Your Guide to ARS 13-3601.02, Aggravated Domestic Violence

Are you facing a domestic violence charge? If so, then you’ll want to understand what the state of Arizona defines as domestic violence, the different categories of domestic violence, and the potential consequences of a conviction. From there, with the proper legal representation, you can explore possible defenses and other options to protect yourself.

One of the more confusing aspects of domestic violence charges in Arizona is the “aggravated” domestic violence distinction. If you’ve been charged with aggravated domestic violence, there are some specific things you need to know.

Domestic Violence vs. Aggravated Domestic Violence

The state of Arizona defines domestic violence as a crime that is carried out against somebody with an existing relationship. This can include, for instance, violence against a spouse (or ex-spouse), blood relative, or child.

In Arizona, aggravated domestic violence is defined in ARS 13-3601.02. Compared to a standard domestic violence charge (which is serious enough), an offense is considered aggravated domestic violence when the defendant has already been convicted of domestic violence charges three times within a span of seven years. This type of charge is always a felony, whereas a standard domestic violence charge can be categorized as either a felony or a misdemeanor.

Potential Consequences of a Conviction

Because aggravated domestic violence is characterized by multiple prior convictions and is automatically classified as a felony, the potential consequences of a conviction are far-reaching and serious. For starters, this crime is not eligible for a pardon, probation, or suspended sentence. In fact, time in prison for an aggravated domestic violence conviction can range anywhere from six months to 7.5 years, depending on how many prior convictions the defendant has and the severity of the crime.

Why You Need Legal Representation

Because of the severity of aggravated domestic violence and the serious consequences (including prison time with no possibility for probation or a suspended sentence), it is important to find yourself the best legal representation if you have been charged with this crime in Arizona. Specifically, you’ll want to work with an experienced criminal defense team that has experience handling this crime.

A knowledgeable criminal defense lawyer will be familiar with common defenses for aggravated domestic violence as well as potential pleas to lesser crimes, such as criminal harassment or disorderly conduct. In some cases, it may even be possible to have these charges dropped if false accusations, self-defense, or other circumstances exist.

A felony conviction for aggravated domestic violence can have a serious impact on your life. With this in mind, it’s important to seek legal representation sooner rather than later for your case. Our team of criminal defense lawyers at Cates & Garvey Law Group is here to help. Contact us today to schedule your free case evaluation at (855) 965-4522 and to find out more about what we can do for you.

Your Guide to Aggravated Assault A.R.S. 13-1204 in Arizona

If you have been charged with felony aggravated assault in the state of Arizona, you need to take your defense seriously. The ramifications of a conviction are life-changing and can affect your ability to gain employment or to own firearms while resulting in jail time and a criminal record. Since the penalties you will face depend on the circumstances of your case, retaining an experienced attorney can limit the financial impact on your life and reduce your sentence if you are convicted.

What Qualifies as Assault Under A.R.S 13-1204

If you have brought harm or injury to another person, regardless of intent, you may be charged with assault under A.R.S 13-1204. Whether you will face misdemeanor or felony charges will depend on what happened and the degree to which you have harmed the other party. The following can be considered aggravated assault.

  • Attacking another person in any manner that results in an injury. The severity of the injury is usually taken into account when assessing the charges.
  • Using any physical object or weapon to cause another person harm.
  • Physically restraining another person prior to or during an assault. This includes situations where the victim is impaired and unable to defend him/herself.
  • Visiting or coming in contact with a person who has filed a restraining order against you.
  • Causing physical harm to a minor under the age of 15.
  • Reaching for a police officer’s firearm or bringing physical harm to a police officer in any way.
  • Attacking public servants, such as paramedics, firefighters, health care professionals, and teachers.

When being tried for aggravated assault, the burden of proof rests on the prosecution. This means that it is possible to be acquitted or have your sentence reduced if the prosecutor is unable to prove that you committed the offense beyond a reasonable doubt in the minds of a jury. Lacking an experienced criminal defense attorney can result in you receiving a more severe sentence than you would have otherwise.

Possible Penalties for Aggravated Assault

There are five classes of aggravated assault, and each carries different sentences and fines. A Class 6 aggravated assault charge is considered minor while the most severe charge is a Class 2 aggravated assault charge. Following are each of these charges and the jail sentences you may face.

