Domestic violence cases in Arizona are treated with particular gravity by the legal system. Unlike some states, Arizona doesn’t classify domestic violence as a separate standalone crime, but rather as an enhancing factor added to underlying criminal charges when the alleged offense occurs between people in qualifying relationships.
Understanding these potential consequences is important for anyone facing such charges or seeking the legal information on the penalties for domestic violence in Arizona. For professional guidance, consider consulting a domestic violence attorney.
What Are the Penalties for Domestic Violence in Arizona?
Penalties for domestic violence in Arizona range from misdemeanors punishable by up to 6 months in jail and $2,500 in fines, to felonies carrying 4 months to 21 years in prison and fines up to $150,000. All convictions require completion of domestic violence offender treatment programs lasting between 26-52 sessions, and repeat offenders face enhanced penalties including mandatory minimum sentences. This comprehensive breakdown directly addresses what is the punishment for domestic violence in Arizona.
How Arizona Defines Domestic Violence
In Arizona, domestic violence is not classified as a separate crime but instead functions as an added classification to other criminal offenses when they occur between people in specific relationships. Under Arizona Revised Statute (ARS) §13-3601, domestic violence applies to numerous criminal acts when committed against a family or household member.
The qualifying relationships that trigger domestic violence classification include current or former spouses, people who reside or have resided in the same household, individuals who have a child together, one party being pregnant by the other party, relatives by blood or marriage, and those in current or former romantic or sexual relationships.
Common offenses that can be classified as domestic violence include assault and battery, criminal trespass, disorderly conduct, endangerment, harassment, kidnapping, stalking, sexual assault, threats and intimidation, and unlawful imprisonment among others.
Classification of Domestic Violence Offenses
Domestic violence charges in Arizona are classified based on the underlying criminal offense and can range from minor misdemeanors to serious felonies. Key factors include:
- Prior convictions
- Aggravating factors such as injuries or use of weapons
One of the most important factors that can raise domestic violence charges is prior convictions. Under Arizona law, a third domestic violence conviction within a seven-year period automatically becomes “aggravated domestic violence,” a Class 5 felony regardless of the severity of the individual incidents.
Other aggravating factors that can enhance domestic violence charges include whether the victim was a child, whether the victim was pregnant, the extent of injuries sustained, and use of weapons during the incident.
Misdemeanor Domestic Violence Penalties
The majority of first-time domestic violence offenses in Arizona are charged as misdemeanors, assuming there are no serious injuries or aggravating factors. These penalties vary based on the classification of the misdemeanor:
- Class 1 Misdemeanor Penalties:
- Up to 6 months in jail
- Fines up to $2,500 plus surcharges
- Probation for up to 3 years
- Mandatory domestic violence offender treatment program
- Class 2 Misdemeanor Penalties:
- Up to 4 months in jail
- Fines up to $750 plus surcharges
- Probation for up to 2 years
- Mandatory domestic violence offender treatment program
- Class 3 Misdemeanor Penalties:
- Up to 30 days in jail
- Fines up to $500 plus surcharges
- Probation for up to 1 year
- Mandatory domestic violence offender treatment program
Even for misdemeanor convictions, judges in Arizona domestic violence cases generally have little discretion regarding sentencing aspects like the domestic violence offender treatment program, which is required by law. This program typically consists of 26 to 52 weekly counseling sessions that the defendant must complete and pay for out of pocket. The court typically monitors attendance and compliance carefully, with missed sessions potentially resulting in probation violations or additional penalties.
Felony Domestic Violence Penalties
Domestic violence becomes a felony offense in Arizona under several circumstances, with correspondingly severe penalties. The most common pathway to a felony domestic violence charge is through “aggravated domestic violence,” which occurs when a person commits a third or subsequent domestic violence offense within a seven-year period.
Other scenarios that can lead to felony domestic violence charges include domestic violence committed while the defendant’s license is suspended or revoked, with a child under 15 present, while violating an order of protection, involving strangulation, or while driving on the wrong side of a highway.
The potential penalties for felony domestic violence vary by classification:
- Class 6 Felony:
- 4 months to 2 years in prison (more with prior convictions)
- Fines up to $150,000
- Class 5 Felony (includes aggravated domestic violence):
- 6 months to 2.5 years in prison (more with prior convictions)
- Fines up to $150,000
- Class 4 Felony:
- 1 to 3.75 years in prison (more with prior convictions)
- Fines up to $150,000
More serious domestic violence offenses like aggravated assault causing serious physical injury or involving the use of deadly weapons can result in Class 2 or Class 3 felony charges, which carry prison sentences of 5 to 21 years depending on criminal history and specific circumstances. These higher-level felonies often involve permanent injuries, use of weapons, or particularly egregious circumstances that raise the case beyond typical domestic violence situations.
Mandatory Minimum Sentences and Requirements
Arizona has adopted several mandatory provisions in domestic violence cases that limit judicial discretion and ensure certain minimum consequences. These include:
- Mandatory Arrest Policies:
- In many Arizona jurisdictions, law enforcement follows mandatory arrest policies when responding to domestic violence calls if they find probable cause that domestic violence has occurred.
