- Damien Miller
Domestic violence charges in Arizona
How is it domestic violence if I’m not romantically involved with the person?
Under Arizona law, domestic violence is not limited to romantic partners such as a wife, girlfriend, husband, boyfriend or fiancée. In Arizona, a roommate, family member or someone you have a child in common with, all qualify as the types of relationship that fall under the domestic violence category.
Why is it domestic violence if I did not hit my partner/the victim?
In Arizona, domestic violence is a designation that gets added to an underlying crime. Common non-contact domestic violence offenses include disorderly conduct, and criminal damage. Disorderly conduct is an action that disturbs the peace or quiet of another person. This means that you can be charged with disorderly conduct – domestic violence for yelling or shouting at the victim.
Criminal damage – domestic violence is a crime that occurs where the property of another person is damaged or destroyed. Therefore, if you are in an argument with your partner, spouse, roommate or family member and you throw something and damage the property of the other person, you may be charged with criminal damage – domestic violence. For husbands and wives, this means that you be charged with criminal damage DV when you damage your own property. This is because marital property is community property, so 50% of the property belongs to your spouse, thus damaging your property is also damaging the property of your spouse.
What if the victim wants to drop the charges?
While this can help your case, it does not lead to automatic dismissal. The prosecutor/state decides whether or not charges will be pursued or dropped. If the victim does not want to pursue prosecution, you should contact a criminal defense attorney for assistance.
Is domestic violence a misdemeanor or a felony?
This depends on the underlying charge and/or the number of prior domestic violence convictions you have. Acts such as shouting, scratching, pushing or damaging property are most often misdemeanors. However, restricting someone’s breathing, using a deadly weapon, causing serious injury are generally felony offenses. Also, your third domestic violence offense within 7 years can be charged as a felony.
What happens if I get convicted of a domestic violence offense?
What most people are concerned about is a conviction for domestic violence being on their record. If you are convicted of a domestic violence offense, future employers or landlords can find this conviction in your background check. Furthermore, you will lose your federal right to bear arms or ammunition.
Call now for assistance with domestic violence defense.