Under Arizona Revised Statutes (ARS), a domestic violence charge can be brought against someone if they are accused of committing a criminal offense against a current or former intimate partner, family member, or household member.
This can include acts such as assault, harassment, or stalking.
This article will cover the following subtopics:
- What is the Statute of Limitations on Domestic Violence in Arizona?
- When is Domestic Violence a Misdemeanor Vs a Felony?
- What Are the Penalties for Domestic Violence Convictions in Arizona?
- What Is the Role of a Prosecutor in Domestic Violence Cases?
- What Evidence is Used in Domestic Violence Cases?
- What Are the Steps After an Arrest for Domestic Violence in Arizona?
- How Long Do Most Domestic Violence Cases Last?
- Which Defenses are Frequently Used in Domestic Violence Cases?
- Can Domestic Violence Charges be Dropped in Arizona?
- Can I Own or Possess Guns with a Domestic Violence Conviction?
- How Can I Get a Free Consultation with a Domestic Violence Attorney in Phoenix?
① What is the Statute of Limitations on Domestic Violence in Arizona?
The statute of limitations for domestic violence in Arizona depends on whether the offense is classified as a misdemeanor or a felony.
Misdemeanor domestic violence charges generally have a statute of limitations of one year from the date of the incident, as per A.R.S. § 13-107.
Felony domestic violence charges typically have a statute of limitations of seven years from the date of the incident.
② When is Domestic Violence a Misdemeanor Vs a Felony?
In Arizona, the classification of domestic violence as a misdemeanor or felony depends on the severity of the offense and the circumstances surrounding it.
Misdemeanor domestic violence charges typically involve less severe acts such as minor physical harm, threats, or verbal abuse and are generally handled in municipal or justice courts.
Felony domestic violence charges are reserved for more severe offenses, including serious physical injury, use of a weapon, or repeated incidents of abuse. Additionally, domestic violence may be charged as a felony if the accused has prior domestic violence convictions. The specific classification and penalties are outlined in A.R.S. § 13-3601, which details the criteria for misdemeanor and felony charges in domestic violence cases.
③ What Are the Penalties for Domestic Violence Convictions in Arizona?
The penalties for domestic violence convictions in Arizona vary depending on whether the offense is classified as a misdemeanor or a felony.
- Misdemeanor Domestic Violence: Convictions can result in up to six months in jail, fines up to $2,500, probation, mandatory counseling, and community service.
- Felony Domestic Violence: Convictions carry more severe penalties, including 1.5 to 15 years in prison, significant fines, probation, and mandatory counseling. The exact sentence depends on the specific felony charge and the defendant’s criminal history.
Repeat offenders and cases involving aggravating factors, such as the use of a weapon or serious injury, may face enhanced penalties.
④ What Is the Role of a Prosecutor in Domestic Violence Cases?
In domestic violence cases in Arizona, the prosecutor is responsible for reviewing the evidence, deciding whether to file charges, and representing the state in court. The prosecutor’s goal is to prove the defendant’s guilt beyond a reasonable doubt and seek appropriate penalties.
⑤ What Evidence is Used in Domestic Violence Cases?
In domestic violence cases, prosecutors rely on various types of evidence, including:
- Physical evidence: Photographs of injuries, medical records, and damaged property.
- Witness statements: Testimonies from the victim, witnesses, and sometimes children present during the incident.
- 911 call recordings: Immediate and unaltered accounts of the incident.
- Police reports: Detailed accounts from responding officers.
- Electronic evidence: Text messages, emails, and social media posts showing a pattern of behavior or specific incidents.
⑥ What Are the Steps After an Arrest for Domestic Violence in Arizona?
After an arrest for domestic violence, the accused will go through arraignment, potential bail hearings, pre-trial motions, and possibly a trial.
⑦ How Long Do Most Domestic Violence Cases Last?
The duration of domestic violence cases in Arizona can vary significantly based on factors such as the complexity of the case, court schedules, and whether a plea bargain is reached.
Simple cases may resolve in a few months, while more complex cases with multiple incidents or unclear evidence can take over a year.
Pre-trial motions and other legal procedures can also extend the timeline. On average, domestic violence cases typically last between several months to over a year, depending on these variables.
⑧ Which Defenses are Frequently Used in Domestic Violence Cases?
Common defenses in domestic violence cases include:
- Self-defense: Arguing that the accused acted to protect themselves from harm.
- False accusations: Claiming the allegations are untrue and motivated by other factors, such as custody disputes.
- Lack of evidence: Highlighting that the prosecution does not have enough proof to meet the burden of guilt beyond a reasonable doubt.
- Accidental injury: Suggesting that any harm was unintentional.
Each defense strategy should be tailored to the specific facts and circumstances of the case.
⑨ Can Domestic Violence Charges be Dropped in Arizona?
Yes, domestic violence charges can be dropped in Arizona, but this decision lies primarily with the prosecutor, not the victim. Factors influencing this decision include the strength of the evidence, the victim’s willingness to testify, and the overall circumstances of the case.
Even if a victim recants their statement, the prosecutor can still pursue charges if there is sufficient evidence.
⑩ Can I Own or Possess Guns with a Domestic Violence Conviction?
In Arizona, and under federal law, individuals convicted of a misdemeanor domestic violence offense are prohibited from owning or possessing firearms.
Federal law (18 U.S.C. § 922(g)(9)) and state laws (A.R.S. § 13-3101 and A.R.S. § 13-3102) enforce these restrictions, with severe penalties for violations.
However, there are potential avenues for restoring firearm rights. One option is to petition the court to set aside the conviction under A.R.S. § 13-905.
This process releases some penalties associated with the conviction, though it may not override federal restrictions. Another option is the restoration of civil rights, including firearm rights, which involves filing a petition with the court after completing all terms of the sentence. This process is detailed in A.R.S. § 13-905 and considers factors such as the nature of the offense and evidence of rehabilitation.
In rare cases, individuals may seek a pardon from the Arizona Board of Executive Clemency, which can restore civil rights, including firearm rights.
⑪ How Can I Get a Free Consultation with a Domestic Violence Attorney in Phoenix?
She can provide an initial consultation to discuss your case, evaluate the evidence, and offer legal advice on the best course of action.
Contact Arja Shah Law today at (602) 560-7408. We are committed to helping you achieve the best possible outcome in your case.
