Aggravated Domestic Violence

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Phoenix Aggravated Domestic Violence Lawyer

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Facing domestic violence charges in Arizona can be scary and overwhelming enough as it is, but even more so for those facing aggravated domestic violence charges. The ramifications of these criminal charges extend far beyond the courtroom, potentially affecting every aspect of a person’s life. In these moments, the guidance and representation of a seasoned Phoenix domestic violence lawyer is indispensable.

At the Belén Law Firm, our experienced criminal defense attorneys know what all is at stake in an aggravated domestic violence case. When clients reach out to us, we are prepared to devise a legal strategy that is both nuanced and aggressive, tailored to the specific circumstances of their case. Our goal is to obtain the most favorable outcome possible, whatever that may look like given your unique situation.

To speak with an experienced attorney on our team regarding your Arizona aggravated domestic violence case, call (602) 715-0908 or reach out online to schedule your free and confidential consultation today.

What is Aggravated Domestic Violence?

Acts of violence or abuse against someone with whom the perpetrator has had a romantic or sexual relationship, including spouses, former spouses, and co-parents, as well as against relatives or individuals residing in the same household is considered domestic violence in Arizona.

An aggravated domestic violence offense (also known as aggravated domestic assault or abuse) is a legal designation for a domestic abuse charge that becomes more severe due to specific aggravating circumstances. This level of offense is typically reached when an individual commits a domestic violence act and has a prior history of similar offenses. Specifically, when a person is found guilty of committing a third or subsequent domestic violence offense within a seven-year period, the charge may be elevated to aggravated domestic violence.

ARS 13-3601.02

Aggravated domestic violence charges are outlined under Arizona’s domestic violence statute, ARS 13-3601.02. According to this statute,

“A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a violation of a domestic violence offense and has previously been convicted of any combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.”

Domestic Violence vs. Aggravated Domestic Violence

The key difference between general domestic violence offenses and aggravated domestic violence offenses lies solely in the defendant’s criminal history.

In general, domestic violence in Arizona encompasses a range of violent or aggressive behavior toward a domestic partner or family member. Charges can be considered either misdemeanors or felonies, depending on the circumstances surrounding the crime. As such, the penalties vary in severity but may include fines, intervention programs, or jail time.

Aggravated domestic violence, on the other hand, specifically applies to individuals with two prior domestic violence convictions within seven years and is automatically classified as a felony. This charge signifies a pattern of abuse, resulting in stricter penalties, including mandatory imprisonment, to deter repeat offenses.

Examples of Aggravated Domestic Violence

When it comes to domestic violence cases, Arizona law emphasizes the relationship between the perpetrator and the victim rather than the specific behavior. This means that a wide range of actions can be classified as an aggravated domestic violence crime if it occurs within the context of these defined relationships.

Below are some examples of actions that could be considered aggravated domestic violence when there is a clear history of these (or similar) offenses:

Physical Assault: Hitting, punching, slapping, or any form of physical harm against a family member or intimate partner.
Threats of Harm: Making credible threats of violence that place the alleged victim in fear for their safety.
Stalking or Harassment: Repeatedly following, monitoring, or harassing behavior that creates a sense of fear or intimidation.
Sexual Assault: Non-consensual sexual acts or behaviors against a partner or family member.
Kidnapping or False Imprisonment: Restricting someone’s freedom of movement through force or threat.

When facing these charges, it’s crucial that you seek the help of experienced Phoenix domestic violence defense lawyers. These legal professionals have an in-depth understanding of the justice system and can provide a defense strategy tailored to the specifics of the aggravated domestic violence crime.

What are the Penalties for Aggravated Domestic Violence in Arizona?

