Is Domestic Violence a Felony in Arizona?
Domestic violence is a serious offense in Arizona, and it can be charged as a misdemeanor or a felony, depending on several factors, including the severity of the alleged conduct, the nature of the relationship, and any prior history of abuse.
If you’re facing a domestic violence (DV) charge in Arizona, the sections below discuss what you need to know.
How Does Arizona Define Domestic Violence?
Under Arizona law, domestic violence is not a standalone offense. Instead, it refers to a range of criminal acts committed against certain classes of family members or close relations.
These relationships can include:
- Spouses or former spouses
- Current or former romantic or sexual partners
- People who live or have lived together
- Parents and children
- Relatives by blood or court order
- Co-parents of a child (regardless of relationship status)
For example, crimes like assault, stalking, or harassment involving one of these relationships may be designated as a domestic violence offense depending on the circumstances.
Common offenses that can carry a DV designation include:
- Assault and aggravated assault
- Threatening or intimidating
- Harassment or stalking
- Criminal damage
- Unlawful imprisonment
- Violating a protection order
Most domestic violence charges in Arizona start as misdemeanors, but certain circumstances can elevate the charge to a felony.
When Is Domestic Violence a Felony in Arizona?
A DV charge can become a felony when certain aggravating factors are present.
Some examples include:
- Aggravated assault: If the assault involves serious bodily injury, the use of a deadly weapon, or strangulation, it can be charged as felony aggravated assault.
- History of domestic violence convictions: If a person has two or more prior domestic violence convictions and is arrested again, the new charge can be enhanced to Aggravated Domestic Violence.
- Certain felony offenses involving a domestic relationship: Felony-level offenses like kidnapping, sexual assault, criminal trespass in the first degree, or unlawful imprisonment may be charged as felony domestic violence.
- Violating a protection order with a felony offense: If someone violates an Order of Protection and commits an additional felony in the process, the domestic violence charge can be treated as a felony.
Absent these special circumstances, domestic violence is usually a misdemeanor.
What Are the Penalties for Felony Domestic Violence?
Felony domestic violence penalties in Arizona are severe, especially for repeat offenders.
Depending on the class of felony, a person may face:
- Class 5 Felony: Between 6 months to 2.5 years
- Class 4 Felony: 1 to 3.75 years in prison
- Class 3 Felony: 2 to 8.75 years in prison, significantly higher with priors
Penalties increase if an individual has prior felony convictions; additional consequences may include:
- Mandatory domestic violence counseling
- Loss of firearm rights
- Restraining orders or protective orders
- Child custody restrictions
- Long-term impacts on employment, housing, and immigration status
Judges have limited discretion when prior convictions or weapons are involved. Arizona’s strict sentencing laws mean that prison time is often mandatory in felony DV cases.
How an Attorney Can Help if You’ve Been Charged with Domestic Violence
Being charged with felony domestic violence is a serious matter. You may be facing not only jail or prison time but also damage to your reputation and family relationships. It’s essential to have a knowledgeable criminal defense attorney managing your defense.
An experienced DV attorney can help by:
- Challenging the evidence and cross-examining witnesses
- Exploring whether the alleged victim’s statements are inconsistent or coerced
- Negotiating for reduced charges or diversion programs
- Helping you comply with court orders and protect your rights
- Fighting to keep your record clean, especially in first-time or borderline cases
A skilled attorney can evaluate the circumstances and build a strategy to seek dismissal, acquittal, or reduced penalties.
Contact Our Tucson Domestic Violence Lawyers at Katsarelis Law Criminal Defense Attorneys for a Free Consultation
If you’re facing a DV charge, you don’t have to go through it alone. Contact Katsarelis Law Criminal Defense Attorneys today for a free, confidential consultation. Our Tucson domestic violence lawyers can help you understand your rights and legal options after they learn more about your situation.
For more information, contact the Tucson Domestic Violence attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439