What constitutes domestic violence in Arizona?

What constitutes domestic violence in Arizona?

Today’s guest blog is by Attorney Paul W. Hamilton

The legal definition and consequences of domestic violence in the state of Arizona are referenced under Arizona Revised Statutes 13-3601. In essence, it is the use of violence against a family member, significant other, sexual partner and in certain cases, an acquaintance.

What constitutes domestic violence in Arizona?

On the authority of ARS 13-3601, the charge of domestic violence can be applied in the following cases:

• The alleged victim and aggressor are married, were formerly married, share a household or formerly shared a household.
• The alleged victim is pregnant with the accuser’s child, the victim and accused are related by blood or marriage.
• The accused lives in the same household as a minor victim and the two are related by blood or through a former spouse. The accused and victim are or were in a romantic or sexual relationship.

The nature of the domestic violence can be physical, sexual and also economic. When dealing with domestic violence cases, the court has to take into account the nature of the relationship between the accuser and the victim, the period of time during which the relationship has or had been ongoing, as well as the frequency of interaction between the accuser and accused. In cases of a terminated relationship, the time period since the relationship has been ended is also taken into account.

Offenses that may result in a domestic violence charge

According to ARS 13-3601 if any of the offenses listed below are committed against an individual who is in a relationship that is defined as protected by Arizona’s domestic violence laws, the charge of domestic violence applies.

• Negligent homicide, manslaughter or murder
• Endangerment (acts that create substantial risk of bodily harm to another person)
• Threatening or intimidating a witness
• Assault or aggravated assault
• Custodial interference (interfering with a parent or legal guardian’s physical custody of a child)
• Unlawful imprisonment
• Kidnapping
• Sexual assault
• Criminal trespass
• Criminal damage
• Interference with judicial proceedings
• Disorderly conduct
• Cruelty to animals
• Preventing use of a telephone during an emergency or false representation of an emergency
• Intimidation, annoyance, and harassment over the telephone
• Stalking
• Emotional abuse of a child or vulnerable adult
• Dangerous crimes against children

How is Domestic Violence Charged?

How domestic violence is charged as a misdemeanor or felony depends on the exact nature of the violation. In cases of emotional abuse or endangerment, the accused can be charged with a Class 1 misdemeanor. A charge of disorderly conduct involving a deadly weapon is a Class 6 felony.

If an individual is charged and found guilty of one of these offenses, such as assault, he or she will face the potential sentence recommended by Arizona courts. If the convicted does not have any prior record, typically criminal penalties are the same regardless of the domestic relationship between the victim and perpetrator. However, domestic violence cases are often prosecuted much more aggressively than typical legal cases.

A second conviction of domestic violence can result in the convicted being put on supervised probation with jail time being one of the conditions for probation.

Being found guilty of a misdemeanor domestic violence charge for the third time in an eighty-four month period can result in a felony charge resulting in the individual being charged with jail time accordingly.

If the charge involves serious bodily harm to the victim or the use of a weapon, the accused may be charged very seriously.

Aggravated assault is a class 3 felony with a minimum jail time sentence being five years and the maximum jail time sentence being fifteen years.

Because of the nature of domestic violence charges and the stigma associated with them, it is crucial to take domestic violence accusations and charges very seriously. It is of the highest importance to find proper legal representation, preferably with an attorney who has extensive experience in domestic violence cases.

What constitutes domestic violence in Arizona?

Author Bio:

Law Office of Paul W. Hamilton strives to exceed your expectations in criminal law, family law, real estate, estate planning & probate representation. Call (229) 232-8056