A.R.S. §13-3601(A) details the Domestic Violence (DV) eligible crimes in Arizona. Obviously, not every crime is a DV eligible offense. And not every defendant-victim relationship is domestic. Rather, the DV designation depends on two things: (1) the status of the defendant and victim’s relationship; and (2) whether the conduct falls into a specified category of crimes, discussed below.
Crimes Charged by Domestic Violence
First and Second-Degree Murder, Manslaughter, and Negligent Homicide
First and Second-Degree Murder, along with Manslaughter and Negligent Homicide are DV eligible offenses. Really, this should come as no surprise. Indeed, at least one-half of the nation’s homicides are domestic in nature, but not limited to romantic partners. Rather, child abuse is a horrible reality and results in many deaths per year. Moreover, greed and money can turn family dynamics south very quickly resulting in violence.
Endangerment, Assault, Kidnapping Offenses as Domestic Violence crimes
Additional crimes the State may designate as DV offenses include Endangerment, Threatening or Intimidating, Assault, and Aggravated Assault. All these offenses have an element of violence to them. Specifically, either by placing the victim in a certain circumstance or by threatening to cause some type of harm.
Also, Custodial Interference, Unlawful Imprisonment, and Kidnapping are DV eligible crimes. Restraining movement or taking without a legal right are necessary elements to these crimes. Obviously restraining someone’s movement is a controlling behavior pattern often found in DV cases. Also, custodial interference issues occur frequently between estranged couples with children in common.
Sex Offenses and Dangerous Crimes Against Children
The DV designation applies to certain sex crimes. This includes Sexual Assault and Unlawful Disclosure of Images Depicting States of Nudity or Specific Sexual Activities. Indeed, there are a number of spouse on spouse or relationship “rapes” that occur in America. Moreover, it is common for people to release “revenge porn” type photos and/or videos as retaliation of some sort. The Arizona legislature is cognizant of these issues and has criminalized this behavior with a potential DV designation.
In addition, Dangerous Crimes Against Children (DCAC) per A.R.S. §13-705 are DV eligible offenses. These are generally child sex and abuse crimes that often involve adult or older family members as perpetrators.
Property Offenses, Disorderly Conduct, Harassment and Child/Vulnerable Adult Abuse
Criminal trespass and criminal damage charges are also subject to a DV designation. The reasoning to include these as DV offenses is clear. Family violence often includes breaking joint property or violating boundaries. As such, these offenses are subject to a DV designation.
In addition, Disorderly Conduct and Interfering with Judicial Proceedings are also subject to the DV designation. Indeed, Disorderly Conduct is typically inherent in several domestic violence offenses, so its inclusion is not a surprise. Moreover, Interfering with JP scenarios typically include a person violating an order of protection in place. Parties leaving abusive domestic relationships often obtain an order of protection in the process.
Additional offenses subject to DV designation are use of an electronic communication to terrify, Harassment, Aggravated Harassment, and Stalking. Moreover, both Child Abuse and Vulnerable Adult Abuse may designate as DV offenses.
A domestic relationship between the defendant and victim is a precursor to the designation. The DV designation creates additional consequences for a conviction and could seriously impact a person’s life. A person prosecuted for any domestic violence eligible crimes should consult with an experienced attorney. Call Huss Law today for a Free Consultation!Categories:: Domestic Violence