What is a domestic violence charge in Arizona?
Domestic violence isn’t a crime; it’s an additional allegation on top of an underlying crime that mandates stiffer penalties. The allegation states that a crime victim shares a domestic relationship with the accused. Domestic relationships include romantic partners, spouses, family members, relatives, and roommates. With any family, romantic, or household relationship, there can be a domestic violence allegation.
The domestic violence allegation brings harsher potential penalties. These include mandatory domestic violence treatment, losing gun rights, custody and divorce implications, and a permanent record of violence.
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Only Certain Crimes Can be Charged with a Domestic Violence Allegation.
Arizona’s domestic violence statute lists all offenses that may be charged with a domestic violence allegation. The most common domestic violence charges are as follows: threatening or intimidating, ARS 13-1202; assault, ARS 13-1203; aggravated domestic violence, ARS 13-3601.02; aggravated assault, ARS 13-1204; custodial interference, ARS 13-1302; unlawful imprisonment, ARS 13-1303; kidnapping, ARS 13-1304; criminal trespass; criminal damage, ARS 13-1602; interfering with judicial proceedings, ARS 13-2810; disorderly conduct, ARS 13-2904; and preventing use of telephone in emergency, ARS 13-2915.
Tempe, Arizona’s Domestic Violence Penalties.
Any domestic violence conviction carries lasting effects. Any domestic violence conviction leaves a criminal record accessible to employers, agencies, and institutions. It impacts gun rights, child custody, employment, finances, and more. When charge with a domestic violence offense, it’s smart to discuss the matter with an experienced Tempe defense attorney who’s familiar with Arizona’s domestic violence laws and Tempe’s law enforcement agencies.
Potential domestic violence penalties vary upon the charges, court, prosecutor, criminal history, and factual circumstances. To get a basic understanding of what you face, first determine if your case is in a felony or misdemeanor court. City courts, municipal courts, and justice courts only handle misdemeanor matters. Conversely, if your case is in Superior Court, there’s at least one felony.