Aggravated Domestic Violence Charges in Arizona and the 84-Month Lookback Rule
A domestic violence charge in Arizona can escalate quickly when the State alleges prior domestic violence convictions. Many people expect a new allegation to stand on its own. Arizona law allows prosecutors to file aggravated domestic violence charges when prior domestic violence convictions fall within an 84-month window. That charge level can raise the stakes on sentencing and plea leverage, even when the new incident involved no serious physical injury.
A recent Arizona Court of Appeals decision addressed how this lookback rule works and what the State must prove to elevate a case. The takeaway is practical. Dates, certified records, and how prior convictions are counted can decide whether the charge remains a misdemeanor domestic violence allegation or becomes aggravated domestic violence.
Arizona Aggravated Domestic Violence Charges
Aggravated domestic violence is a felony offense under Arizona law. The charge generally applies when a person commits a domestic violence offense and has two or more prior domestic violence convictions within the past 84 months. Prosecutors often use this charge when the underlying allegation involves assault, disorderly conduct, threatening or intimidating, criminal damage, or harassment, and the relationship qualifies as domestic violence under the statute.
The aggravated label does not mean the alleged conduct involved extreme violence. The word “aggravated” in this context often refers to repeat domestic violence convictions within a defined time period. That structure is one reason many people feel blindsided when a new argument turns a case into a felony based largely on a record history.
Arizona Domestic Violence 84-Month Lookback
The 84-month lookback is a time window used to count qualifying prior domestic violence convictions. Courts and prosecutors focus on whether the prior convictions occurred within 84 months of the new offense date. Small details matter, including the exact conviction dates, how the prior cases were labeled, and whether the prior convictions were truly domestic violence convictions under Arizona law.
Lookback calculations can create disputes when a prior case involved a plea to a non-domestic count, when the record is incomplete, or when the relationship element was never established clearly. The State typically relies on certified court records to show prior convictions and the domestic violence designation.
Prior Domestic Violence Convictions Proof Requirements
Aggravated domestic violence requires proof of prior qualifying domestic violence convictions. Prosecutors usually present certified judgments, minute entries, or other official records. The defense review should focus on whether those records establish what the State claims they establish.
Issues commonly arise in three areas. One area involves mislabeling, where a prior case is treated as domestic violence without the necessary designation. Another area involves proof gaps: a record exists, but it does not clearly show the domestic violence finding or the qualifying relationship. A third area involves counting errors, where multiple counts from a single case are treated as separate prior convictions, or where the timing falls outside the lookback period.
These details can change charge level, sentencing exposure, and bargaining power.
Multiple Domestic Violence Counts From One Incident
Aggravated domestic violence litigation sometimes turns on how prior convictions are counted when they arise from the same incident or the same case file. Prosecutors may argue that separate counts and separate convictions qualify as separate prior domestic violence convictions. Defense arguments often focus on fairness and statutory interpretation, especially when the prior convictions occurred in a single court event.
Arizona appellate decisions in this area can be technical, and outcomes depend on the record structure. A person may have pled to two domestic violence counts on the same day and later face an aggravated domestic violence filing based on those convictions. The legal question becomes whether the statute treats them as distinct prior convictions for the enhancement scheme.
Sentencing Exposure in Aggravated Domestic Violence Cases
Felony domestic violence charges can carry consequences beyond jail or prison exposure. A conviction can impact firearm rights, employment background checks, housing applications, professional licensing, and immigration risk for noncitizens. Courts may impose probation with counseling and strict no-contact orders. Violations can trigger new charges or probation revocation proceedings.
Protective orders and release conditions also change day-to-day life. Many people lose access to their home, their children’s routines, or shared vehicles, even before the case resolves. These practical consequences often matter as much as the final sentence.
Common Defenses in Arizona Domestic Violence Cases
The defense is always fact-driven. Many domestic violence cases arise from chaotic moments with conflicting stories and limited physical evidence. Defenses may involve misidentification of the primary aggressor, lack of intent, self-defense, accidental contact, credibility issues, or the absence of injury consistent with the accusation.
Evidence often includes 911 calls, body-worn camera footage, neighbor statements, medical records, and text messages. A careful review can reveal whether the State’s theory aligns with the evidence. The prior-conviction element adds another layer, and it should be tested with the same care as the facts of the new allegation.
What to Do After an Arizona Domestic Violence Arrest
Early decisions can shape outcomes. Protective order terms, release conditions, and first appearances often happen quickly. Statements made to police, to family members, or in messages can also become exhibits.
A practical approach is to preserve communications, gather any relevant photos or videos, and write down a timeline while it is fresh. Court orders should be followed closely, even when they feel unfair, since violations can create separate problems that distract from defending the main charge.
Contact an Arizona Criminal Defense Attorney
Aggravated domestic violence cases require close attention to both the facts of the new allegation and the prior conviction proof the State plans to use. The Law Office of James Novak can review the timeline, the 84-month lookback issue, and the charging documents to identify defenses and weaknesses in the State’s case. A clear plan can also help address protective orders and release conditions in a way that reduces disruption to your life. Contact an Arizona Criminal Defense Attorney at (480) 413-1499.
