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About James E. Novak

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Domestic Violence (DV): Difference Between Misdemeanor and Felony DV in Scottsdale

The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:

  • Classification:  Domestic Violence is a Misdemeanor. Aggravated Domestic Violence is a Felony.
  • Penalties: Misdemeanor Domestic Violence convictions do not carry prison sentences. Felony Domestic violence convictions will result in prison sentencing.  

Aggravated Domestic Violence Law and Classification: A.R.S. § 13.3601.02

Aggravated domestic violence is a class 5 felony. “Aggravated” means that the criminal charge has been elevated to felony charges.

Under Arizona Law A.R.S. § 13.3601.02  Domestic Violence charges are elevated to Aggravated Domestic Violence charges in Arizona for repeat offense of misdemeanor domestic violence Domestic Violence Convictions when:

“A person commits a third or subsequent violation of domestic violence offense within  7 years (eighty four months).”

First Aggravated Domestic Violence Penalties for Convictions in Scottsdale AZ

1) First Aggravated Domestic Violence Conviction within 7 Years:

Aggravated Domestic Violence charges may be charged from Class 5 Felonies to Class 2 felonies depending on the nature and severity of the crime Class 1 felonies are reserved for the most serious of all crimes, murder or homicide. Prison sentences will apply for even the least if convictions beginning from  1 to 4 years in prison; $750 up to $150,000 in fines; to 25 years or life in prison; counseling program;  fines, fees, court costs, victim restitution, prison assessments; and community service; loss of civil rights to bear arms, and to vote.

2) Second Aggravated Domestic Violence Conviction within 7 Years:

A person convicted of two prior violations of a domestic violence charges within 7 years (84 months), is not eligible for probation, pardon, suspension of sentence; reduction of sentencing; or release; on any other basis until the person has served a 4 month jail term.

3) Aggravated Domestic Violence Offense in 7 Years:

A person convicted of three or more domestic violence offenses convictions with the last 7 years (84 months) is not eligible for probation, pardon, suspension of sentence; reduction of sentencing; or release; on any other basis until the person has served an 8 months jail term.

Criminal Attorney for Defense for Domestic Violence Charges in Scottsdale AZ

You should seek legal counsel for defense of felony assault charges. You will need strong representation for defense. All felony DV charges expose a person to prison terms and other harsh penalties. You will need to make sure your rights are protected, that you will be treated fairly, and that your side of the story will be heard in the Arizona criminal justice system.

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