will be imposed and a no-contact order will be in place. This can be at your first appearance to court, sometimes within a day of your arrest. By speaking to a Criminal Defense Lawyer in Tempe early you can understand what conditions have been imposed and how the law may apply to your case.
Disclaimer: The information in this article is for educational purposes only and should not be considered legal advice. Criminal laws and procedures vary from case to case and depend on Arizona law.
