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.