What is the Statute of Limitations on Domestic Violence Charges?
Domestic violence is a serious issue affecting millions across the United States annually.
According to the National Coalition Against Domestic Violence, nearly 20 people are physically abused by an intimate partner every minute in the United States.
In Arizona alone, domestic violence accounts for 15% of all reported crimes, with more than 54,000 domestic violence incidents reported to law enforcement agencies each year.
However, one crucial factor that can impact domestic violence cases is the statute of limitations.
As an expert criminal defense lawyer from the Shah Law Firm, I understand the importance of understanding the statute of limitations in domestic violence cases. In this article, I will discuss the different Arizona Revised Statutes related to the statute of limitations on domestic violence.
Specifically, this article will cover the following:
- Domestic Violence Laws in Arizona
- The Statute of Limitations for Misdemeanor Charges
- The Statute of Limitations for Felony Domestic Violence Charges
- When the Statute of Limitations May Be Extended
- What Happens if the Statute of Limitations Has Expired in a Domestic Violence Case
- How a Criminal Defense Lawyer from the Shah Law Firm Can Help
Domestic Violence Laws in Arizona
Under Arizona Revised Statutes (ARS) section 13-3601, domestic violence is defined as any act of physical harm, the threat of harm, or intimidation against a family or household member.
Family or household members can include current or former spouses, persons residing or residing in the same household, persons with a child in common, and those in a romantic or sexual relationship.
These behaviors may include:
- Physical abuse includes hitting, kicking, slapping, choking, or using weapons.
- Sexual abuse, such as forcing sexual acts, withholding sex, or coercing sexual acts.
- Emotional abuse includes verbal threats, name-calling, belittling, controlling, or manipulating behavior.
- Financial abuse includes controlling finances, withholding money, or preventing the victim from working.
- Stalking or harassment, such as following, monitoring, or threatening the victim.
- Destroying or damaging property, such as breaking personal belongings or household items.
- Intimidation or isolation, such as preventing the victim from seeing family or friends or limiting their access to resources.
It is important to note that domestic violence can take many forms and occur in any type of relationship, including married or unmarried couples, same-sex relationships, and among family members.
The statute of limitations for Arizona domestic violence cases depends on the offense’s severity and whether it is classified as a misdemeanor or a felony.
Statute of Limitations for Misdemeanor Domestic Violence Charges in Arizona
According to ARS section 13-107, the statute of limitations for misdemeanor domestic violence charges in Arizona is one year.
This means prosecutors must file charges within one year of the alleged incident.
However, there are some exceptions to this rule.
For example, if the defendant leaves the state to avoid prosecution, the statute of limitations may be extended when the defendant is absent from the state. Additionally, if the victim was a minor during the offense, the statute of limitations may be extended until the victim turns 18.
Statute of Limitations for Felony Domestic Violence Charges in Arizona
According to Arizona law, the statute of limitations for all felony domestic violence charges is seven years.
For example, class 3 felonies, such as domestic violence with a deadly weapon, and class 5 felonies, such as aggravated domestic violence.
It is important to note that the statute of limitations may be extended in certain circumstances, such as when the defendant leaves the state to avoid prosecution or when the victim is a minor.
Can the Statute of Limitations be Extended in Domestic Violence Cases?
Under certain circumstances, the statute of limitations for domestic violence cases in Arizona can be extended.
As mentioned earlier, if the defendant leaves the state to avoid prosecution, the statute of limitations may be extended when the defendant is absent from the state.
Additionally, if the victim was a minor during the offense, the statute of limitations may be extended until the victim turns 18.
In some cases, the statute of limitations may also be tolled, meaning that the clock stops running for a period of time, such as when the defendant is out of the state or in hiding.
Exploring the Different Ways the Statute of Limitations Can Be Extended in a Domestic Violence Case: A Hypothetical Scenario
Imagine that Sarah and Jack were in an intimate relationship for several years, during which Jack physically abused Sarah on multiple occasions. One day, Jack hit Sarah in the face, causing her to seek medical attention for her injuries. However, Sarah was afraid to report the abuse, and Jack left the state shortly after the incident.
Three years later, Sarah decides to report the domestic violence to the police, but she is concerned that the statute of limitations may have expired.
After consulting with a criminal defense lawyer from the Shah Law Firm, she learned that the statute of limitations for Class 2 felony domestic violence charges, such as aggravated domestic violence, is seven years in Arizona.
Since Jack’s offense is considered a Class 5 felony, Sarah still has four years to file charges against him.
However, the lawyer also informs Sarah that the statute of limitations may be extended in certain circumstances.
In Jack’s case, the lawyer explains that if Jack left the state to avoid prosecution, the statute of limitations might be extended when he was absent from the state. Since Jack left shortly after the incident, Sarah provides evidence to the police that Jack left the state. The prosecutor determines that the statute of limitations has been extended by three years to account for the time Jack was out of the state.
As a result, Sarah still has seven years from when Jack returns to Arizona to file charges against him.
Additionally, since Sarah was a minor during the offense, the lawyer explains that the statute of limitations may be extended until she turns 18. In this scenario, Sarah was 17 years old at the time of the offense and is now 20.
