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Tempe
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DUI Penalties in Arizona Hit Hard.
We Fight to Reduce Them.
A first DUI in Arizona carries mandatory jail time, and the penalties climb from there. Our founder, Matthew Lopez, and our team fight to reduce those consequences and, where the facts allow, keep them off your record entirely. The sentence a prosecutor asks for is not the sentence a judge has to give.
Here is what surprises most people charged with domestic violence in Arizona: there is no crime called “domestic violence.” Under ARS 13-3601, domestic violence is a label that attaches to another offense, such as assault, disorderly conduct, or criminal damage, when the accused and the alleged victim share a qualifying relationship. That label changes everything. The same shove that would be a minor misdemeanor between strangers becomes a domestic violence conviction that costs you your firearm rights, requires a year of counseling, and follows you for life.
Arizona also requires police to make an arrest in many domestic violence calls, even when the alleged victim does not want charges filed. A neighbor’s noise complaint or a heated argument overheard through a wall can put an officer at your door, and once there, an arrest often follows regardless of what actually happened.
Matthew Lopez Law defends domestic violence charges across Arizona. Contact our firm for a confidential consultation.
A domestic violence charge in Arizona requires two things: a qualifying criminal offense and a qualifying relationship. Both must be present.
The qualifying relationship. Under ARS 13-3601(A), the DV designation applies when the victim and the accused:
The qualifying offense. ARS 13-3601 lists the specific crimes that can carry the DV label. Common ones include assault (ARS 13-1203), aggravated assault (ARS 13-1204), threatening or intimidating (ARS 13-1202), endangerment (ARS 13-1201), disorderly conduct (ARS 13-2904), criminal damage (ARS 13-1602), unlawful imprisonment and kidnapping (ARS 13-1303, 13-1304), harassment and stalking (ARS 13-2921, 13-2923), and preventing someone from using a phone to call for help.
Because the DV label attaches to an underlying offense, the classification tracks that offense, not the label. A violation of ARS 13-3601 is punished the same as the underlying crime.
|
Underlying Offense |
Typical Classification |
Maximum Jail or Prison |
|
Disorderly conduct, simple assault |
Class 1 misdemeanor |
Up to 6 months jail |
|
Criminal damage (lower value) |
Class 2 misdemeanor |
Up to 4 months jail |
|
Aggravated assault, strangulation |
Class 2-6 felony |
Prison, measured in years |
|
Sexual assault, kidnapping |
Class 2-4 felony |
Lengthy prison terms |
Most first-time domestic violence cases involve a Class 1 misdemeanor, usually assault or disorderly conduct, carrying up to six months in jail, up to three years of probation, fines, and mandatory domestic violence counseling.
A domestic violence conviction reaches far beyond jail:
Aggravated domestic violence. Under ARS 13-3601.02, a third domestic violence offense within 84 months becomes a Class 5 felony, even if the third offense would otherwise be a misdemeanor. A person with two prior DV convictions faces a minimum of four months in jail with no probation; with three priors, the minimum rises to eight months.
Pregnant victim. If the defendant commits a DV offense against a victim known to be pregnant, up to two years can be added to the sentence.
Child present. When the offense occurs in the presence of a child under 15 living in the household, penalties are enhanced. “In the presence of” includes a child who could see or hear the offense.
No qualifying relationship. Because the DV designation depends on a specific relationship, showing that no qualifying relationship exists can strip the DV label entirely.
Self-defense. Arizona law permits the use of reasonable force to defend yourself or others. Many DV cases involve mutual conflict where the person arrested was actually defending themselves.
False or exaggerated allegations. Domestic violence accusations frequently arise in divorce, custody disputes, and breakups, where one party has a motive to fabricate or exaggerate. Inconsistencies, lack of injury, and delayed reporting all matter.
Lack of intent. Most qualifying offenses require intentional, knowing, or reckless conduct. An accident, or contact without the required mental state, is a defense.
Insufficient evidence. Prosecutors often proceed even when the alleged victim recants or refuses to cooperate. The state still must prove every element beyond a reasonable doubt, and cases built on a single uncorroborated statement can be challenged.
Arizona does not offer expungement, but after completing all terms of a DV sentence, a person may petition to set the conviction aside under ARS 13-905. Note that a set aside does not restore federal firearm rights lost through a domestic violence conviction.
Domestic violence charges move fast, often beginning with a mandatory arrest and a release order that keeps you away from your home and family. Early defense work on the relationship element, the underlying offense, and the credibility of the allegations is essential to protecting your rights and your future.
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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