Domestic Violence Charges in Arizona

Arizona does not have a separate domestic assault crime. Domestic violence is a label attached to listed crimes, such as assault, aggravated assault, threats, criminal trespass, criminal damage, harassment and stalking, when the victim is a spouse or former spouse, a current or former household member, a person who shares a child with the defendant, a relative, or a current or former romantic or sexual partner; the charge carries the class set by the underlying crime and is marked 'DV'. A third or later domestic violence offense within eighty-four months is aggravated domestic violence, a class 5 felony, with minimum jail of four months (two prior convictions) or eight months (three or more priors). Choking or smothering a domestic violence victim (impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose and mouth) is aggravated assault, a class 4 felony. Police must arrest when domestic violence involves physical injury or a deadly weapon, with limited exceptions.

Arizona's rule on court-appointed lawyers: County public defenders, on court order, represent a person who is entitled to counsel as a matter of law and who is not financially able to employ counsel, in offenses triable in superior court or justice court and other listed proceedings. Representation by the public defender or court-appointed counsel is provided without expense to the defendant, and the court may not impose an indigent administrative assessment or order reimbursement to the county for legal services. A.R.S. § 11-584

Lawyers set their own fees, and Arizona has rules on how they may charge. See hiring a criminal defense lawyer in Arizona for fee rules, how to check a lawyer's license and free help.

How release before trial works in Arizona: All persons charged with crime are bailable except: for capital offenses, sexual assault, or sexual conduct with or molestation of a child under fifteen, when the proof is evident or the presumption great; for felonies committed while on bail for a separate felony; for felonies where the person poses a threat to others or the community and no release conditions can adequately assure safety; and for serious felonies by a person who entered or remained in the United States illegally. Bail and release conditions are meant to assure appearance, protect against witness intimidation, and protect the victim and community. At the initial appearance, a judicial officer orders a person charged with a bailable offense released pending trial on his or her own recognizance or on bail. The officer considers factors including the victim's views, the nature of the offense, prior serious or violent offenses, danger to the community, the weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, record and history of court appearances. Conditions can include supervision by a designated person, travel or contact restrictions, a cash deposit, weapons/alcohol/drug bans and reporting; electronic monitoring and no-contact orders are mandatory for certain sexual and domestic-violence felonies. Ariz. Const. art. 2, § 22; A.R.S. § 13-3967 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Arizona expungement and record sealing rules.