Aggravated Domestic Violence Defense
A third DV charge can turn what looks like a misdemeanor into a felony with required jail. We help you understand how the State counts your past cases and what you can do now.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-3601.02 makes a third domestic violence offense within 84 months a felony called aggravated domestic violence.
- How it is classified: A class 5 felony (§ 13-3601.02(F)).
- Possible sentence: At least 4 months in jail before any probation or release (§ 13-3601.02(B)), and up to 2.5 years in prison for a first felony (A.R.S. § 13-702(D)).
- Where the case is heard: Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St., or South Court Tower, 175 W. Madison St.). Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first.
- What to do now: Follow every release condition, including any no-contact order, and gather the paperwork from your earlier cases.
What the law says
Aggravated domestic violence is not a separate act. It is a felony charge that applies when a new domestic violence (DV) offense follows earlier DV convictions. Under § 13-3601.02(A), the State must show that within 84 months you committed a third or later DV offense. Earlier convictions can come from Arizona, or from acts in another state, a federal court or a tribal court that would be DV offenses in Arizona.
- A new DV offense. One of the offenses listed in A.R.S. § 13-3601(A), committed against someone in a covered relationship.
- Prior DV convictions. Enough earlier convictions that the new offense is the third or later.
- The 84-month window. "The dates of the commission of the offenses are the determining factor," regardless of the order in which they happened (§ 13-3601.02(D)).
Two rules can narrow what counts. A conviction for an offense "arising out of the same series of acts" does not count as a separate third violation (§ 13-3601.02(D)). And prior misdemeanor DV convictions count only for offenses committed on or after January 1, 1999 (§ 13-3601.02(E)).
Under § 13-3601(A), a DV offense requires one of these relationships:
- Married or formerly married, or living or having lived in the same household, which includes roommates
- Having a child in common, or one person pregnant by the other
- Related by blood or court order, such as a parent, grandparent, child, grandchild or sibling, or by marriage as an in-law or step-relative
- A child who lives or lived in the same household and is related by blood to a former spouse or a household member
- A current or past romantic or sexual relationship, judged by its type, length, frequency of contact and time since it ended
How it is classified
Aggravated domestic violence is a class 5 felony. The required jail time depends on how many prior DV convictions fall within the 84 months.
| Prior DV convictions within 84 months | Class | Jail required before probation or release |
|---|---|---|
| Two | Class 5 felony | At least 4 months (§ 13-3601.02(B)) |
| Three or more | Class 5 felony | At least 8 months (§ 13-3601.02(C)) |
Section 13-3601(A) lists § 13-3601.02 itself as a DV offense. That means an aggravated DV conviction can count as a prior in any future case.
Possible penalties
Under § 13-3601.02(B) and (C), you are not eligible for probation, pardon, commutation, a suspended sentence or release on any other basis until you have served the minimum jail term. After that, the court may have other options, depending on the case. For a person with no historical prior felony convictions, § 13-702(D) sets these ranges for a class 5 felony:
| Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|
| 0.5 years | 0.75 years | 1.5 years | 2 years | 2.5 years |
Prior felony convictions can raise these ranges. The court must also order restitution to the victim on any conviction (A.R.S. § 13-603(C)). Treatment is often part of a DV sentence, and for misdemeanor DV convictions it is required by A.R.S. § 13-3601.01.
Consequences beyond the sentence
- Your record. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt, but a set-aside conviction can still be "used as a prior conviction" (§ 13-905(E)). Sealing under A.R.S. § 13-911 has a five-year waiting period for a class 5 felony after you complete your sentence (§ 13-911(E)). See our record sealing and set-aside page.
- Firearms. A felony conviction makes you a prohibited possessor in Arizona until your right is restored, and so does serving probation for a DV offense (A.R.S. § 13-3101(A)(7)). Federal law bars possession after a conviction for a crime punishable by more than one year (18 U.S.C. § 922(g)(1)). Your earlier misdemeanor convictions may also matter under 18 U.S.C. § 922(g)(9), which requires a force element and a qualifying relationship (18 U.S.C. § 921(a)(33)).
- Immigration. Federal law lists a crime of domestic violence as a ground for removal (8 U.S.C. § 1227(a)(2)(E)). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Family, work and housing. A felony DV conviction can come up in custody disputes, orders of protection, background checks and rental applications.
Avoiding jail is not the same as avoiding a conviction. Here, jail is required by statute, and the felony conviction carries effects that last long after release.
How we defend aggravated domestic violence cases
These cases have two parts: the new incident and the prior record. Both have to hold up for the felony charge to stand.
- The priors. We review certified records of each earlier case. Was it a listed DV offense with a covered relationship? Do the offense dates fall within 84 months? Did two convictions arise from the same series of acts? Does an out-of-state, federal or tribal case match an Arizona DV offense?
- The new offense. The State must still prove every element of the underlying charge, such as assault or criminal damage. If it cannot, the aggravated charge falls with it.
- Self-defense. Under § 13-3601(B), "an act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence." Justification is governed by A.R.S. § 13-404.
- The relationship. If the relationship does not fit § 13-3601(A), the DV designation and the aggravated charge may not apply.
- The evidence. 911 recordings, body camera footage, photos, messages and witness accounts can show a different picture than the first report.
- Mitigation. Counseling you start on your own, steady work and family support can matter in negotiations and at sentencing.
Release conditions in DV cases include terms "necessary to provide for the protection of the alleged victim" (§ 13-3601(I)). A violation can lead to new charges, so read our page on order of protection violations and release conditions and bond.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Only if they fall within the 84-month window, measured by the dates the offenses were committed. Misdemeanor DV priors count only for offenses committed on or after January 1, 1999. A conviction from the same series of acts as another does not count as a separate violation.
It may. Under § 13-905(E), a set-aside conviction can be used as a prior conviction and can be pleaded and proved in a later prosecution. Each prior still has to qualify under § 13-3601.02, so the details of that case matter.
Yes. With two qualifying priors, you must serve at least four months in jail before probation or release, and with three or more, at least eight months. These minimums come from § 13-3601.02(B) and (C).
Aggravated DV is a class 5 felony, and the misdemeanor designation in A.R.S. § 13-604 applies only to class 6 felonies. A resolution to a different charge depends on the evidence, the priors and negotiations with the prosecutor.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3601.02: Aggravated domestic violence; classification; definition
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
- A.R.S. § 13-603: Authorized disposition of offenders
- A.R.S. § 13-3601.01: Domestic violence; treatment; definition
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-404: Justification; self-defense
- A.R.S. § 13-604: Class 6 felony; designation
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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