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. 

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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. 

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.

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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.

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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.

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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.

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).

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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.

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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.

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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.

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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.