- Mandatory Minimum Jail Sentences:
- For a first domestic violence conviction, jail time may be imposed depending on the specific offense and circumstances, but there is no universal mandatory minimum sentence.
- Second domestic violence conviction within 7 years: Minimum 30 days in jail (cannot be suspended)
- Third or subsequent conviction (aggravated domestic violence): Minimum 4 months in prison
- Required Domestic Violence Offender Treatment:
- All domestic violence convictions in Arizona require completion of a court-approved domestic violence offender treatment program
- Typically consists of 26 to 52 weekly sessions focusing on anger management, behavior modification therapy, and violence prevention education
- The defendant must pay for these programs, with costs varying depending on the provider and location.
If the court believes substance abuse contributed to the incident, it may also order alcohol or drug screening and treatment programs. These mandatory requirements are designed to address the underlying issues that may contribute to domestic violence and attempt to reduce recidivism rates through rehabilitation alongside punishment.
Protective Orders and No-Contact Requirements
Protective orders play a key role in Arizona domestic violence cases and carry their own set of penalties if violated. There are several types of orders that may be issued:
Emergency Orders of Protection:
- Available 24/7 through law enforcement when courts are closed
- Temporary protection until a hearing can be held
- Violation is a Class 1 misdemeanor
Orders of Protection:
- Valid for one year from service
- Can prohibit contact, require the defendant to leave a shared residence, establish temporary custody arrangements, and prohibit firearm possession
- Violation is a Class 1 misdemeanor and may also constitute “interfering with judicial proceedings”
The consequences of violating protective orders can include up to 6 months in jail, fines up to $2,500, extension of the protective order, revocation of probation or pretrial release, and new criminal charges. These orders can notably impact living arrangements and child custody and visitation rights, often requiring supervised visitation or exchange through neutral third parties.
Firearm Restrictions
Both federal and Arizona state laws impose firearm restrictions on individuals convicted of domestic violence or subject to protective orders:
Federal Law (The Lautenberg Amendment):
- Prohibits possession of firearms by anyone convicted of a misdemeanor crime of domestic violence
- Prohibition is permanent (lifetime ban)
- Violation is a federal felony punishable by up to 10 years imprisonment
Arizona Law:
- Prohibits firearm possession by those subject to active orders of protection
- Requires surrender of firearms to law enforcement or a federally licensed firearms dealer within 24 hours of service of an order of protection
Violation of these restrictions can result in state charges for violating an order of protection (Class 1 misdemeanor) or federal charges for prohibited possession (felony).
Additional Legal Consequences
Beyond direct criminal penalties, domestic violence convictions in Arizona trigger numerous other legal consequences:
Probation Conditions: These may include regular meetings with probation officers, random drug and alcohol testing, home visits, travel restrictions, and electronic monitoring.
Parental Rights Impact: Domestic violence convictions create a presumption against joint legal decision-making, require consideration in custody determinations, and may lead to supervised visitation requirements.
Immigration Consequences: For non-citizens, domestic violence convictions may result in deportation, bar naturalization, prevent re-entry to the United States, and affect immigration status.
Professional License Issues: Many professional licensing boards in Arizona require reporting of criminal convictions, which may result in license suspension, revocation, or disciplinary action.
Long-term Consequences Beyond Legal Penalties
The impacts of a domestic violence conviction extend far beyond the courtroom:
Criminal Record Implications: Domestic violence convictions remain on criminal records permanently in Arizona unless set aside. Even when set aside, the record still exists but shows the conviction was dismissed.
Housing Restrictions: Many landlords conduct criminal background checks, and domestic violence convictions may lead to denial of housing applications or eviction from current housing.
Employment Difficulties: According to industry surveys, 97% of employers conduct criminal background checks, and domestic violence convictions often raise red flags that can disqualify candidates from consideration.
Social and Reputational Damage: There is substantial stigma associated with domestic violence convictions, which can lead to ostracism from social circles and damage to personal relationships.
Factors That Can Affect Sentencing
Several factors can notably influence the severity of sentences in Arizona domestic violence cases:
Prior Criminal History: The number and nature of previous domestic violence convictions, especially within 7 years, as well as compliance with previous court orders and probation.
Severity of Injuries: The extent and permanence of physical injuries, need for medical treatment, psychological trauma, and financial impact of injuries.
Presence of Children: Whether children witnessed the violence, were physically present, or were directly endangered.
Mitigating and Aggravating Factors: Mitigating factors include acceptance of responsibility and voluntary enrollment in treatment programs. Aggravating factors include violation of existing court orders, particularly cruel conduct, and attempts to prevent reporting.
For anyone facing domestic violence charges in Arizona, this detailed explanation of what is the punishment for domestic violence in Arizona underscores both the direct penalties and the far-reaching consequences that can result from conviction. This information is crucial for understanding the severity of charges, potential fines, jail time, restraining orders, and long-term consequences.
Are You Dealing with Criminal Charges in Arizona? We Can Help
If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.
Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.
Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.
