Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3601.02 “Aggravated Domestic Violence” occurs when a person is convicted of a third or subsequent violation of the Domestic Violence statute A.R.S. §13-3601 within the previous seven (7) years.
Watch this short video where David explains Aggravated Domestic Violence (Felony) in Arizona:
Contact DM Cantor if you have been charged with Aggravated Domestic Violence. Call 24/7 602-307-0808 or click here for our confidential contact form for a Free Consultation.
Possible Punishment for Felony Aggravated Domestic Violence
Aggravated Domestic Violence is a Class 5 felony. If a person has two (2) prior misdemeanor convictions for Domestic Violence within the last seven (7) years, then this new conviction would be designated as “Aggravated” and could carry punishment of anywhere from probation with four (4) months minimum in jail up to one (1) year in jail, or prison of six (6) months minimum to two and one half (2.5) years maximum of incarceration.
If a person has three (3) prior misdemeanor convictions for Domestic Violence within the previous seven (7) years, then the range of punishment is probation with a minimum eight (8) months in jail up to one (1) year in jail, or prison of six (6) months minimum up to two and one half (2.5) years of incarceration.
If the person has one (1) allegeable historical prior felony conviction, then the range of punishment is “prison only” with a minimum of one (1) year to a maximum of three and three quarters (3.75) years of incarceration. If a person has two (2) allegeable historical prior felony convictions, then the “prison only” range is a minimum of three (3) years to a maximum of seven and one half (7.5) years of incarceration.
Possible Defenses for Aggravated Domestic Violence
The defenses for Aggravated Domestic Violence are the same defenses that are utilized in defending against a misdemeanor Domestic Violence charge because Aggravated Domestic Violence is really just getting numerous Misdemeanor Domestic Violence convictions.
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It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Aggravated Domestic Violence Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. For a free initial consultation, call us at 602-307-0808.