Domestic violence is a serious matter in Arizona’s legal system, with charges that can vary widely in severity and consequences. Understanding whether a domestic violence charge escalates to a felony is crucial for those facing allegations or assisting someone in a similar situation. Recognizing the legal thresholds and aggravating factors is vital. These factors include serious physical injuries, use of weapons, repeat offenses, and the potential for lengthy prison sentences and life-altering consequences.
Is Domestic Violence Always Charged as a Felony in Arizona?
No, domestic violence is not always a felony in Arizona. Domestic violence is classified as an enhancement to other criminal charges, which can be either misdemeanors or felonies depending on the underlying offense, prior convictions, and aggravating circumstances. Most first-time domestic violence incidents without serious injuries or aggravating factors are charged as misdemeanors.
Understanding Domestic Violence Classification in Arizona
In Arizona, domestic violence itself is not a standalone criminal charge. Instead, it functions as a designation or enhancement that can be added to various criminal offenses when they occur between people in specific relationships. According to Arizona law, a domestic relationship exists between:
- Current or former spouses
- People who live or have lived together
- People who share a child
- People related by blood or court order
- Current or former romantic or sexual partners
- Pregnant women and the alleged father of their child
When a crime occurs between people with any of these relationships, the domestic violence designation can be added to the underlying charge. This designation affects how the case is processed, the penalties imposed, and the long-term consequences of a conviction.
Misdemeanor Domestic Violence Charges
Most domestic violence cases in Arizona begin as misdemeanor charges. These typically include:
- Disorderly conduct (Class 1 misdemeanor)
- Harassment (Class 1 misdemeanor)
- Simple assault (Class 1, 2, or 3 misdemeanor depending on circumstances)
- Criminal damage (Class 1 or 2 misdemeanor depending on the value of property)
- Threatening or intimidating (Class 1 misdemeanor)
- Preventing use of telephone in emergency (Class 2 misdemeanor)
A Class 1 misdemeanor domestic violence conviction can result in up to six months in jail and fines up to $2,500. Class 2 and 3 misdemeanors carry progressively lighter potential sentences. Additionally, courts typically mandate completion of a domestic violence treatment program, which usually consists of 26-52 weekly sessions.
Factors That Change Domestic Violence to a Felony
Several circumstances can change a domestic violence charge from a misdemeanor to a felony in Arizona:
Serious Physical Injuries
When domestic violence results in serious physical injury to the victim, the underlying charge often becomes aggravated assault, which is a felony. “Serious physical injury” under Arizona law means physical injury that creates a reasonable risk of death or causes serious disfigurement, impairment of health, or loss or impairment of an organ or limb.
Use of Weapons or Dangerous Instruments
Using a deadly weapon or dangerous instrument during a domestic violence incident automatically escalates the charge to aggravated assault, typically a Class 2 or 3 felony depending on the specific circumstances. This includes not only firearms but also knives, blunt objects, or any item used in a way that could cause serious injury.
Strangulation or Suffocation
Impeding normal breathing or circulation by applying pressure to the throat or neck, or by blocking the nose and mouth, is classified as aggravated assault and charged as a Class 4 felony when designated as domestic violence.
Domestic Violence Involving Children
Committing domestic violence in the presence of a child is an aggravating factor that can increase charges. Additionally, when children are direct victims of domestic abuse, the charges can include child abuse, which may range from a Class 4 to a Class 2 felony depending on the circumstances.
Violation of Protective Orders
Committing domestic violence while subject to an order of protection or while released on bail for a previous domestic violence charge can escalate the new charge to a felony, regardless of the underlying offense.
Prior Convictions and Repeat Offenses
One of the most common pathways from misdemeanor to felony domestic violence charges is through repeat offenses:
The “Third Strike” Rule
Arizona has a specific provision for aggravated domestic violence, which applies when a person commits a third or subsequent domestic violence offense within a seven-year period. Even if all the individual offenses would normally be misdemeanors, the third offense within this timeframe can be charged as a Class 5 felony.
This means that if you have two prior domestic violence convictions within the past seven years, a third offense—even something relatively minor like disorderly conduct with a domestic violence designation—could become a felony.
Out-of-State Convictions
Prior domestic violence convictions from other states count toward the three-strikes rule in Arizona. The court examines whether the elements of the out-of-state offense would constitute domestic violence under Arizona law.
Specific Felony-Level Domestic Violence Offenses
Aggravated Assault as Domestic Violence
Aggravated assault in a domestic violence context is a serious felony. The classification ranges from Class 2 to Class 6, depending on the specific circumstances, with Class 2 being among the most serious felonies short of murder. Factors that determine the felony class include whether the victim was bound or restrained, whether serious physical injury occurred, and whether a deadly weapon was used.
