What Is a Misdemeanor Domestic Violence Charge?

Many people believe that assault accusations are not as serious if they stem from a domestic dispute. However, this is not the case, as the law takes violence against family or household members very seriously. 

If you are accused of domestic violence in Arizona, is it a misdemeanor or felony? This is a very important distinction, as felony charges have significantly more serious potential penalties than misdemeanors. 

Often, a first offense is a misdemeanor charge, though it can be a felony if there are aggravating factors, such as causing serious injuries or a vulnerable victim. If someone has prior misdemeanor convictions of domestic violence, future convictions can rise to the felony level. 

Keep in mind, however, that even a misdemeanor charge is a very serious matter. You should always hire a trusted Scottsdale criminal defense lawyer if you are facing any charges. 

What Is a Misdemeanor? How Does It Differ from a Felony?

A misdemeanor is a less serious offense than a felony. It typically involves acts that are considered to be of a lower degree of harm or danger. Misdemeanors often carry lesser penalties, such as fines, probation, or jail sentences of less than a year. Examples of misdemeanors include petty theft, disorderly conduct, and minor drug possession.

On the other hand, a felony involves acts that are of a higher degree of harm or danger to others. Felony charges are typically associated with more severe penalties, longer prison sentences, and higher fines. Examples of felonies include murder, rape, and arson.

Misdemeanor Domestic Violence

In the context of domestic violence in Arizona, a misdemeanor charge typically involves acts of physical violence or threats of violence against a family or household member. This can include spouses, partners, parents, children, siblings, or any other person who shares a close relationship with the offender.

Misdemeanor domestic violence charges can encompass a wide range of behaviors, including:

• Criminal Damage: Destroying or damaging the property of another person.
• Violation of Protective Order: Disobeying a court order meant to protect the victim from further harm.
• Assault: Causing physical harm or the intentional act of creating fear of immediate bodily harm.
• Battery: Intentionally causing physical harm to another person.
• Harassment: Engaging in conduct that is intended to annoy, torment, or frighten the victim.

Is Domestic Violence a Misdemeanor or a Felony Offense?

The classification of domestic violence can vary depending on the specific circumstances.

One of the main factors that can turn a domestic violence charge into a felony is the presence of aggravating factors. Aggravating factors are specific elements of the offense that make it more serious or harmful. For example, if the domestic violence incident involved the use of a deadly weapon, the charge can be enhanced to a felony. This includes situations where a firearm, knife, or any other weapon was used or threatened to be used during the incident.

Another factor that can result in a domestic violence charge being elevated to a felony is the severity of the injuries inflicted on the victim. If the victim suffers serious physical injuries as a result of the domestic violence incident, the charge can be upgraded to a felony. These injuries may include broken bones, internal injuries, or any other type of serious harm that requires medical attention.

Additionally, if a person has prior domestic violence convictions within a certain time frame, their current charge can be enhanced to a felony. Arizona has a “repeat offender” law that increases the penalties for individuals who have been convicted of domestic violence within the past seven years. This includes both misdemeanor and felony convictions, and can result in a felony charge for subsequent offenses.

What Are the Charges for Domestic Violence?

In Arizona, domestic violence charges can be misdemeanors or felonies, as specified in the Arizona Revised Statutes (ARS) Title 13, Section 3601. According to the ARS, domestic violence offenses are classified into three levels:

• Class 1 Misdemeanor
• Class 6 Felony
• Class 5 Felony

Aggravated Domestic Violence in Arizona

Under Arizona Revised Statutes, Section 13-3601.02, aggravated domestic violence is a distinct crime that carries harsher penalties.

To better understand aggravated domestic violence, let’s compare and contrast it with misdemeanor domestic violence under ARS § 13-3601 (see above). While both offenses involve acts of violence or threats between individuals in a domestic relationship, the key differentiating factor is the level of harm inflicted and the intent behind it.

Misdemeanor domestic violence generally refers to situations where the harm caused is not severe and there is a lack of intentional infliction of injury. This offense is typically classified as a class 1 misdemeanor under Arizona law and carries penalties such as jail time, fines, mandatory counseling, and probation. Again, a misdemeanor domestic violence charge can be enhanced if the accused has prior convictions for domestic violence offenses.

On the other hand, aggravated domestic violence occurs when certain aggravating factors are present. These factors can include causing serious bodily harm to the victim, using a dangerous weapon or deadly instrument during the commission of the offense, or violating a court order of protection. Aggravated domestic violence is a felony offense in Arizona and can result in significantly higher penalties, including imprisonment, substantial fines, and the loss of certain civil rights.

It’s important to mention that aggravated domestic violence is not limited to physical acts of violence. Non-physical forms of abuse, such as stalking, harassment, or causing a reasonable fear of imminent physical injury, can also be considered aggravated domestic violence.

Contact a Scottsdale Criminal Defense Lawyer for Help

The Law Offices of John Phebus is dedicated to helping individuals in the Scottsdale area and throughout Arizona with their criminal defense needs, including domestic violence cases. Our experienced team of Scottsdale criminal defense lawyers understands the complexities of both misdemeanor and felony domestic violence and will work diligently to achieve the best possible outcome for your case. 

To schedule no-cost legal consultation and case review, contact our office today.

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