Originally Posted On: https://thevalleylawgroup.com/blog/dv-charges-az/

What Is a DV Charge?

As criminal and family attorneys, we are often asked what  “DV” stands for in criminal justice settings. The abbreviation DV in the context of criminal law stands for domestic violence. If you are concerned about the legal implications of being accused of DV, or if you are interested in learning more about domestic violence charges in Arizona, it is important to know that DV and domestic violence are used interchangeably in this context.

In Arizona, domestic violence is a descriptor for a crime that can take many forms, all outlined in Arizona statutes. In addition, specific criminal actions may carry added penalties if they occur in the context of a domestic relationship. If you are facing a domestic violence accusation or charge, it is important that you are aware of how Arizona laws define domestic violence and the consequences a DV conviction may have on your life.

What Is a DV Charge?

Domestic violence charges can be interpreted differently from one state to another. If you reside in Arizona, knowing the specifics of domestic violence law in the state is essential to successfully challenging a DV charge.

ARS § 13-3601 provides the statutory basis for domestic violence charges in Arizona. The law explains that domestic violence is any dangerous crime committed in the context of specific family, intimate, or cohabitation relationships.

Per the statute, any person who is found to have committed an act of DV and is over the age of 15 can be arrested for domestic violence by a peace officer without a warrant, regardless of the accused’s gender. An order of protection may also be issued against a person arrested for DV to protect the victim from future harm.

The statute also explains that a peace officer may seize a firearm in the home if they are made aware of its presence and if they believe it could be used to cause serious bodily harm to anyone present. When a minor child is present in a domestic violence incident, law enforcement may conduct a welfare check to ensure the child is not a victim of DV.

What Constitutes Domestic Violence in Arizona?

Arizona domestic violence laws are clear regarding the relationships within which domestic violence can take place. Different types of criminal acts can occur in a domestic violence context.

When Does Domestic Violence Occur?

Though we typically associate the term domestic violence with any violent act committed by one person against their spouse or romantic partner within the home, Arizona domestic violence laws have a broader definition that encompasses other types of relationships.

Domestic violence can happen in any location, and DV can occur between:

The statute also explains that domestic violence charges may be levied when two individuals have had a romantic or sexual relationship in the past, depending on the length of their relationship and how much time has passed since the relationship ended, among other factors.

Examples of Domestic Violence Actions

Whether a domestic violence charge can be levied against an accused person in Arizona depends on the type of offense that takes place. A number of violent crimes, including sexual crimes, can be categorized as domestic violence, with ARS § 13-3601 listing the particular statutes defining each offense.

These can include:

These are just some of the criminal actions that may be categorized as a domestic violence offense as long as they occur between individuals in the “domestic” relationships referenced above.

What Does It Mean to Be Accused of DV?

Arizona has instituted strong domestic violence laws in an effort to protect individuals from experiencing abuse by those close to them or with whom they share or have shared a home. As a result, accusations of DV can lead to serious consequences.

In certain situations, a domestic violence accusation may enable law enforcement to grant an order of protection against the accused. An order of protection can restrict access to your home and can place a barrier between you and your loved ones.

A domestic violence record can also negatively impact your success in a divorce settlement or child custody case. Moreover, when seeking employment, having a domestic violence record can also lead a potential employer to assess an applicant unfavorably.

If a domestic violence accusation leads to a charge, this can temporarily restrict your freedom. Access to your finances may be hindered and cause difficulty if you need to post bail or hire a qualified criminal defense attorney to represent you in court.

Arizona Domestic Violence Charges and Sentencing

Sentencing guidelines for domestic violence-related convictions are severe. If you are found guilty of any crime under the domestic violence statute, you can face significant jail time and fines. Domestic violence sentencing in Arizona is based on multiple factors, including the classification of the crime.

How Are DV Charges Classified?

Domestic violence crimes in Arizona can be charged as either misdemeanors or felonies. Common penalties can include jail time, probation, fines, and mandatory counseling.

There are also various classes of misdemeanors or felonies that relate to the severity of the offense. Felonies can fall under Class 1- 6, with Class 1 felonies being the most severe crimes and carrying the most severe penalties. Misdemeanors can be charged as Class 1, Class 2, or Class 3, with Class 1 misdemeanors being the most severe of the three.

Here are some examples of domestic violence crimes in Arizona and how they may be charged:

This list is not comprehensive. There are several aspects of a crime that could be interpreted as aggravating factors, including past convictions, which can lead to increased penalties.

What Are the Penalties for a DV Conviction?

Penalties for a DV conviction can include imprisonment, probation, and fines. An accused person may also be required to attend mandatory counseling.

The sentence for a Class 1 domestic violence misdemeanor conviction, including endangerment and threatening or intimidating, is up to 6 months in prison, 3 months of probation, and up to $2,500 in fines.

In cases of more serious crimes, including kidnapping and sexual assault, a Class 2 felony conviction carries a penalty of up to 12 and a half years in prison. A judge can set a fine of up to $150,000 for a felony in any Class, depending on the facts of the case. If a person commits a domestic violence felony against a pregnant person, their sentence can be increased by two additional years.

The consequences of DV charges in Arizona are grave. Domestic violence convictions are not eligible for expungement or to be set aside in Arizona. It is important that you connect with a seasoned criminal defense attorney with a proven track record of successfully defending clients against domestic violence if you are charged.

