Earlier this year, the Arizona Senate passed bills which expand the types of crimes that are considered domestic violence. This means that previous actions may now be illegal and could count as the first strike in a domestic charge case.

These intensified policies mean prosecutors are increasingly motivated to punish those defending domestic violence accusations. Here’s what you need to know about Arizona’s current increased domestic violence laws.

Current Domestic Violence Law

Domestic abuse is not always physical. Domestic violence can also be sexual, emotional or mental in nature. There are 29 categories of offenses, which range from endangerment (class one misdemeanor) to violence with a weapon (class six felony).

Currently, Arizona law does not recognize first offense domestic violence as a separate crime. Instead, the charge of aggravated domestic violence may be applied for those who repeat certain offenses. Penalties are dependent upon crime severity and the victim’s age.

According to the Arizona Judicial Branch’s domestic violence information, Arizona law currently includes a variety of crimes, which when combined with a relationship such as familial, sexual or romantic, may equal domestic violence. Domestic violence may include actions in the following crime categories:

• Murder, manslaughter, homicide

• Assault, aggravated assault, sexual assault, harassment, aggravated harassment, aggravated domestic violence, endangerment

• Child or vulnerable adult abuse, dangerous crimes against children

• Neglect, abandonment or cruelty to animals

• Kidnapping, unlawful imprisonment

• Stalking, threats, and intimidation

• Preventing use of a telephone during an emergency, telephone harassment

• Surreptitious photographing, unlawful distribution of images

• Custodial interference

• Criminal damage, criminal trespass

• Disobeying a court order, disorderly conduct

Recent Domestic Violence Law Changes

New legislation has no impact on additional penalties for first-time offenses. However, it has grown to include more types of crime which could potentially trigger the two-strike rule. Here are the recent changes which may impact the proceedings of any aggravated domestic violence case.

Murder is separated into two categories: first-degree murder (with premeditation) and second-degree murder (without premeditation). Both involve the death of another, the difference is in the presence or absence of premeditation. First degree murder is a class one felony punishable by death of life imprisonment. Second degree murder can entail up to 22 years in prison.

Manslaughter is a class two felony which involves causing the direct or indirect death of another person, as pertains to a set of qualifiers set into Arizona state legislature 13-1103. For manslaughter to fall under the domestic violence category, these actions must be directed toward a domestic partner or family member.

Sexual assault is a class two felony defined as intentionally or knowingly engaging in sexual intercourse or oral sexual conduct without consent, according to Arizona state legislature 13-1406. For a first-time offense, the maximum sentence if convicted is 14 years. However, for a second offense, it is 21 years and more than two it is 28 years.

Animal cruelty has been made a class 5 felony. It involves the cruel mistreatment or killing of a pet. This also applied to killing another person’s pet, such as those of a domestic partner or family member. According to an Arizona Capitol Times article, the heightened legislation around animal cruelty is due to the idea that for many abusers, animals may be indicative of a starting trend.

Preventing someone from using a telephone during an emergency is a new addition to Arizona law. It outlines that preventing or obstructing someone from reaching or using the telephone during an emergency is a crime. As such, it can count as a first-strike.

Choking of a family member or domestic partner is now classified as aggravated assault. Aggravated assault is a class four felony with possible two and a half years of prison time attached.  

These crimes must be committed a partner or family member for domestic violence laws to apply. These recent law changes mean that if sexual assault, animal cruelty, manslaughter, murder or preventing the use of telephone in an emergency situation have happened in the past, then they could count as a first strike, making another instance the second-strike and therefore punishable by domestic violence law.

Get the Domestic Violence Help You Deserve

Domestic abuse charges are aggressively prosecuted in Arizona, with courts still proceeding to press charges even if the victim does not want to press charges. Only the district attorney has the power to drop charges once they are filed.

As a result of these new domestic violence law changes and the inability to drop charges after filing, it is even more important that alleged domestic violence offenders seek legal counsel. Criminal defense attorneys at Jackson White Law are knowledgeable, experienced and ready to do everything in their power to get your charges reduced or dismissed.