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Aggravated Domestic Violence

Aggravated Domestic Violence Attorney in Phoenix

Handling domestic violence, whether actual or alleged, is challenging and emotionally charged with many negative connotations. Facing charges of aggravated domestic violence in Phoenix, AZ, can be a harrowing experience due to the social stigma that may be associated with it. Additionally, the potential consequences of such charges can be severe. 

If you or a loved one has been charged with aggravated domestic violence, it is important that you consult with a criminal defense attorney. When working with our law firm, you will have an experienced attorney who will provide an aggressive representation so that you can have the best chance to get your case resolved. We offer free consultations to help you determine what your next steps need to be. 

What is Aggravated Domestic Violence in Arizona?

According to Arizona laws, a third misdemeanor domestic violence offense within seven years will result in automatic felony charges for the crime of aggravated domestic violence. As a class 5 felony, a conviction for this offense carries severe penalties, including the possibility of imprisonment, even for first-time offenders.

Despite any potential reconciliations between the perpetrator and victim of domestic violence, Arizona law dictates that charges will still be brought forth. Even if the victim chooses not to press charges, the state's legal system takes a strong stance on domestic violence crimes and will proceed with prosecution. The legal process will continue even if the victim drops the charges.

Once domestic violence charges are filed, the victim cannot retract them. Only the District Attorney has the power to dismiss the charges and must have a judge's approval to do so. The victim becomes a witness for the state and cannot drop the charges. Arizona law may still prosecute the defendant even if the victim does not wish to testify. In some cases, the prosecutor may choose not to file charges, and the victim will be notified of this decision.

Here are some common examples of aggravated domestic violence in Arizona:

  • Causing severe bodily harm to another individual.
  • Assaulting someone with a dangerous tool or deadly weapon.
  • Attacking someone who is restrained or incapacitated or disabling a victim's ability.
  • Assaulting someone in a way that causes temporary but significant disfigurement or temporary but significant impairment or loss of a body organ, including body fractures.
  • An adult was committing aggravated assault on a person under 15 years old.
  • Trespassing in another person's home without permission. 
  • Breaking the terms of a protective order.
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Dealing with criminal charges in Arizona can be overwhelming and stressful. Receiving a charge of this magnitude in Arizona when you don’t live here adds an additional stress that you may not know how to handle.
Having our Arizona legal team by your side:
Minimizes the amount of travel time back to Arizona.
Potentially eliminates the need for travel back to Arizona.
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Penalties for Aggravated Domestic Violence in Arizona

When a person is accused of committing a domestic violence crime within 84 months (7 years) of a previous conviction for a misdemeanor domestic violence crime, the charges are elevated to Aggravated Domestic Violence Charges (Felony).

Convictions for Domestic Violence or Domestic Assault Charges in Arizona are severe, and the penalties become more severe with each repeated Aggravated Domestic Violence offense. Felony convictions in Arizona carry prison sentences and other harsh penalties.

First Aggravated Domestic Violence Offense within 7 Years:

Aggravated Domestic Violence offenses are considered a Class Five Felony, and convictions can result in prison sentences that include:

  • 1 to 4 years in prison
  • Fines ranging from $750 to $150,000;
  • Mandatory participation in education or counseling programs, 
  • Court fees and assessments
  • The court may determine other penalties, such as probation, community service, and restitution.

Second Aggravated Domestic Violence Offense within 7 Years:

A person convicted of two prior domestic violence offenses within the past seven years (84 months) will not be eligible for parole, pardon or release until serving at least four months in jail.

Third Aggravated Domestic Violence Offense within 7 Years:

A person convicted of three or more domestic violence offenses within the past seven years (84 months) will not be eligible for parole, pardon or release until serving at least eight months in jail.

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Contact An Aggravated Domestic Violence Attorney in Phoenix

Our team at the Nava Law Firm is dedicated to helping and representing you. You will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved.

‍Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Glendale, and other locations around Arizona. If you need an experienced criminal defense attorney in Maricopa County, please get in touch with us today to schedule your free case evaluation.


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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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