If you have been accused of domestic violence, then you are likely wondering how to move forward. Arizona Revised Statutes (ARS) 13-3601 defines this crime. While it can be confusing to determine exactly what charges you are facing, our attorneys are here to help.
Key facts about ARS 13-3601:
Relationship Between the Victim and the Defendant
The difference between domestic violence charges and other charges is the relationship between the defendant and the alleged victim.
ARS 13-3601 states that domestic violence charges can apply if one of the following types of relationships existed:
- Current or previous marriage
- Residing or having resided in the same household (roommates)
- A child in common
- Related by blood or court order (including in-laws and step-family)
- A child of the defendant residing in the same household as the alleged victim
- Current or previous romantic or sexual relationship
In determining if there is/was a romantic or sexual relationship, the court will consider three factors. These are the type and length of the relationship, the frequency of interaction between the parties, and if/when the relationship was terminated.
Types of Crimes
Crimes that may be domestic violence include:
- Sexual assault of a minor (ARS 13-705)
- Negligent homicide (ARS 13-1102)
- Manslaughter (ARS 13-1103)
- First-degree or second-degree murder (ARS 13-1104 and 13-1105)
- Endangerment (ARS 13-1201)
- Threatening or intimidating (ARS 13-1202)
- Assault or aggravated assault (ARS 13-1203 and 13-1204)
- Custodial interference (ARS 13-1302)
- Unlawful imprisonment (ARS 13-1303)
- Kidnapping (ARS 13-1304)
- Sexual assault (ARS 13-1406)
- Unlawful distribution of images (ARS 13-1425)
- First-degree, second-degree, or third-degree criminal trespass (ARS 13-1502, 13-1503, and 13-1504)
- Criminal damage (vandalism) (ARS 13-1602)
- Interfering with judicial proceedings (ARS 13-2810)
- Certain types of disorderly conduct (ARS 13-2904 (A) (1), (2), (3), or (6))
- Certain types of cruelty to animals (ARS 13-2910 (A) (8) or (9))
- Preventing or interfering with the use of a phone in an emergency (ARS 13-2915 (A) (3))
- Electronic communication used to threaten, harass, terrify, or intimidate (ARS 13-2916)
- Harassment or aggravated harassment (ARS 13-2921 and 13-2921.01)
- Stalking (ARS 13-2923)
- Surreptitious recording (ARS 13-3019)
- Child or vulnerable adult abuse (ARS 13-3623)
How Charges Under ARS 13-3601 are Different
In order for you to be charged with domestic violence under ARS 13-3601, your relationship with the alleged victim must fit what the law defines. Once it has been established that you are going to be charged with domestic violence, the charges will then be classified based on the type of offense committed. This is determined by using the standard laws that apply to your case. For example, committing assault on a spouse results in a charge of domestic violence under ARS 13-3601, not an assault charge under ARS 13-1203.
While a domestic violence charge essentially replaces the assault charge, that original statute is important as it defines whether the charge a misdemeanor or felony and what classification this charge will fall under. Further complicating this, the court will also need to consider whether or not all the factors from this statute apply in order to convict you of domestic violence.
Although the crime is classified the same whether it is domestic violence or not, the consequences are often more severe in domestic violence cases. It can impact your custody, job opportunities, and right to own a firearm.
Another difference between offenses involving domestic violence and other types of crimes is that a peace officer does not need a warrant to arrest an individual if the officer has probable cause to believe that they committed an offense under ARS 13-3601. If there is a firearm on the premises, the officer may also seize this firearm if it was in plain view, found after there was consent to search, or if they believe any individual in the house is at risk of death or serious injury due to its presence.
Are You Facing Domestic Violence Charges?
Since domestic violence can include so many different situations, it can be challenging to determine your next steps. DUI Defense Team can help. We will make sure you understand the factors that impact your case and we will help you achieve the best possible outcome.
