A.R.S. § 13-3601.02: Aggravated Domestic Violence
Aggravated domestic violence; classification; definition
What makes domestic violence "aggravated" in Arizona?
In Arizona, domestic violence becomes aggravated domestic violence, a class 5 felony, when a person commits a third or subsequent domestic violence offense within eighty-four months. A conviction after two prior offenses within that period carries a mandatory minimum of four months in jail, rising to a mandatory minimum of eight months after three or more prior offenses.
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Full statute text
Official text last checked against azleg.gov:
13-3601.02. Aggravated domestic violence; classification; definition
A. A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a violation of a domestic violence offense and has previously been convicted of any combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.
B. A person who is convicted under this section and who within a period of eighty-four months has been convicted of two prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in jail.
C. A person who is convicted under this section and who within a period of eighty-four months has been convicted of three or more prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in jail.
D. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision in subsection A of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.
E. For the purposes of this section, prior convictions for misdemeanor domestic violence offenses apply only to convictions for offenses that were committed on or after January 1, 1999.
F. Aggravated domestic violence is a class 5 felony.
G. For the purposes of this section, "domestic violence offense" means an offense involving domestic violence as defined in section 13-3601.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.