If you're convicted of domestic violence in Arizona, you could face jail time, fines, mandatory counseling, loss of firearm rights, immigration consequences, and long-term impacts on employment, child custody, and professional licensing. The severity of these consequences depends on the specifics of your case, including whether it’s a first offense or a repeat charge.
A Flagstaff domestic violence defense lawyer from Griffen & Stevens Law Firm can help you understand the potential penalties and explore defense strategies. Domestic violence convictions carry serious, lasting repercussions, so having experienced legal representation is critical. Below, we break down what a conviction could mean for your future.
Criminal Penalties for Domestic Violence in Arizona
Under ARS §13-3601, domestic violence in Arizona isn’t a standalone crime—it’s a designation applied to certain offenses (like assault, disorderly conduct, or criminal damage) when committed against a family or household member. Penalties vary based on the underlying charge and prior convictions.
Misdemeanor vs. Felony Domestic Violence
The classification of a domestic violence charge—whether as a misdemeanor or felony—determines the severity of penalties and long-term consequences.
- Misdemeanor domestic violence. First-time offenders often face Class 1 misdemeanor charges, punishable by up to 6 months in jail, fines up to $2,500, and probation.
- Felony domestic violence. If the offense involves serious injury, a weapon, or prior convictions, it may be charged as a felony, carrying prison time (up to several years) and higher fines.
A Flagstaff domestic violence defense lawyer can negotiate for reduced charges or alternative sentencing, such as diversion programs for first-time offenders.
Mandatory Counseling and Probation Requirements
Arizona law requires domestic violence offenders to complete a 26-week batterer’s intervention program (BIP) as a condition of probation. These programs focus on anger management, accountability, and preventing future violence.
- Failure to complete the program can result in probation violation, leading to jail time
- Additional counseling (like substance abuse treatment) may be required if drugs or alcohol were involved
- Firearm Restrictions Under State and Federal Law
A domestic violence conviction triggers strict firearm prohibitions:
- Federal law (Lautenberg Amendment). Anyone convicted of misdemeanor domestic violence loses the right to own or possess firearms for life.
- Arizona law. State law aligns with federal restrictions, meaning you cannot legally buy, sell, or carry a gun after a conviction.
Violating these laws is a felony, punishable by additional prison time. If your job requires firearms (e.g., law enforcement or military), a conviction could end your career.
Immigration Consequences of a Domestic Violence Conviction
Non-citizens face severe immigration repercussions, including:
- Deportation. Domestic violence is a "crime involving moral turpitude" (CIMT) and an "aggravated felony" under federal immigration law, making deportation likely.
- Inadmissibility. Even lawful permanent residents may be barred from re-entering the U.S. if they travel abroad.
- Denial of citizenship. A conviction can disqualify you from naturalization.
An experienced Flagstaff domestic violence defense lawyer can explore plea options that minimize immigration risks, such as deferred prosecution.
Employment and Background Check Issues
A domestic violence conviction shows up on background checks, creating hurdles for:
- Job applications. Many employers reject applicants with violent offenses, especially in fields like education, healthcare, or security.
- Professional licenses. Nurses, teachers, real estate agents, and others may lose their licenses or face disciplinary action.
- Housing. Landlords often run background checks and may deny rental applications.
Expungement isn’t available for domestic violence convictions in Arizona, so the record is permanent unless sealed (which is rare).
Child Custody and Family Court Consequences
Family courts prioritize child safety, so a domestic violence conviction can drastically impact:
- Parenting time. A judge may order supervised visitation or no contact.
- Decision-making authority. You could lose legal decision-making rights (formerly called custody).
- Adoption or foster care. A conviction may disqualify you from adopting or fostering children.
Even if the victim recants, courts often rely on police reports and prior convictions when making custody decisions.
How a Flagstaff Domestic Violence Defense Lawyer Can Help
Fighting domestic violence charges requires a strategic defense. Attorneys at Griffen & Stevens Law Firm can:
- Challenge evidence (false accusations, lack of proof, improper police conduct)
- Negotiate plea deals to avoid jail time or reduce charges
- Argue for diversion programs (for first-time offenders)
- Protect your rights in court and during interrogations
If you’re facing charges, consulting a Flagstaff domestic violence defense lawyer early can make a significant difference in the outcome.