Learn about what constitutes Domestic Assault and Aggravated Assault in the state of Arizona.

According to the Bureau of Justice annual surveys, only 43% of violent crimes in the U.S. are reported to the police. Violent crimes include homicide, rape, robbery, and assault. In some states, domestic violence is also considered a violent crime.

What is Domestic Violence in Arizona?

Domestic violence is the intimidation, physical assault, battery, sexual assault, or other form of abuse for control used by one intimate partner against another. It includes physical violence, sexual violence, threats, or emotional abuse.

Arizona law defines domestic violence as the:

• physical assault, such as hitting or kicking;
• threatening words or conduct;
• intimidation;
• harassment or stalking by phone and in-person;
• stalking;
• photographing, videotaping, recording, or watching you without your consent:
• unlawful distribution of nude or sexual images of you or your child
• endangerment;
• unlawful imprisonment or kidnapping;
• trespassing;
• criminal damages;
• disobedience of a court’s order;
• custodial interference;
• negligent homicide, murder, or manslaughter
• abandonment, mistreating an animal, or neglect;
• interfering with or preventing the use of a telephone in an emergency;
• abuse to a vulnerable adult or child;
• certain crimes against children; or
• disorderly conduct, such as fighting, reckless display of a dangerous instrument, discharge of a deadly weapon, or abusive language. [1]

How common is Domestic Violence?

• Domestic violence accounts for 15% of all violent crime in the United States.
• 1 in 3 women and 1 out of 4 men is a victim of physical violence by an intimate partner during their lifetimes.
• 36.5% of Arizona women and 27.1% of Arizona men experience intimate partner physical violence, intimate partner sexual violence, and intimate partner stalking. [3]
• A 2017 Centers for Disease Control and Prevention study estimated that almost 40% of people in Arizona had been subject to domestic abuse.

Penalties for Domestic Violence in Arizona

In Arizona, first- and second-time domestic violence offenders are not charged with domestic violence; only the third incident is charged as domestic violence. First and second offenders are charged with misdemeanor offenses that then have ‘domestic violence flags’ attached.

You can be charged with felony if you are found guilty of misdemeanor domestic violence for the third time in a seven-year period and sentenced to prison time. Aggravated domestic violence is considered a Class 5 felony and carries up to 2 ½ years in prison for a first conviction.

Legal Protections for Victims of Domestic Violence

Legal remedies and legal protections available for victims of domestic violence in Arizona:

• Address Confidentiality Program: Victims can get a legal substitute address to use in place of their physical address. First-class mail can be forwarded from the substitute address to the victim's real address.
• Protective Order: A Victim of domestic violence can apply for protection from abuse orders.
• Civil lawsuit: The victim can file a civil lawsuit to recover damages such as medical bills or pain and suffering damages.
• Custody/child or spousal support order: These may be modified to prevent any further incidence of violence between spouses, children, or other persons [5]

A person can be charged with both Domestic Violence and Aggravated Assault if they commit an aggravated assault in a domestic situation. Suppose an argument occurs in a home, and one person causes severe physical injury with a deadly weapon against someone with whom they have a familial relationship. In that case, they can be charged with a domestic violence crime and an aggravated assault crime.

What is Aggravated Assault in Arizona?

Aggravated assault means the accused is alleged to have produced a deadly weapon or caused a severe bodily injury in committing an assault.

In Arizona, aggravated assault is said to occur if a person:

• Caused serious physical injury to another
• Used a deadly weapon or object as a weapon
• Committed assault using any force that caused temporary but substantial disfigurement, loss or impairment of a bodily organ or body part, or fractures of a body part
• Committed assault while a victim is bound, physically restrained, or while the victim’s capacity to resist the assault is substantially impaired
• Committed assault after entering the private residence of another with the intent to commit assault
• Is 18 years of age or older, and they commit assault on a child who is under the age of 15
• Committed a simple or misdemeanor assault while violating a valid order of protection or restraining order
• Gained control or attempt to gain control of a police officer’s firearm or other weapons
• Committed assault against a police officer, firefighter, emergency paramedic, teacher, school employee, or licensed health care professional, public defender or criminal prosecutor.

Penalties for Aggravated Assault in Arizona

In Arizona, an aggravated assault charge is a felony. The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial.

Under Arizona Code § 13-1204, a person convicted of an aggravated assault shall be punished by:

• Two to twenty-one years in prison
• Probation up to twenty years
• A fine of up to $150,000 plus restitution and court fees

In addition to the above, a felony assault conviction prevents an individual from voting, serving on a jury, or owning a firearm. Because it is a charge on your permanent record, it can prevent you from obtaining employment, being accepted to a higher learning institute, or securing housing.

What is the difference between Domestic Violence and Aggravated Assault?

Domestic violence is any event that causes physical injury or the fear of bodily injury between people who have a familial or marital relationship. A person commits aggravated assault when they intentionally cause severe physical harm to another person.

The difference between aggravated assault and domestic violence is that there does not have to be physical injury to be charged with domestic violence. The fear of bodily injury is enough for a domestic violence charge. However, an assault charge requires severe physical harm to have taken place. 

The significant difference between aggravated assault and domestic violence is that an aggravated assault charge is always a felony charge, while a domestic violence charge is a misdemeanor. [7]

Aggravated Assault and Domestic Violence cases are often complex and can depend on witnesses’ testimonies at the scene, expert witnesses, or a reenactment of the events. An experienced Arizona criminal law attorney can provide the services necessary to protect a victim’s legal rights. If you have been charged with one of these crimes, you should consult an Arizona criminal defense attorney with the expertise and knowledge to provide a strong defense.