The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:
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).”
Defending Domestic Violence Charges – Misdemeanor and Felony
Common defenses for Misdemeanor Domestic Violence and Felony Domestic Violence charges are basically the same. However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not) the level of defense that is most critical, if a person is convicted, is the sentencing phase. Since prison terms apply and prison terms can be lengthy, the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms. Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.
10 Defenses for Felony/Aggravated Domestic Violence Charge
Arizona DUI & Criminal Defense Attorney Blog