Domestic Violence

Even though law enforcement in Arizona often charges Domestic Violence cases as misdemeanors, a conviction can carry long-lasting and serious consequences. You could lose your right to possess firearms, face employment consequences, and potentially impact custody or immigration status, depending on your circumstances. It’s imperative that you seek experienced legal representation immediately if you are charged with domestic violence.

What is Domestic Violence in Arizona?

In Arizona, domestic violence is not a specific criminal charge, but a designation added to other offenses โ€” most commonly assault, criminal damage, disorderly conduct, or threats โ€” when there is a qualifying domestic relationship between the accused and the alleged victim.

Under A.R.S. ยง 13-3601, a domestic violence relationship includes:

  • Current or former spouses

  • People who live or have lived together

  • People who share a child

  • People related by blood or court order

  • People involved in a current or past romantic or sexual relationship

Domestic violence charges can range in severity. Most are misdemeanors, but felony charges can apply if the accused has prior domestic violence convictions, used a weapon, or committed the offense in violation of a court order.

What Are the Penalties for Domestic Violence in Arizona?

Penalties depend on the class of misdemeanor or felony charged:

  • Class 1 misdemeanor: Up to 6 months in jail, $2,500 fine + surcharges, probation, mandatory domestic violence classes.

  • Class 2 misdemeanor: Up to 4 months in jail, $750 fine.

  • Class 3 misdemeanor: Up to 30 days in jail, $500 fine.

Convictions may also result in:

  • Loss of firearm rights under federal and state law

  • Protective orders being issued or extended

  • Negative impact on child custody or immigration status

  • Mandatory domestic violence counseling or treatment programs

If a weapon is involved or if the individual is on probation, parole, or has priors, the case can be charged as a felony.

Defenses to Domestic Violence Charges

Many domestic violence cases are resolved during pre-trial negotiations. For first-time offenders, jail time can often be avoided through plea agreements that include probation and domestic violence classes.

In some jurisdictions, pre-trial diversion programs may be available, offering an opportunity to avoid a criminal conviction. However, participation often requires fees and regular attendance in court-approved programs.

If you’re charged, pleading guilty may not be in your best interest, especially if you:

  • Are involved in a child custody dispute

  • Work in education, healthcare, law enforcement, or other sensitive fields

  • Are concerned about immigration consequences

  • Want to preserve your Second Amendment rights

Common Legal Defenses Include:

  • False accusations: The alleged victim may have made up or exaggerated the event.

  • Self-defense or defense of others: You may have been protecting yourself or someone else, such as a child.

  • Lack of evidence: No physical injury, conflicting statements, or lack of corroboration.

  • Violation of rights: If the police conducted an unlawful search or violated Miranda rights, evidence could be suppressed.

An experienced defense attorney can thoroughly examine the evidence, including:

  • Police reports and body cam footage

  • Witness statements

  • Medical records

  • Prior incidents involving the alleged victim or witness credibility

At R&R Law Group, we believe everyone deserves a strong legal defense โ€” especially in cases as personal and high-stakes as domestic violence. Our attorneys will:

  • Listen to your side of the story

  • Investigate the facts thoroughly

  • Challenge any unconstitutional police conduct

  • Seek dismissal or reduction of charges

  • Fight to protect your rights and freedom

Contact us today for a free, confidential consultation. We’re here to help you navigate your case and protect your future.