Flagstaff Domestic Violence Charges and Penalties

Domestic violence is a crime that is relatively commonly committed in Flagstaff, Arizona. Just in August 2020, there were 59 cases of death related to domestic violence in Arizona, according to the Arizona Department of Health Services. Whether you have been charged or convicted, you should be aware of the most current Flagstaff domestic violence charges and penalties.

Domestic Violence Defined

In Arizona, the definition of domestic violence (DV) is nuanced and applies to a range of violent behaviors as well as a range of relationships. In general, DV is a pattern of controlling or violent behavior, whether physical, emotional, psychological, technical, or financial, against a person with whom they have an intimate or familial relationship. According to Arizona Statute § 13-3601, domestic violence includes, but is not limited to:

• A dangerous crime against a child or children
• Serious violent acts like murder, homicide, or manslaughter
• Acts of intimidation or threatening acts
• Any type of assault
• Kidnapping
• Criminal trespass
• Criminal damage
• Cruelty to animals
• Interfering with a person using a telephone
• Use of electronic communication to terrify, intimidate, threaten, harass, annoy, or offend
• Acts of harassment, including aggravated harassment
• Stalking
• Photographing or videotaping another person without their permission
• Emotional abuse
• Elder abuse

These are some, but not all, actions that could be considered domestic violence. However, what separates domestic violence from other acts of violence is the nature of the relationship between the accused and the victim. Examples of relationships that constitute domestic violence are:

• Marital relationships, including former spouses
• Relationships in which a person shares a child
• A pregnant woman and their partner
• A close relative such as a parent, grandparent, child, sibling, or immediate in-law relationships
• Child victims who live or have lived in the same house as the accused
• Long-held intimate relationships or dating partners

Domestic Violence in Flagstaff, Arizona

While domestic violence-related deaths or occurrences are considerably low in Coconino County, they are relatively prevalent in nearby Maricopa County. According to the Maricopa County Attorney’s Office, the county had 80% of the domestic violence-related deaths in the state between 2018 and 2021, which was 160 cases.

In Coconino County, however, domestic violence is still an issue that may prove fatal. In one case, two were left dead following a domestic violence call north of Ask Fork.

Common Domestic Violence Charges

Domestic violence can be charged as either a misdemeanor or a felony in Flagstaff, AZ. Since domestic violence is not a separate crime but is often added to other crimes, it can be a class 1-3 misdemeanor or a class 3-5 felony. Your charges are largely dependent on the severity of the crime and the victim. Crimes against children tend to have the harshest sentences.

Common Domestic Violence Penalties

If you are charged with domestic violence, you could spend a long time in jail, and even life imprisonment if you are charged with murder. Below are details of the sentences for common domestic violence charges:

• Class 1 misdemeanor: You can serve up to six months in jail and pay up to $2,500 in fines.
• Class 2 misdemeanor: You can serve up to four months in jail and pay up to $750 in fines.
• Class 3 misdemeanor: You can serve up to 30 days in jail and pay up to $500 in fines.
• Class 2 felony: You can serve anywhere between 7 and 21 years in prison and pay up to $150,000 in fines.
• Class 3 felony: You can serve anywhere between 5 and 15 years in prison and pay up to $150,000 in fines.
• Class 4 felony: You can serve anywhere between 4 and 8 years in prison and pay up to $150,000 in fines.
• Class 5 felony: You can serve anywhere between 2 and 4 years in prison and pay up to $150,000 in fines.

Common Defenses for Domestic Violence

Domestic violence can be a tricky charge as it is highly dependent on the nature of the relationship between you and the victim. Since domestic violence charges are often added to other charges, you could potentially evade them if you can prove your relationship with the victim was not one of an intimate or familial nature, or if they choose to drop the charges or retract initial statements.

FAQs

Q: How Long Do You Go to Jail for Domestic Violence in Arizona?

A: You can go to jail for months to years for domestic violence in Arizona. In Arizona, there are misdemeanor and felony domestic violence charges. A misdemeanor in Arizona means serving between 30 days and 6 months in prison, while certain felonies may mean serving life in prison. Felony domestic violence typically means there are aggravating factors, such as previous convictions. Felony domestic violence could mean serving 2 years to 21 years in prison.

Q: Can Domestic Violence Charges Be Dropped in Arizona?

A: Yes, domestic violence charges can be dropped in Arizona. You may have your domestic violence charges dropped in Arizona for a variety of reasons, including lack of evidence, failure to testify, recanting an initial statement, or other defenses. Whether or not charges are dropped is at the discretion of the court and is largely dependent on the skill and experience of your domestic violence lawyer.

Q: What Is Criminal Damage in Arizona for Domestic Violence?

A: Criminal damage for domestic violence in Arizona is a serious crime. While traditional DV involves violence against another person, criminal damage involves damage to another person’s property, including their animals. Examples of criminal damage include defacing, damaging, or tampering with another person’s property. The penalties can range from misdemeanors to felonies, depending on the value of the property damage.

Q: What Is the Maximum Sentence for Domestic Violence?

A: The maximum sentence for domestic violence varies, depending on how serious the crime is and whether it is a misdemeanor or felony. The maximum sentence for a misdemeanor in Arizona is up to 6 months in jail. The minimum range for a domestic violence felony is a class 3 felony, while the maximum can be a class 1 felony, which means life in prison.

Consult with an Experienced Domestic Violence Defense Lawyer Today

If you are a Flagstaff resident and have been charged with domestic violence, you should be informed of the charges and penalties you could face. The lawyers at Grand Canyon Law Group are happy to help you understand your charges so you are better equipped to stand before a judge. Lack of preparation and representation could mean serving lengthy prison sentences. Let us help you avoid that. Contact us today for a consultation.