Family Member According to Arizona Law Ars 13-3601

ARS xiii-3601 is the Arizona statute that defines the law-breaking of domestic violence. The law applies when someone commits a certain crime specified under the statute and does and so when in a domestic relationship with the "victim" (for example, when married to the alleged victim or formerly married to the alleged victim). A violation of this law tin be charged as either a misdemeanor or felony and is punishable by years in jail or prison house.

The language of ARS 13-3601 sets along several criminal offenses that can lead to domestic violence charges (provided that the accused commits them while in a domestic relationship with the "victim"). Some of these include:

• aggravated assault, per ARS 13-1204,
• endangerment, per ARS 13-1201, and
• sexual attack, per ARS xiii-1406.

Defenses

Criminal defence lawyers draw upon several legal strategies to assist defendants contest domestic violence charges. Some of these include showing that a defendant:

• committed an act on blow,
• acted in self-defense force, and/or
• was falsely defendant.

Penalties

A violation of ARS xiii-3601 is punished in the aforementioned manner equally the underlying offense on which the domestic violence charge is based.

If, for instance, a defendant is convicted of sexually assaulting his ex-married woman, and then he faces a conviction for domestic violence sexual assault. This criminal offense is punishable by:

1. a Class ii felony accuse, and
2. custody in state prison house for upwardly to seven years.

These punishments are the same ones that a defendant would face for sexual assault alone.

In some circumstances, a domestic violence accuse may result in additional penalties, such as:

• boosted jail or prison fourth dimension,
• completion of a domestic violence offender treatment plan, and
• revocation of a person'due south right to own or possess a firearm.

In this commodity, our Phoenix Arizona criminal defense attorneys will talk over what the law is under this statute, defenses bachelor if charged, the penalties for a conviction, and related crimes.

ARS 13-3601 is the Arizona statute that defines the offense of domestic violence. A violation of this law can be charged as either a misdemeanor or felony and is punishable by years in jail or prison.

i. How does Arizona law define "domestic violence"?

Under Arizona police force, people are guilty of a domestic violence crime if:

1. they commit a crime that is listed within ARS 13-3601, and
2. practise so while in a "domestic relationship" with the alleged victim.ⁱ

Arizona's domestic violence law lists several crimes that may trigger a charge under this statute. Some of these include:

• aggravated assault, per ARS 13-1204,
• elder abuse, per ARS thirteen-3623,
• endangerment, per ARS thirteen-1201,
• sexual assault, per ARS 13-1406,
• hell-raising behave, per ARS thirteen-2904,
• unlawful imprisonment, per ARS 13-1303,
• criminal trespass, per ARS thirteen-1504,
• child abuse or vulnerable adult abuse, per ARS 13-3623,
• custodial interference, per ARS xiii-1302,
• commencement-caste murder, per ARS 13-1105,
• negligent homicide, per ARS thirteen-1102, and
• aggravated harassment, per ARS 13-2921.01.ⁱⁱ

Annotation that, for purposes of domestic violence cases, in that location is a "domestic relationship" in the following type of relationships:

• current or old spouses,
• persons who share or shared in the aforementioned household,
• persons who take a child together,
• the victim is related to the accused or the defendant's spouse by blood or court society as a parent, grandparent, child, grandchild, brother, or sister or past marriage every bit a parent-in-police, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sis-in-constabulary,
• the victim is a child who resides or has resided in the same household as the defendant and is related past blood to a former spouse of the defendant or to a person who resides or who has resided in the same household equally the defendant, or
• a relationship between the victim and the accused that currently, or was previously, a romantic or sexual relationship.ⁱⁱⁱ

Notation that domestic violence offenses in Arizona are treated as dangerous crimes. For example, a peace officer, with or without warrant, can abort a person of this criminal offense if:

1. the police force enforcement agent has probable cause to believe that domestic violence occurred, and
2. the police officer has probable cause to believe that the person to be arrested has committed the offense.^iv

This is true whether the offense is a felony or a misdemeanor and whether the law-breaking was committed within or without the presence of the officer.^five

The above also holds truthful in cases where the officer believes someone committed an human activity of domestic violence by inflicting physical injury or by threatening with a mortiferous weapon.^{half dozen}

ii. Are there defenses to ARS 13-3601 charges?

