DV Criminal Damage Defense
A broken phone or a damaged door during an argument can lead to a DV charge, even when the property is partly yours. We help you understand the charge and what it could mean for you.
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: Criminal damage under A.R.S. § 13-1602, designated as domestic violence under A.R.S. § 13-3601 because of your relationship with the alleged victim.
- How it is classified: Mostly by the dollar amount of damage. Generally, under $1,000 is a misdemeanor and $1,000 or more is a felony (§ 13-1602(B)).
- Possible sentence: For a class 1 misdemeanor, up to 6 months in jail and a $2,500 fine, plus DV treatment and restitution (A.R.S. § 13-707(A), A.R.S. § 13-802).
- Where the case is heard: A misdemeanor is heard in a city (municipal) court or a justice court, depending on where it happened. A felony is heard in Maricopa County Superior Court in downtown Phoenix; confirm the building on your current notice.
- What to do now: Do not contact the other person to fix things if a release condition bars contact. Save receipts, photos and repair estimates.
What the law says
The most common form is in § 13-1602(A)(1): "recklessly defacing or damaging property of another person." The statute also covers recklessly tampering with property so as to substantially impair its function or value, damaging utility property, and graffiti. In DV cases, the claim is often damage to a phone, door, wall, car or other item during an argument.
Two definitions shape these cases:
- Recklessly: you were aware of and consciously disregarded a substantial and unjustifiable risk, in a way that was a gross deviation from how a reasonable person would act (A.R.S. § 13-105). A true accident is not enough.
- Property of another: property in which anyone other than you has an interest, "including community property and other property in which the defendant also has an interest" (A.R.S. § 13-1601). Breaking a shared phone or a jointly owned car can count.
Criminal damage under § 13-1602 is one of the offenses listed in § 13-3601(A). It is designated DV when you and the other person have a covered relationship, such as marriage, a shared household (including roommates), a child in common, close family ties or a current or past romantic or sexual relationship. For charges outside the DV context, see our criminal damage page.
How it is classified
| Amount of damage | Class | Statute |
|---|---|---|
| $10,000 or more | Class 4 felony | § 13-1602(B)(1) |
| $2,000 or more but less than $10,000 | Class 5 felony | § 13-1602(B)(3) |
| $1,000 or more but less than $2,000 | Class 6 felony | § 13-1602(B)(4) |
| More than $250 but less than $1,000 | Class 1 misdemeanor | § 13-1602(B)(5) |
| All other cases, including $250 or less | Class 2 misdemeanor | § 13-1602(B)(6) |
Utility property has its own rule: reckless damage of $5,000 or more, or intentional tampering that causes an imminent safety hazard, is a class 4 felony (§ 13-1602(B)(2)). The DV label does not change the class, because a DV offense "carries the classification prescribed in the section" that defines it (§ 13-3601(M)).
Possible penalties
For a class 1 misdemeanor, the maximum is six months in jail and a $2,500 fine. For a class 2 misdemeanor, it is four months and $750 (§ 13-707(A) and § 13-802(B)). On a misdemeanor DV conviction, the judge must order a DV offender treatment program, which you pay for (A.R.S. § 13-3601.01(A) and (C)).
For a first felony, A.R.S. § 13-702(D) sets these prison ranges, and probation may be possible:
| Class | Mitigated | Presumptive | Aggravated |
|---|---|---|---|
| Class 4 | 1 year | 2.5 years | 3.75 years |
| Class 5 | 0.5 years | 1.5 years | 2.5 years |
| Class 6 | 0.33 years | 1 year | 2 years |
A class 6 felony may be entered as a class 1 misdemeanor or left undesignated during probation (A.R.S. § 13-604(A)). On any conviction, the court must also order restitution (A.R.S. § 13-603(C)), which in a property case usually tracks the cost of the damage.
Consequences beyond the sentence
- Your record. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt. Sealing under A.R.S. § 13-911 is available after a waiting period that starts when you complete your sentence: two years for a class 2 misdemeanor, three years for a class 1 misdemeanor and five years for a class 4, 5 or 6 felony (§ 13-911(E)). See our record sealing and set-aside page.
- Firearms. In Arizona, you are a prohibited possessor while on probation for a DV offense, and after any felony conviction until your right is restored (A.R.S. § 13-3101(A)(7)). The federal ban in 18 U.S.C. § 922(g)(9) requires an element of "the use or attempted use of physical force, or the threatened use of a deadly weapon" and a qualifying relationship (18 U.S.C. § 921(a)(33)). Criminal damage is a property offense, so whether it qualifies needs a careful review.
- 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.
- Future cases. A third DV offense within 84 months can be charged as aggravated domestic violence, a class 5 felony.
Avoiding jail is not the same as avoiding a conviction. A DV criminal damage conviction can count toward a future felony even when the sentence is only probation.
How we defend DV criminal damage cases
- Recklessness. The State must prove you consciously disregarded a substantial risk. Something knocked over by accident, or damaged in a way you did not foresee, may not meet that standard.
- The dollar amount. The class turns on the amount of damage. Repair estimates, receipts, the item's age and condition, and independent quotes can matter, and a lower value can move a felony to a misdemeanor.
- Who did it and how. Many incidents happen with no outside witnesses. Photos, timelines, messages and 911 recordings can test the first account.
- The relationship. The DV designation depends on a relationship listed in § 13-3601(A).
- Diversion and repair. Some DV cases may be eligible for diversion, depending on the court, the charge and your history. See our DV diversion page. Paying for the damage does not end the case by itself, but it may matter in negotiations.
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
Yes, if someone else also has an interest in it. Under § 13-1601, "property of another" includes community property and other property you share with someone. A phone, TV or car you own jointly with a spouse can be the basis for a charge.
Section 13-1602 sets the class by the amount of damage. For graffiti, the law counts reasonable labor, material and equipment costs to repair it (§ 13-1602(C)). In other cases, the State often relies on estimates or receipts, and those numbers can be tested.
Yes, on a misdemeanor DV conviction. Section 13-3601.01(A) requires the judge to order a DV offender treatment program, and you pay for it.
In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). On a felony, the right to appointed counsel attaches. You can also hire your own lawyer at any point.
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. § 13-1602: Criminal damage; classification
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-1601: Definitions
- A.R.S. § 13-3601.01: Domestic violence; treatment; definition
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-603: Authorized disposition of offenders
- 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
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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