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Tempe
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Domestic Violence Conviction Looming?
The Sentence Isn't Decided Yet.
A domestic violence conviction in Arizona means jail time, court-ordered counseling, and a permanent loss of your right to own a firearm, and the penalties rise sharply with each added charge. Our founder, Matthew Lopez, fights to reduce or dismiss these charges before they become a sentence you cannot undo. What you do today decides how much you stand to lose.
Domestic violence sentencing in Arizona works differently from most crimes. Because domestic violence is a designation attached to another offense under ARS 13-3601 rather than a standalone crime, the base penalty comes from whatever the underlying offense is, an assault, a disorderly conduct, a criminal damage. Then the domestic violence label adds its own layer: mandatory counseling, a firearm ban, protective orders, and an escalating repeat-offense structure that can turn a third minor incident into a felony.
This page lays out how domestic violence penalties actually work in Arizona, from a first misdemeanor through aggravated domestic violence, including the consequences that never show up in the sentencing minimums but affect your life just as much.
Matthew Lopez Law defends domestic violence charges at every level across Arizona. Contact our firm for a confidential consultation.
The first thing to understand: a domestic violence conviction is punished the same as the underlying crime it is attached to. The DV label does not change the class of the offense, but it does add mandatory conditions.
| Underlying Offense | Class | Maximum Base Penalty |
| Disorderly conduct, simple assault | Class 1 misdemeanor | 6 months jail, $2,500 fine plus 84% surcharge |
| Assault (touching) | Class 3 misdemeanor | 30 days jail |
| Criminal damage (under $250) | Class 2 misdemeanor | 4 months jail |
| Aggravated assault | Class 2-6 felony | Up to 12.5+ years prison |
| Strangulation (aggravated assault) | Class 4 felony | Presumptive 2.5 years prison |
| Kidnapping | Class 2 felony | Up to 12.5+ years prison |
Regardless of the underlying offense, a domestic violence conviction carries requirements that ordinary versions of the same crime do not:
Arizona counts domestic violence priors over a rolling 84-month (seven-year) window, and the penalties climb sharply with each one.
First offense. Typically a Class 1 misdemeanor. Up to six months jail, but often resolved with probation and counseling for a first-time offender.
Second offense within 84 months. Under ARS 13-3601.01(B), the court may impose supervised probation with jail as a condition, along with an intake assessment and discharge summary. Employed defendants or students may be allowed work or school release up to 12 hours per day, five days per week, with the balance served in jail.
Third offense within 84 months. This is where a misdemeanor becomes a felony. Under ARS 13-3601.02, a third DV offense in seven years is aggravated domestic violence, a Class 5 felony, even if the third act would otherwise be a minor misdemeanor.
Aggravated domestic violence under ARS 13-3601.02 is a Class 5 felony. The sentencing depends on prior felony history:
| Felony History | Sentencing Range | Mandatory Minimum |
| First felony (aggravated DV) | 0.75 to 2.5 years prison (1.5 presumptive) | 4 months jail before any probation (with 2 DV priors) |
| One prior felony | 1 to 3.75 years prison | Enhanced |
| Two prior felonies | 3 to 7.5 years prison | Enhanced |
| Three or more DV priors in 84 months | Class 5 range | 8 months jail before any release |
A person with two prior DV convictions in the window is ineligible for probation, pardon, or suspension of sentence until serving at least four months in jail. With three or more priors, that minimum rises to eight months.
Pregnant victim. If the defendant committed a DV offense against a victim known to be pregnant, up to two years can be added to the sentence.
Offense in the presence of a child. When the offense occurs where a child under 15 can see or hear it, penalties are enhanced.
Beyond the criminal sentence, a domestic violence finding carries a family law penalty that can matter more than jail. Under ARS 25-403.03, a finding of domestic violence creates a rebuttable presumption against awarding custody or joint legal decision-making to the person who committed the violence.
Critically, the family court can act on a DV finding even without a criminal conviction, and it uses a lower standard of proof than the criminal court. A DV allegation can therefore reshape a custody case regardless of the criminal outcome.
Arizona does not offer expungement, but after completing all sentence terms, a person may petition to set the conviction aside under ARS 13-905. A set aside dismisses the charge and notes the completion on background checks, but it does not restore firearm rights lost through the DV conviction.
The penalty grid only applies once the state proves the case and the priors. Defense works at every level:
Arizona domestic violence sentencing is layered, with the underlying offense, the mandatory DV conditions, the repeat-offense escalation, and the custody consequences all in play at once. Early defense work on the priors, the relationship element, and the underlying charge is what keeps a case from climbing the escalation ladder.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.
Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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