  • Class 6 Aggravated Assault— If convicted of this charge, you may face up to three years in prison in addition to fines, restitution, and a criminal record. If it is your first conviction, you may face a minimum sentence of 18 months.
  • Class 5 Aggravated Assault— Those convicted of a Class 5 aggravated assault charge face up to four years in prison. The minimum sentence is two years, and you may be subject to court costs, fines, restitution, and carry a criminal record.
  • Class 4 Aggravated Assault— This charge is a bit more serious with a minimum sentence of four years. If given a maximum sentence, you would face eight years in addition to fines, court costs, a criminal record, and other fees.
  • Class 3 Aggravated Assault— A Class 3 aggravated assault charge carries a maximum sentence of 15 years. If it is a first-time offense, you may be looking at closer to 7.5 years.
  • Class 2 Aggravated Assault— This is the most serious assault charge that you can face. If you are convicted, you may spend up to 21 years in prison. The minimum sentence is seven years, but you are much more likely to spend ten or more years in prison if you are found guilty.

There are many factors that are considered when deciding what type of charges you face, along with the sentence that you face. Whether you have a history of criminal offenses can definitely work for or against you and the details of the victim play a part as well. You will face more severe penalties if the victim was a minor, a pregnant woman, or a public servant. Whether you used a weapon or not will also affect the type of charge you face.

The extent of the injuries is also considered. If the assault resulted in serious bodily harm or death, you will be facing a much more serious charge than if the victim’s injuries were minor and did not require hospitalization.

Learn More About Your Legal Rights

In the United States, you are presumed innocent until proven guilty of any crime. If you have been accused of a crime, it is important that you speak with an attorney before making any statements or admitting guilt. The representation you retain will have a marked impact on your case and the penalties you face.

Cates & Garvey Law Group has the experience and record of success that you need if you have been charged with a crime. You should not delay when seeking legal representation in this sort of situation, so we invite you to arrange a free consultation today by calling 855-965-4522.

Felony Sentencing Guidelines in Arizona

In Arizona, there are many different levels of criminal offenses that have a wide range of punishments associated with them. There are two major categories of crimes, felonies and misdemeanors. Each has different levels, or classes, within each. There are also different categories associated with repeat offenders for each class of felony or misdemeanor. In addition to that, there are several special circumstances and unique sentencing provisions that may or may not apply to your case.
If you or a loved one have been charged with a felony or a misdemeanor offense in Arizona, it is critical to hire an experienced attorney that will fight for you. Here at the Cates Garvey Law Group, we have years of experience handling cases involving the lowest level misdemeanors to the most severe felonies. Mr. Cates is certified by the State Bar of Arizona as a Specialist in Criminal Law and has over 20 years of experience in handling cases of all types. In addition, Ryan Garvey, the managing partner of Cates Garvey, has 20 years of experience in standing up for the rights of the accused. The Cates Garvey Law Group has a strong team of attorneys that have experience in fighting cases in all 15 counties in Arizona. We are aggressive at mounting defenses and strategies to help you fight any allegation. Do not waste your time talking to salespeople who are not licensed attorneys. At the Cates Garvey Law Group, we offer free, and confidential, 30-minute consultations with licensed attorneys to help answer your questions. Please call (855) 965-4522 to schedule a consultation today.

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Understanding Domestic Violence Charges in Arizona

In Arizona, domestic violence is never charged on its own. The State uses the domestic violence (DV) tag as an enhancement for criminal charges where the alleged victim has some familial relationship to the defendant. The domestic violence tag can be applied to a wide variety of offenses, but is commonly applied to:

  • Assault
  • Aggravated Assault
  • Criminal Damage
  • Disorderly Conduct
  • Stalking

If you are charged with a domestic violence offense, you should be aware of four things: First, your release conditions will likely instruct you not to return to the scene of the crime, and not to have any contact with the alleged victim. These release conditions will be enforced even if the scene is your home, and the victim your child or spouse. Second, if there were any firearms at the scene they may have been seized, and they can be held for up to six months. Third, if you have two or more prior domestic violence offenses you may be charged with a felony, even if the crime you are charged with is a misdemeanor. Fourth, federal law prohibits the purchase or possession of firearms by anyone convicted of a domestic violence offense if the crime involved the use or threat of force.

If you have been charged with any crime and the State is alleging that it is a domestic violence offense, you should call us today. Our attorneys have experience dealing with domestic violence charges and will be happy to provide a free consultation.