The state of Arizona takes domestic violence seriously and imposes harsh penalties on those convicted of violent and criminal activity within a domestic dispute. However, if a person has been previously convicted of a domestic violence charge, subsequent charges can be even more severe.
Aggravated Domestic Violence
Aggravated Domestic Violence is when a person has already been convicted at some point of a Domestic Violence Statute in Arizona. The charge of Aggravated Domestic Violence occurs after previous convictions and is a way that the state of Arizona can more severely punish those repeat offenders.
The law Arizona under Statute 13-3601.02 states that if a person is convicted of a third or subsequent violation of the Domestic Violence Statute within the past seven years, he or she can be charged with Aggravated Domestic Violence.
The penalties associated with Aggravated Domestic Violence are severe and include the following:
- Conviction with Two Prior Domestic Violence Convictions: Range of four months to two and a half years incarceration
- Conviction with Three Prior Domestic Violence Convictions: Range of eight months to two and a half years incarceration
- Conviction with One Historical Felony Conviction: One to three and three quarters years in prison
- Conviction with Two Historical Felony Convictions: Three to seven and a half years in prison
Oftentimes, in these cases, the prosecutors will want to ensure that the penalty involves some sort of incarceration.
Possible Defenses to Aggravated Domestic Violence
If you have been arrested and charged with Aggravated Domestic Violence, there are some possible defenses that exist.
- Miranda Rights Violation. If the police officers did not read you your Miranda Rights, then it is possible that this violation by law enforcement can remove the charge, or mitigate the charge.
- Self-Defense. If you were acting out in self-defense, then you were not the actual aggressor in the case. If you were protecting yourself from an attack and caused an injury that was necessary to ensure self-preservation or protection, you would be able to use self-defense against the charge.
- Lack of Eyewitness Testimony or Evidence. Many times, these cases can be a he said/she said scenario. An investigation will need to be done regarding 911 calls, surveillance footage, medical records, and possible expert witnesses to help reconstruct the incident and whether there is truly enough evidence for an Aggravated Domestic Violence conviction.
- Denial of Right to Counsel. Again, if the police officers did not provide you the opportunity to visit with counsel at any time before the interrogation began, this can be a violation of your rights.
These criminal charges are incredibly complex, and seeking the assistance of an experienced criminal defense attorney can help you understand your rights and build possible defenses to your Aggravated Domestic Violence charge.
Contact an Experienced Criminal Defense Lawyer Today
Being arrested and charged with an Aggravated Domestic Violence charge can be overwhelming and terrifying. Arja Shah, is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.