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Domestic Violence

A.R.S. § 13-3601

In Arizona, domestic violence offenses encompass a range of criminal acts committed between individuals who have a specific relationship, such as spouses, former spouses, individuals who live or have lived together, individuals who share a child in common, or individuals who are or were in a romantic or sexual relationship.


Domestic violence offenses can include various criminal acts when committed against a person who meets the relationship criteria outlined above. Some common offenses include:


  1. Assault: Intentionally, knowingly, or recklessly causing physical injury to someone else, threatening someone with imminent physical injury, or causing someone to      reasonably fear imminent physical injury. 
  2. Criminal Damage: Intentionally or recklessly damaging or tampering with another person's property.
  3. Threatening or Intimidating: Threatening or intimidating another person with physical harm.
  4. Harassment: Engaging in conduct that is harassing, such as repeatedly following, surveilling, or communicating with another person, that would cause a reasonable person to be alarmed or disturbed.
  5. Interference with Judicial Proceedings: Intentionally preventing or disrupting a court proceeding involving domestic relations.
  6. Violation of an Order of Protection: Disobeying or violating the terms of a protective order issued to protect a victim of domestic violence.


The penalties for domestic violence offenses in Arizona depend on the specific offense committed and the severity of the circumstances. Here are the potential punishments for some common domestic violence offenses:


  1. Assault (Domestic Violence): Assault classified as domestic violence is generally charged as a Class 1 misdemeanor, which can include up to 6 months in jail and fines up to $2,500.
  2. Aggravated Assault (Domestic Violence): Aggravated assault committed as domestic violence can be charged as a felony offense, depending on the circumstances and the severity of injuries to the victim. The possible penalties for aggravated assault vary based on the specific factors involved, but could result in significant prison time and fines.
  3. Criminal Damage (Domestic Violence): Criminal damage committed as domestic violence is typically charged based on the value of the property damaged. The penalties range from a Class 1 misdemeanor for damage less than $1,000 to a Class 4 felony for damage exceeding $10,000.
  4. Violation of an Order of Protection: Violating an order of protection is a Class 1 misdemeanor in Arizona. Penalties may include jail time, fines, and additional legal consequences.

 

Additionally, Arizona law includes provisions for mandatory counseling or treatment programs for individuals convicted of domestic violence offenses. Repeat offenses or aggravating factors can lead to enhanced penalties, including longer sentences and stricter probation conditions.


If you are facing domestic violence charges in Arizona, it's crucial to seek legal advice from South & Wright. An attorney can provide guidance on your rights, defenses available to you, and help navigate the legal process to achieve the best possible outcome in your case.

  

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