Domestic violence charges in Arizona are taken extremely seriously and can have life-altering consequences. If you’re facing allegations, it’s critical to understand how the law defines domestic violence, the penalties you could face, and what defenses may be available. At Attorney Josh, we specialize in building strategic, personalized defenses that protect your freedom and future—because smart defense leads to strong results.
Whether you’re dealing with a heated misunderstanding or a wrongful accusation, knowing your legal options can make the difference between conviction and dismissal.
What Constitutes Domestic Violence in Arizona?
Domestic violence in Arizona is not a standalone charge. Rather, it is a designation that applies when certain crimes occur between people who share a specific relationship. Under Arizona Revised Statutes §13-3601, domestic violence can apply if the accused and the alleged victim are:
- Married or formerly married
- Living together or previously lived together
- Parents of the same child
- Related by blood or court order
- In a romantic or sexual relationship (past or present)
The underlying crimes that can trigger a domestic violence designation include:
- Assault or aggravated assault
- Criminal damage
- Disorderly conduct
- Harassment or threatening/intimidating behavior
- Stalking
- Unlawful imprisonment
- Interfering with judicial proceedings (e.g., violating a restraining order)
It’s important to understand that you can be charged with domestic violence even if no physical harm occurred. For example, breaking a partner’s phone during an argument may lead to a domestic violence charge if it qualifies as criminal damage within a domestic relationship.
Penalties for Domestic Violence Charges in Arizona
The penalties for a domestic violence conviction in Arizona depend on the severity of the underlying offense and any prior history. Here’s a breakdown of potential consequences:
Misdemeanor Domestic Violence
- Class 1 Misdemeanor: Up to 6 months in jail, $2,500 fine, and mandatory domestic violence counseling
- Class 2 Misdemeanor: Up to 4 months in jail, $750 fine
- Class 3 Misdemeanor: Up to 30 days in jail, $500 fine
First-time offenders may be eligible for diversion programs or probation, but a conviction still leaves a criminal record that can affect employment, custody rights, and gun ownership.
Felony Domestic Violence
When domestic violence involves aggravated assault, strangulation, or repeated offenses, it may be classified as a felony. Penalties include:
- Class 6 Felony: 4 months to 2 years in prison
- Class 4 Felony: 1.5 to 3 years in prison
- Class 3 Felony or higher: Up to 8+ years depending on aggravating circumstances
Additionally, a felony conviction can result in:
- Loss of civil rights (e.g., voting, gun ownership)
- Mandatory prison sentences
- Extended probation
- Immigration consequences for non-citizens
Arizona also has a “Domestic Violence Repeat Offender” statute. If someone has been convicted of domestic violence twice in the past seven years and is charged again, the new offense can be charged as a Class 5 Felony, even if the underlying conduct is typically a misdemeanor.
Common Defenses to Domestic Violence Charges
Not all domestic violence charges result in conviction. At Attorney Josh, we apply a Smart Defense approach: anticipating the prosecution’s strategy, conducting detailed case investigations, and tailoring a powerful defense.
Here are some of the most effective legal defenses used in domestic violence cases:
1. False Allegations
It’s not uncommon for domestic violence allegations to arise during heated breakups or custody disputes. False accusations may be motivated by revenge, manipulation, or a desire to gain the upper hand in family court. An experienced attorney can uncover inconsistencies in the accuser’s story, phone records, or eyewitness statements.
2. Lack of Evidence
In Arizona, prosecutors must prove the case beyond a reasonable doubt. If there’s insufficient physical evidence, lack of injuries, or contradictory witness testimony, the charges may be dropped or reduced.
3. Self-Defense
You have the right to defend yourself if you reasonably believe you’re in danger. If you acted to protect yourself or someone else from harm, your attorney can present that justification in court.
4. Violation of Your Rights
If law enforcement failed to read your Miranda rights, conducted an illegal search, or coerced a statement from you, this could be grounds for suppressing key evidence or even dismissing the case.
5. No Proof of Domestic Relationship
For the domestic violence designation to apply, a specific type of relationship must exist. If the prosecutor cannot establish this connection, the domestic violence enhancement may be removed, reducing the severity of the charge.
Long-Term Consequences of a Domestic Violence Conviction
Beyond fines and jail time, a conviction can impact your life for years. Consequences may include:
- Difficulty gaining or keeping employment
- Ineligibility for certain professional licenses
- Inability to own or purchase firearms (under federal law)
- Loss of custody or visitation rights in family court
- Immigration issues, including deportation or denial of citizenship
Even a misdemeanor conviction can have serious social and legal consequences—especially for professionals, parents, or those in licensed fields. That’s why Attorney Josh focuses on defending your record, not just your case.
How We Can Help
If you’ve been charged with domestic violence in Arizona, Attorney Josh brings you more than legal representation—he brings Smart Defense and Strong Results.
With offices in Phoenix and Scottsdale, Attorney Josh has successfully defended clients across Maricopa County in a wide range of domestic violence cases. Every defense is strategic, tailored, and aggressive—built to anticipate prosecution tactics and expose weaknesses in their case.
Don’t let an allegation define your future. Whether you’re dealing with a first-time charge or a complex felony case, Attorney Josh fights to protect your rights, your record, and your freedom.
Contact Attorney Josh today for a confidential consultation and start building your defense.