Aggravated Domestic Violence – Arizona Laws
In Arizona, an individual can be charged with domestic violence if they commit certain criminal acts on a victim with whom they are in a “domestic relationship.” These criminal acts do not necessarily have to be physically violent in nature and can also include such crimes as stalking, trespassing, and custodial interference.
However, domestic violence charges can be elevated to aggravated domestic violence charges for repeat offenders, per A.R.S. 13-3601.02. This means the associated charge is a felony. An individual can be charged with aggravated domestic violence by specifically:
- Committing a third or more domestic violence violation within seven years.
- Being convicted of a domestic violence offense within seven years of being previously convicted of any combination of offenses in another state, a US court, or a tribal court that would be considered domestic violence in Arizona.
Those convicted of aggravated domestic violence with two prior convictions are not eligible for probation, pardon, commutation or suspension of sentence, or release on any basis until they have served at least four months of incarceration.
Those convicted of aggravated domestic violence with three or more prior convictions are not eligible for probation, pardon, commutation or suspension of sentence, or release on any basis until they have served at least eight months of incarceration.
Aggravated domestic violence is a class 5 felony. First time offenders of aggravated domestic violence can face up to 2.5 years of incarceration, however this length increases depending on how many prior convictions the offender has and whether they were felonies or misdemeanors.
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