Kidnapping as Domestic Violence
When a person knowingly restrains another with the intent to hold them for ransom, use them as a shield, inflict injury, interfere with governmental functions, or commit a separate felony, it constitutes kidnapping. In a domestic violence context, this is often charged when a person prevents their partner from leaving during an altercation. Kidnapping is a Class 2 or 3 felony.
Child Abuse as Domestic Violence
When domestic violence involves children, additional charges of child abuse may apply. These range from Class 4 to Class 2 felonies, depending on whether the abuse was intentional or reckless.
Sexual Assault in Domestic Relationships
Sexual assault within a domestic relationship is a Class 2 felony. Arizona law does not provide exceptions for marital relationships—sexual assault can occur between spouses and is treated as seriously as any other sexual assault.
Legal Penalties for Felony Domestic Violence
The penalties for felony domestic violence convictions vary by the class of felony:
- Class 2 Felony: 3 to 12.5 years for a first offense
- Class 3 Felony: 2 to 8.75 years for a first offense
- Class 4 Felony: 1 to 3.75 years for a first offense
- Class 5 Felony: 0.5 to 2.5 years for a first offense
- Class 6 Felony: 0.33 to 2 years for a first offense
These ranges increase markedly for defendants with prior felony convictions. Additionally, certain domestic violence offenses have mandatory minimum sentences that the judge cannot reduce.
Beyond imprisonment, felony domestic violence convictions typically include:
- Fines up to $150,000 plus surcharges
- Restitution to the victim
- Required completion of domestic violence treatment programs
- Supervised probation
Long-Term Consequences of a Felony Conviction
The impact of a felony domestic violence conviction extends far beyond the criminal sentence:
Loss of Gun Rights
Federal law prohibits anyone convicted of a misdemeanor or felony domestic violence offense from possessing firearms. For a felony conviction, these rights are permanently lost unless the conviction is set aside or pardoned.
Employment Challenges
Felony convictions appear on background checks and can substantially limit employment opportunities. Many industries and employers exclude felons, particularly those convicted of violent offenses.
Housing Difficulties
Many landlords refuse to rent to individuals with felony convictions, especially for violent crimes. This can create considerable housing challenges.
Child Custody Implications
Family courts consider domestic violence convictions when making custody and visitation determinations. A felony domestic violence conviction often results in supervised visitation or loss of custody rights.
Immigration Consequences
For non-citizens, a domestic violence conviction can lead to deportation proceedings, denial of naturalization, or an inability to adjust immigration status.
Defenses to Felony Domestic Violence Charges
Before proceeding, it may be beneficial to consult with a Phoenix domestic violence attorney to help you understand your legal options.
Several legal defenses may be available in domestic violence cases:
Self-Defense Claims
If you reasonably believed you were in imminent danger and used proportional force to protect yourself, self-defense may be applicable. Arizona’s self-defense laws do not require a person to retreat before using reasonable force.
False Accusations
Unfortunately, false accusations sometimes occur in domestic situations, particularly during contentious divorces or custody disputes. Evidence of motive to lie, inconsistent statements, or lack of injuries may support this defense.
Lack of Evidence
The prosecution must prove every element of the charge beyond a reasonable doubt. Often, domestic violence cases rely heavily on victim testimony, and if that testimony is inconsistent or unsupported by physical evidence, it may be insufficient for conviction.
Constitutional Violations
If police violated your constitutional rights during investigation or arrest—such as conducting illegal searches or failing to read Miranda rights—evidence obtained may be suppressed.
The Legal Process for Domestic Violence Cases
- Arrest and Initial Appearance: After arrest, you’ll appear before a judge who will set release conditions and potentially issue an order of protection.
- Grand Jury or Preliminary Hearing: For felony charges, the prosecution must establish probable cause through either a grand jury indictment or a preliminary hearing.
- Arraignment: You’ll be formally charged and asked to enter a plea.
- Pre-Trial Proceedings: This phase includes discovery, where evidence is exchanged, and motion hearings, where legal issues are addressed.
- Plea Negotiations: Many cases resolve through plea agreements rather than trial.
- Trial: If the case goes to trial, both sides present evidence and arguments before a judge or jury renders a verdict.
- Sentencing: If convicted, a separate hearing determines the appropriate sentence.
Getting Legal Help for Domestic Violence Charges
If you’re facing domestic violence charges in Arizona, especially felony charges, securing experienced legal representation is essential. To ensure your rights are protected, consider reaching out to a Phoenix domestic violence lawyer who can evaluate your case.
A knowledgeable criminal defense attorney can:
- Evaluate the evidence against you
- Identify potential defenses
- Negotiate with prosecutors for reduced charges or penalties
- Represent you effectively at trial if necessary
- Guide you through the complex legal process
Domestic violence charges—particularly felonies—can have life-altering consequences. Understanding the factors that escalate these charges to felonies and taking prompt, appropriate legal action can make a considerable difference in the outcome of your case.