The penalties for an aggravated domestic violence conviction are severe and aim to reflect the seriousness of committing multiple domestic violence crimes. Below, our Phoenix domestic violence lawyers provide a breakdown of the statutory penalties:

Felony Conviction: For first and second offenses, offenders often face a misdemeanor domestic violence charge. However, an aggravated domestic violence conviction elevates the crime to Class 5 felony status.
Mandatory Jail Time: Arizona laws require individuals convicted of aggravated domestic violence to face mandatory jail time. For a third offense, the minimum jail sentence is 4 months and up to one year but increases with subsequent offenses.
Incarceration: Aside from jail time, aggravated domestic violence convictions may result in a minimum of 6 months and potentially up to 2 and half years in state prison.
Mandatory Counseling: Individuals convicted of aggravated domestic violence are required to complete a domestic violence offender treatment program or counseling.
Fines and Fees: Convicted individuals may also face significant fines, fees, and restitution costs.
Loss of Rights: A felony conviction for aggravated domestic violence can lead to the loss of certain civil rights, such as the right to possess firearms.
Probation: Offenders may also be placed on supervised probation, requiring regular check-ins with a probation officer, continued counseling, and adherence to strict conditions to avoid further legal trouble.

The Lasting Impact of an Aggravated Domestic Violence Charge

Facing aggravated domestic violence charges in Arizona carries both immediate and lasting consequences, impacting nearly every aspect of an individual’s life. In the short term, these charges can lead to pre-trial detention, affecting employment as absence from work may result in job loss. Upon conviction, the repercussions become more severe and far-reaching.

Employment opportunities are significantly limited, as many employers are hesitant to hire someone with a felony conviction, especially one related to violence. Housing opportunities also suffer, with many landlords and rental agencies unwilling to lease to individuals with a violent criminal history. Personal relationships are deeply affected by the stigma and trust issues that arise from domestic violence allegations, leading to isolation and strained family connections.

Legally, the consequences also extend beyond the initial penalties of jail time, fines, and mandatory counseling. Individuals convicted of aggravated domestic violence in Arizona face additional legal repercussions such as the loss of firearm rights.

In domestic violence cases, restraining orders (aka an Order of Protection) are commonly issued, further limiting the convicted individual’s movements and interactions, particularly with the alleged victim and their family. These orders can complicate living arrangements and parental rights, leading to long-term difficulties in maintaining important personal relationships.

Given both the short and long-term impacts of a conviction, it’s crucial for those facing aggravated domestic violence charges to seek the assistance of experienced Arizona domestic violence defense lawyers like those at Belén Law Firm. We can provide a defense strategy that works to mitigate these consequences and protect your rights and future.

How Belén Olmedo Guerra Can Help

If you’ve found yourself in an alleged domestic violence dispute in Phoenix, Arizona or anywhere throughout Maricopa County and the nearby counties, Belén Olmedo Guerra can help. As a seasoned Phoenix domestic violence lawyer, Belén understands the intricacies of the legal process and the critical nature of mounting an aggressive defense for her clients. Her approach to handling aggravated domestic violence charges is comprehensive, focusing on protecting her client’s rights while fighting for the best possible outcome.

At Belén Law Firm, our Phoenix criminal attorneys have the skills, resources, and experience to challenge the prosecution’s evidence effectively, advocate for fair treatment in the legal system, and seek resolutions that minimize the impact of the charges on our clients’ lives.

Potential Defenses for Aggravated Domestic Violence Charges

In Arizona, defending against aggravated domestic violence charges requires a nuanced understanding of the law and a strategic approach to highlight the weaknesses in the prosecution’s case. Given the sensitive nature of many domestic violence cases, potential defenses can vary but often include:

Self-Defense: This defense requires demonstrating that the accused’s actions were a necessary response to the threat posed by the alleged victim.
Insufficient Evidence: Highlighting the lack of sufficient evidence might involve questioning the credibility of evidence or the reliability of witness testimonies presented by the prosecution.
False Accusation: Unfortunately, false accusations are not uncommon in domestic disputes, often arising from misunderstandings, emotional conflicts, or malicious intent. Demonstrating that the accusations are baseless and unsupported by factual evidence can dismantle the prosecution’s case.

Call an Experienced Phoenix Domestic Violence Attorney at The Belén Law Firm Today for a Free Consultation

Domestic violence convictions in Arizona can lead to harsh penalties and lasting repercussions, making the assistance of a seasoned and experienced criminal defense attorney so important. Don’t let the weight of these charges determine your future without fighting for the best possible outcome. Contact a Phoenix aggravated domestic violence attorney at the Belén Law Firm today for experienced defense counsel who stands ready to advocate for you every step of the way.

Call (602) 715-0908 or send us a message today to set up your free consultation.

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