As a result, the lawyer informs Sarah that the statute of limitations will be extended until she turns 21.
This hypothetical scenario illustrates how the statute of limitations for domestic violence cases in Arizona can be extended under certain circumstances, such as when the defendant leaves the state to avoid prosecution or when the victim is a minor.
The Consequences of Expired Statute of Limitations for Domestic Violence Charges
When the statute of limitations has expired for domestic violence charges, the prosecution can no longer file charges against the defendant for that particular offense.
However, this does not mean the allegations disappear, or the defendant is entirely free of consequences.
Firstly, even if the defendant is not charged or convicted, the allegations of domestic violence may still have significant consequences for their personal and professional life.
For example, the defendant may be subject to a restraining or protective order restricting their access to their children, home, or other places. The allegations may also affect the defendant’s employment prospects, as domestic violence accusations can damage a person’s character and credibility.
Secondly, if the defendant is involved in a child custody dispute, the allegations of domestic violence may still be considered by the court, even if the statute of limitations has expired.
The court must consider the child’s best interests when making custody decisions, and allegations of domestic violence may be relevant to this determination. Even if the allegations are not proven, the fact that they were made may still affect the court’s decision-making process.
Thirdly, it is essential to note that even if the statute of limitations has expired for one offense, it may not have expired for other related offenses.
For example, if the defendant is accused of domestic violence and child abuse or neglect, the statute of limitations for those offenses may differ and not have expired. In such cases, the defendant may still face legal consequences for related offenses, even if the statute of limitations has expired for the original offense.
Overall, while the expiration of the statute of limitations may mean that the defendant is not charged or convicted for the alleged domestic violence offense, it does not mean that the allegations simply disappear or that the defendant is entirely free of consequences.
It is crucial to seek legal advice to understand the statute of limitations and to build a strong defense strategy to protect your rights and reputation.
How a Criminal Defense Lawyer from the Shah Law Firm Can Help
If you have been accused of domestic violence crimes and the statute of limitations is an issue in your case, it is vital to seek the help of a criminal defense lawyer from the Shah Law Firm as soon as possible.
Our experienced defense attorneys understand the complexities of Arizona law related to the statute of limitations. Considering your case’s circumstances, they can help you build a strong defense strategy.
One possible strategy is to argue that the statute of limitations has expired and that the case should be dismissed.
However, as mentioned earlier, there are exceptions to the statute of limitations in domestic violence cases, and it may be possible for prosecutors to argue that the limitations period has been extended or tolled.
In such cases, a criminal defense lawyer from the Shah Law Firm can help you challenge the prosecutor’s arguments and present evidence that supports your defense.
Another potential defense strategy is to argue that the charges against you are unfounded or that the evident against you is weak.
Domestic violence cases often rely heavily on witness testimony and can be difficult to prove beyond a reasonable doubt.
Examples of Defenses that a Criminal Defense Lawyer Can Use to Help the Alleged Abuser:
- Statute of limitations defense: Imagine that John is accused of domestic violence, but the alleged incident occurred more than seven years ago. John’s criminal defense lawyer could argue that the statute of limitations has expired and that the case should be dismissed. The lawyer could present evidence to show that the alleged incident occurred more than seven years ago and that the prosecution missed the deadline to file charges.
- Self-defense or defense of others: Imagine that Mary is accused of domestic violence after allegedly hitting her partner during a heated argument. Mary’s criminal defense lawyer could argue that she acted in self-defense or defense of others. The lawyer could present evidence to show that Mary’s partner was the aggressor and that Mary was simply defending herself or someone else from harm.
- False accusations: Imagine that Tom is accused of domestic violence, but he believes that the allegations are false. Tom’s criminal defense lawyer could argue that the accuser has a motive to lie, such as revenge or financial gain. The lawyer could present evidence to show that the accuser’s story is inconsistent or contradicts other evidence.
- Lack of evidence: Imagine that Sarah is accused of domestic violence, but the prosecution’s evidence is weak or circumstantial. Sarah’s criminal defense lawyer could argue that there is insufficient evidence to prove that Sarah committed the offense beyond a reasonable doubt. The lawyer could present evidence to show that the prosecution’s case is based on speculation or assumptions rather than hard evidence.
- Police misconduct: Imagine that Alex is accused of domestic violence, but he believes that the police violated his rights during the arrest or investigation. Alex’s criminal defense lawyer could argue that the police conducted an illegal search, coerced a confession, or violated other constitutional rights. The lawyer could present evidence that the police acted unlawfully and that any evidence obtained through illegal means should be excluded from the trial.
Overall, these hypothetical scenarios illustrate the different defense strategies a criminal defense lawyer from the Shah Law Firm can use to help defendants in domestic violence cases.
You are Not Alone. The Shah Law Firm is Here to Help
If you have been accused of domestic violence, it is crucial to seek the help of an experienced criminal defense lawyer from the Shah Law Firm, who can help you navigate the complexities of Arizona law related to the statute of limitations.
By working with our lawyers, you can build a strong defense strategy that considers the specific circumstances of your case and protects your rights throughout the legal process.
Don’t let a domestic violence charge define your future—contact the Shah Law Firm today to start building your defense (602) 560-7408.