People facing criminal charges under this statute have the right to challenge them with a legal defense. Iii common defenses include defendant people showing that they:

1. committed an act on accident.
2. acted in cocky-defense, or
3. were falsely accused.

2.one Accident

Many of the crimes listed within ARS xiii-3601 say that people are merely guilty of an criminal offence if they acted intentionally, knowingly, or with some other purpose. For example, a person commits an assault merely if he knowingly touched someone or intentionally injured someone. This means information technology is always a defense in domestic violence cases for a defendant to show that he/she committed an deed on accident, or without another purpose. Perchance, a husband struck a wife because of some mishap rather than an intentional act.

2.2 Self-defence

An accused tin can claiming a domestic abuse or domestic violence charge by showing that he/she committed some domestic violence crime out of self-defense. Defendants can raise this defense provided that the force they used in defending themselves was reasonable under the circumstances.

2.3 Falsely accused

Unfortunately, people often falsely accuse others of domestic violence crimes. For example, they may falsify charges to aid in a kid custody dispute or out of revenge for certain family unit members. No matter the reasons, though, defendants can challenge charges under this statute by saying they were unjustly blamed.

A conviction under this law can issue in a jail sentence.

iii. What are the penalties?

A domestic violence conviction carries the same penalties as the underlying offense on which the domestic violence accuse is based.

Consider, for example, the crime of hell-raising conduct nether ARS 13-2904. The offense is a Class 1 misdemeanor punishable by up to six months in jail.

If a person commits the offense and he/she is in a domestic relationship with the victim, and then he/she will be charged with domestic violence disorderly conduct. The criminal offense is punished in the same manner as with disorderly conduct – a Class 1 misdemeanor accuse and the potential of custody in jail for up to 6 months.

Note, though, that in that location are certain cases in which an act of domestic violence will lead to farther penalties. Depending on the facts of the case, a domestic violence criminal offense can atomic number 82 to:

• longer fourth dimension in jail or state prison,
• the mandatory completion of a domestic violence offender treatment program, and/or
• revocation of a person'southward right to own, possess, or purchase a firearm.

In add-on, victims of domestic violence can seek a protective order, or social club of protection, confronting the perpetrator to effort and end any sexual and domestic violence.

four. Are there related offenses?

There are three crimes related to acts of domestic violence. These are:

• aggravated assault – ARS-13-1204,
• threatening or intimidating – ARS 13-1202, and
• child abuse – ARS 13-3623.

4.1 Aggravated assault – ARS thirteen-1204

ARS 13-1204 is the Arizona statute that defines the crime of aggravated assault. A person commits this offense if:

1. he/she assaults another person, and
2. does so past ways of sure aggravating factors (such as assaulting someone and causing serious concrete injury).

As stated above, aggravated attack is listed within ARS xiii-3601 and could give rise to a domestic violence criminal offence.

4.2 Threatening or intimidating – ARS 13-1202

Under ARS 13-1202, threatening and intimidating is an crime where someone either:

1. threatens to physically injure someone,
2. threatens to cause a serious public inconvenience (such as the evacuation of a building), or
3. threatens to injure another person to promote a street gang, a criminal syndicate, or a racketeering enterprise.

Unlike with acts of domestic violence, threats that violate this statute are ever charged as Class ane misdemeanors.

iv.iii Kid abuse – ARS 13-3623

Per ARS 13-3623, child abuse is when a person:

1. causes a child to suffer physical injury,
2. allows a child to exist injured, or
3. allows a child to exist placed in a state of affairs that endangers the child's health or well-being.

Unlike with domestic violence, child abuse does non require that the offender and "victim" exist involved a certain relationship. Any person tin be plant guilty of child abuse.

For additional help…

Contact us for help

For boosted guidance or to discuss your instance with a criminal defense lawyer, we invite you lot to contact our law firm at the Shouse Law Group. Our attorneys provide both gratis consultations and legal advice yous can trust.

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Source: https://www.shouselaw.com/az/defense/laws/domestic-violence/#:~:text=ARS%2013%2D3601%20is%20the,married%20to%20the%20alleged%20victim).

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