Domestic Violence – Why Two Charges?

Phoenix Domestic Violence Law: Why am I being charged twice?

In Arizona, “Domestic Violence” is not itself a criminal offense.  Rather, it is a designation that is applied to limited existing criminal offenses such as assault, disorderly conduct and interfering with judicial proceedings.  An offense qualifies for a domestic violence designation when the relationship between the person accused and the alleged victim meets one or more of the requirements set forth in Arizona Revised Statute 13-3601, including:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

If a person is convicted of an offense which has been designated a Domestic Violence crime, there are potential additional penalties and collateral consequences that may imposed.  Moreover, if a person is convicted or commits three or more domestic violence offenses within 84 months, the offense can be charged as felony Aggravated Domestic Violence, even if the offense would otherwise only be a misdemeanor.

The most common domestic violence offenses prosecuted in Arizona are:

• Assault
• Disorderly Conduct
• Interfering with Judicial Proceedings
• Violation of a restraining order
• Trespassing
• Aggravated Assault
• Kidnapping
• Threatening and Intimidating
• Criminal Damage
• Attempted Murder
• Murder

Experienced Domestic Violence Defense Attorney

Joshua S. Davidson is a former domestic violence prosecutor who knows how to maximize your chances of avoiding the stiff penalties that can be imposed in a domestic violence case.  If you or a loved one has been arrested or charged with any domestic violence offense, call today and see how we can help.

Don’t delay contacting a domestic violence defense attorney!  In many domestic violence cases, recordings of 911 calls and police radio transmissions are critical to the defense. Because these items are typically destroyed by the Police Department unless properly requested, they can be lost forever. With many domestic violence cases hinging on the credibility of the alleged victim, these recordings are often the most valuable piece of evidence you can have.