Aggravated Domestic Violence

Under A.R.S. § 13-3601.02, a person commits aggravated domestic violence by committing a third or subsequent domestic violence offense within a period of 84 months (seven years). This elevation applies even if the underlying offenses were misdemeanors — a third qualifying conviction within the statutory period automatically becomes a felony.

Penalties

Aggravated domestic violence is a Class 5 felony. Penalties include:

• Presumptive sentence of 1.5 years for a first-time felony offender, with a range of 0.5 to 2.5 years in prison
• A person with two prior domestic violence convictions must serve at least four months in prison before eligibility for probation, pardon, or suspension of sentence
• A person with three or more prior domestic violence convictions must serve at least eight months before eligibility
• Mandatory domestic violence offender treatment
• Loss of firearm rights

Defenses

Defenses include challenging the validity or existence of the prior domestic violence convictions, arguing that a prior conviction falls outside the 84-month window, and raising all available defenses to the underlying offense. Because the prior convictions drive the felony classification, careful examination of the record is essential.