Factors That Elevate a Misdemeanor Domestic Violence Charge to Felony Aggravated Domestic Violence Offense

Aggravated Domestic Violence Charges

Aggravated domestic violence is a class 5 Felony in Arizona. “Aggravated” Domestic Violence charges are Misdemeanor charges that are elevated to Felony charges due to the charge being a repeat offense that occurred within 7 years of a prior conviction. A person may be guilty of Aggravated Domestic Violence charges under A.R.S. § 13.3601.02 for a 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).”

Aggravated Domestic Violence Sentencing and Penalties

I. First Aggravated Domestic Violence Offense in 7 Years:

Aggravated Domestic Violence charges may be charges beginning with Class 5 Felonies (least severe)l to Class 2 felonies (more severe); with most serious of all crimes Class 1 for Aggravated Domestic Assault which results in murder or homicide. Minimum Sentencing is for Class 5 convictions which expose a person to the following for the least severe Felony Domestic Violence Charges Class 5 Felony:

• 1 to  4 years in prison;
• $750 up to $150,000 in fines;
• Education, Counseling Program;
• Fees, Costs, Assessments, Restitution;
• Community Service

Longer prison sentences and more harsh penalties may be ordered for Aggravated Domestic Violence offenses charged as Class 4, Class 3, Class 2, or the most severe Class 1. Depending on the seriousness and nature of the crime (s) long term  25 years to life imprisonment may be ordered; or in the event of murder or homicide the death penalty is reserved.

II. Second Aggravated Domestic Violence Offense in 7 Years:

A person convicted of two prior violations of a domestic violence offenses in 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 a 4 month jail term.

III. Third 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.