Domestic Violence Charges in Arizona: What Counts, What Doesn’t, and What People Always Get Wrong
Domestic violence charges are always serious. If you are facing charges, you should work with an experienced attorney who can help you prepare an aggressive defense. Attorney Janet Altschuler has more than 20 years of experience helping clients navigate DV charges. She will answer all your questions, help you understand the potential penalties and consequences, and make sure you know exactly how the legal process works, step by step. Keep reading for a primer on domestic violence charges in Arizona, including an overview of the laws, sentencing, and common myths.
What Constitutes Domestic Violence in Arizona?
Arizona law defines domestic violence as any dangerous act that occurs between married, formerly married, or domestic partners or relatives and/or their children or unborn children. Domestic violence includes:
- Assault
- Aggravated assault
- Violent, intimidating, or threatening behavior
- Electronic harassment or intimidation
- Physical or emotional abuse
- Sexual assault and battery
- Stalking
- Harassment
- Kidnapping or unlawful imprisonment
- Custodial interference
- Interfering with judicial proceedings
- Child abuse
- Verbal or written threats
- Coercion or control
- Surreptitious photographing or videotaping
- Unlawful distribution of nude or sexual images
- Endangerment
What the Law Doesn’t Consider a Domestic Violence Act
The law only considers charges of domestic violence applicable if you have a specific relationship with the victim. Victims of domestic violence can include:
- Spouse, romantic partner, or former partner
- Cohabitant in the home
- Child
- Relative or in-law
There are also certain limits on the types of charges included. For instance, disorderly conduct might not be considered a domestic violence offense unless it involves fighting or violence, a weapon, abusive language, or threatening behavior against a victim listed above.
Understanding the Penalty for Domestic Violence
If you are found guilty, you may face serious, life-altering consequences. A charge of domestic violence can impact your ability to get an education, job, rental property, loan, or other benefits. Charges can affect your personal and business relationships and affect custody cases. If you are a first-time offender without a criminal record, you could face up to two and a half years in prison. If it is your second or third felony conviction, you could get as long as seven and a half years in prison. If the victim in your case was pregnant, your sentence could increase by up to two years. You may also face jail time, fines and fees, and probation or diversion terms.
Common Domestic Violence Myths
There are a lot of misconceptions about domestic violence. Some things people commonly get wrong are:
- The victim could leave if they were actually scared for their life
- Domestic violence only includes physical violence
- If injuries aren’t visible, there can’t be charges filed
- If domestic violence charges are dismissed, I can return to my normal life
- There is no such thing as rape between married couples
- I don’t need an attorney if I am innocent of domestic violence charges
If you are facing domestic violence charges, it’s crucial to meet with a criminal defense attorney in Tucson, AZ right away. Janet Altschuler is a skilled, experienced, and knowledgeable domestic violence lawyer who can help you determine how to defend yourself in court. Call our office now or contact us online to set up a free consultation.