Domestic violence charges in Arizona carry serious consequences, and the classification of these charges, whether as misdemeanors or felonies, can significantly impact the penalties you face. If you’re accused of domestic violence, understanding the legal distinctions between these classifications is crucial for building an effective defense.
At Griffen & Stevens Law Firm, our experienced assault and battery defense lawyers regularly handle domestic violence cases and understand how prosecutors determine whether to file misdemeanor or felony charges. Below, we break down the key differences, potential penalties, and defense strategies for these charges.
How Arizona Law Defines Domestic Violence
Under Arizona law (ARS § 13-3601), domestic violence is not a standalone crime but rather a designation applied to certain offenses when committed against a person with whom the defendant has a qualifying relationship. These relationships include:
- Current or former spouses
- Individuals who live or have lived together
- Parents, children, or other blood relatives
- Romantic partners (current or former)
- A person with whom the defendant shares a child
Domestic violence charges can stem from various underlying offenses, including:
- Assault (ARS § 13-1203). Threatening or causing physical injury.
- Aggravated assault (ARS § 13-1204). Assault involving serious injury, weapons, or other aggravating factors.
- Criminal damage (ARS § 13-1602). Destroying or damaging property.
- Disorderly conduct (ARS § 13-2904). Disturbing the peace in a domestic setting.
- Threatening or intimidating (ARS § 13-1202). Making threats of physical harm.
Whether these offenses are charged as misdemeanors or felonies depends on factors such as the severity of the alleged conduct, prior convictions, and whether aggravating circumstances exist.
Misdemeanor Domestic Violence Charges in Arizona
Most first-time domestic violence offenses are charged as Class 1 misdemeanors, the most serious misdemeanor classification in Arizona.
Common Misdemeanor Domestic Violence Offenses
- Simple assault. Threatening or causing minor physical harm.
- Verbal threats. Making intimidating statements without physical contact.
- Minor property damage. Breaking household items during an argument.
Potential Penalties for Misdemeanor Domestic Violence
- Jail time. Up to 6 months in county jail.
- Fines. Up to $2,500, plus surcharges.
- Probation. Supervised release with mandatory counseling.
- Protective orders. The court may issue a restraining order.
- Loss of firearm rights. Federal law prohibits firearm possession for domestic violence convictions.
Even a misdemeanor conviction can have long-term consequences, including difficulty finding employment or housing. An assault and battery defense lawyer can help negotiate for reduced charges or alternative sentencing programs.
Felony Domestic Violence Charges in Arizona
Certain factors elevate domestic violence charges to felonies, which carry much harsher penalties.
Circumstances That Lead to Felony Charges
- Serious physical injury. If the alleged victim suffers broken bones, burns, or other significant harm.
- Use of a deadly weapon. Including firearms, knives, or any object used to cause harm.
- Strangulation or suffocation. Arizona treats choking as a particularly serious offense.
- Violation of a protective order. Committing domestic violence while under a restraining order.
- Prior convictions. Repeat offenders often face felony charges.
Common Felony Domestic Violence Offenses
- Aggravated assault (Class 2-6 felony). Depending on injury severity and weapon use.
- Kidnapping (Class 2 felony). Restraining a victim against their will.
- Sexual assault (Class 2 felony). Non-consensual sexual contact in a domestic relationship.
Potential Penalties for Felony Domestic Violence
- Prison time. Ranging from 1 year to over 15 years for the most severe cases.
- Higher fines. Up to $150,000 for certain aggravated offenses.
- Mandatory probation. With strict supervision requirements.
- Lifetime protective orders. In extreme cases, restraining orders may be permanent.
- Loss of parental rights. Felony convictions can impact child custody cases.
Given these severe consequences, consulting an assault and battery defense lawyer is critical if you’re facing felony domestic violence allegations.
Key Differences Between Misdemeanor and Felony Domestic Violence
The distinction between misdemeanor and felony domestic violence charges in Arizona primarily comes down to three key factors:
- Severity of the offense. Misdemeanor charges typically involve minor threats or injuries, while felonies involve serious bodily harm, use of weapons, or other aggravating factors.
- Potential penalties. Misdemeanors carry up to 6 months in jail, while felonies can result in years of prison time. Fines for misdemeanors max out at 2,500,whereas felony fines can reach 150,000.
- Long-term consequences. While both can have consequences that affect employment and housing, felonies carry additional restrictions like lifetime firearm bans and potential loss of parental rights.
Defense Strategies for Domestic Violence Charges
Whether you’re facing misdemeanor or felony charges, an experienced assault and battery defense lawyer can explore multiple defense strategies, including:
Challenging the Evidence
- Inconsistent witness statements. If the alleged victim’s account changes or contradicts other evidence.
- Lack of physical proof. No medical records or photographs supporting injury claims.
- Improper police conduct. If officers failed to read Miranda rights or conducted an unlawful search.
Asserting Legal Defenses
- Self-defense. If you acted to protect yourself from harm.
- False allegations. Some accusers fabricate claims due to custody battles or revenge.
- Accidental injury. Proving that any harm was unintentional.
Negotiating for Reduced Charges
In some cases, prosecutors may agree to:
- Reduce felony charges to misdemeanors
- Offer diversion programs (for first-time offenders)
- Recommend probation instead of jail time
Why You Need an Assault and Battery Defense Lawyer
Domestic violence cases are complex, and prosecutors often pursue aggressive penalties. An assault and battery defense lawyer can:
- Analyze police reports for inconsistencies
- Challenge improper evidence collection
- Keep on top of the arrest timeline
- Negotiate for reduced charges or alternative sentencing
- Represent you at trial if necessary