What Does a Domestic Violence Defense Attorney Do?

If you have been charged with DV, or even if someone has only accused you of DV, whether it is a partner or a family member, it is important that you contact a skilled domestic violence defense attorney as soon as possible. A seasoned domestic violence defense attorney who is well-versed in Arizona domestic violence laws and who has years of practice defending DV cases can provide you with critical legal support.

The Role of a Domestic Violence Defense Attorney

Criminal defense attorneys work diligently to provide their clients with sound legal counsel and to represent them in court if they are facing criminal charges. Within the context of a domestic violence case in Arizona, a defense attorney ensures that a client understands the charges they are facing and that they enter an adequate plea during their arraignment.

Throughout the process, a DV defense attorney speaks on the client’s behalf before the authorities, including the prosecutor and a judge. It is important that you remain silent if you have been read your Miranda rights by law enforcement to avoid incriminating yourself. Contact an attorney as soon as possible so you can avoid potentially damaging your case.

Depending on the facts of the incident, a defense attorney may recommend negotiating a plea with the state. They can negotiate with the prosecutors to reduce charges and help secure a more favorable sentence for the client, such as by lowering a felony to a misdemeanor.

In certain cases, a domestic violence defense attorney may request that the judge dismiss the DV charges if there is insufficient evidence. If the case proceeds to trial, a skilled domestic violence defense attorney can build a strong defense by adeptly cross-examining witnesses and by presenting testimony that can help secure an acquittal.

If all charges are dropped, or if you obtain an acquittal in your domestic violence case, your domestic violence defense attorney can work with you to obtain an expungement of the other items on your record so you can start rebuilding your life.

Potential Domestic Violence Defense

After reviewing the facts of your case, including listening to your side of the story and studying police reports and other records, a domestic violence defense lawyer can determine the best path forward in your case.

DV charges do not inevitably end in convictions, and there are several plausible defenses available to a criminal defense attorney:

Domestic violence charges can be extremely difficult to challenge despite the many legal options available. Fortunately, speaking with a compassionate domestic violence defense attorney can help shed light on the most optimal resolution to your case.

Resources for More Information on DV in Arizona

DV in Arizona can be complex. Staying informed about the laws in your state can serve you well down the road if you ever find yourself accused of domestic violence.

To get an in-depth understanding of DV laws in the state, review the Arizona domestic violence laws. You can also discover what a domestic violence defense attorney can do for you or your loved ones if you are facing a domestic violence charge in Arizona.

Contact a Trusted Arizona Domestic Violence Defense Attorney

Now that you are aware of the consequences of DV charges in Arizona, you can make informed decisions regarding any domestic violence accusations. You are entitled to adequate legal representation regardless of the charges you may face. The experienced legal team at The Valley Law Group is ready to assist you with your domestic violence case.

Our skilled criminal defense attorneys have decades of proven experience successfully defending DV cases in Arizona. Our dedicated team can also assist you with any child custody issues you may face as a result of your DV charges in Arizona. We work to protect your rights and your future; schedule a consultation with one of our attorneys today to discuss your case and learn more about how we can help.

 

---

References: 

1. Arizona Legislature. (n.d.). A.R.S. § 13-3601 – Domestic violence; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/03601.htm
2. Arizona Legislature. (n.d.). A.R.S. § 13-1201 – Endangerment; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01201.htm
3. Arizona Legislature. (n.d.). A.R.S. § 13-1202 – Threatening or intimidating; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01202.htm
4. Arizona Legislature. (n.d.). A.R.S. § 13-1203 – Assault; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01203.htm
5. Arizona Legislature. (n.d.). A.R.S. § 13-1204 – Aggravated assault; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01204.htm
6. Arizona Legislature. (n.d.). A.R.S. § 13-1302 – Custodial interference; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01302.htm
7. Arizona Legislature. (n.d.). A.R.S. § 13-1303 – Unlawful imprisonment; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01303.htm
8. Arizona Legislature. (n.d.). A.R.S. § 13-2921 – Harassment; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02921.htm
9. Arizona Legislature. (n.d.). A.R.S. § 13-2921.01 – Aggravated harassment; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02921-01.htm
10. Arizona Legislature. (n.d.). A.R.S. § 13-2923 – Stalking; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/02923.htm
11. Arizona Legislature. (n.d.). A.R.S. § 13-1304 – Kidnapping; classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/01304.htm
12. Maricopa County Superior Court. (n.d.). Protective orders. https://superiorcourt.maricopa.gov/llrc/protective-orders/
13. Arizona Legislature. (n.d.). A.R.S. § 13-905 – Restoration of civil rights; process. Arizona Revised Statutes. https://www.azleg.gov/ars/13/00905.htm
14. Arizona Legislature. (n.d.). A.R.S. § 13-3967 – Release conditions; bail classification. Arizona Revised Statutes. https://www.azleg.gov/ars/13/03967.htm
15. Arizona Court Records. (n.d.). Types of criminal court records in Arizona. https://arizonacourtrecords.us/criminal-court-records/types/
16. Maricopa County. (n.d.). Consequences for a felony in Arizona. https://www.maricopa.gov/930/Consequences-for-a-Felony
17. Arizona Legislature. (n.d.). A.R.S. § 13-404 – Justification; self-defense. Arizona Revised Statutes. https://www.azleg.gov/ars/13/00404.htm