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.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1999–2026 · leading case:
State v. Gaynor-Fonte, 123 P.3d 1153 (Ariz. Ct. App. 2005).
State v. Gaynor-Fonte, 123 P.3d 1153 (Ariz. Ct. App. 2005).
· cites it 16× “For reasons set forth below, we agree with the trial court that § 13-3601.02 requires proof of two or more convictions to support a charge of aggravated domestic violence.”
State v. Newnom, 95 P.3d 950 (Ariz. Ct. App. 2004).
· cites it 4× “See A.R.S. § 13-3601.02. Before trial, he offered to stipulate to the existence of the prior convictions to avoid having the jury receive that prejudicial information.”
In Re C.D., 377 P.3d 1034 (Ariz. Ct. App. 2016).
· cites it 4× “But A.R.S. § 13-3601.02(A), at issue in Gaynor-Fonte , was part of an interrelated statutory scheme pertaining to domestic-violence offenses.”
State v. Willis, 178 P.3d 480 (Ariz. Ct. App. 2008).
· cites it 2× “A.R.S. § 13-3601.02(B) (Supp.2007); State v.”
Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999).
“, Ariz.Rev.Stat.Ann. § 13-3601.02 (West 1998); Ark.”
State v. Lopez (Ariz. Ct. App. 2026).
· cites it 14× “¶18 Noble is instructive because A.R.S. § 13-3601.02 is a repetitive offender enhancement statute like A.”
State v. Larrazolo (Ariz. Ct. App. 2022).
· cites it 6× “” A.R.S. § 13-3601.02(A). “The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision .”
State v. Torres (Ariz. Ct. App. 2017).
· cites it 2× “” A.R.S. § 13-3601.02(D). Because the offense commission dates are elements of the charged offense, the jury must hear the evidence “to decide a defendant’s guilt.”
State of Arizona v. Charles Scott Newnom (Ariz. Ct. App. 2004).
· cites it 3× “See A.R.S. § 13-3601.02. Before trial, he offered to stipulate to the existence of the prior convictions to avoid having the jury receive that prejudicial information.”
State v. Torres (Ariz. Ct. App. 2014).
· cites it 2× “See A.R.S. §§ 13-3601.02(A) (defining aggravated domestic violence); -3601(A)(2) (defining “domestic violence” offenses); -1203(A)(1) (defining assault by recklessly causing any physical injury).”
State v. Estrada (Ariz. Ct. App. 2015).
· cites it 2× “A.R.S. § 13-3601.02. In support of the admission of Estrada’s prior domestic violence convictions, the State chose to ask N.”
— Ariz. Rev. Stat. § 13-3601.02(A) — 5 cases
State v. Gaynor-Fonte, 123 P.3d 1153 (Ariz. Ct. App. 2005).
“For reasons set forth below, we agree with the trial court that § 13-3601.02 requires proof of two or more convictions to support a charge of aggravated domestic violence.”
In Re C.D., 377 P.3d 1034 (Ariz. Ct. App. 2016).
“But A.R.S. § 13-3601.02(A), at issue in Gaynor-Fonte , was part of an interrelated statutory scheme pertaining to domestic-violence offenses.”
State v. Larrazolo (Ariz. Ct. App. 2022).
“” A.R.S. § 13-3601.02(A). “The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision .”
State v. Lopez (Ariz. Ct. App. 2026).
“¶18 Noble is instructive because A.R.S. § 13-3601.02 is a repetitive offender enhancement statute like A.”
State v. Torres (Ariz. Ct. App. 2014).
“See A.R.S. §§ 13-3601.02(A) (defining aggravated domestic violence); -3601(A)(2) (defining “domestic violence” offenses); -1203(A)(1) (defining assault by recklessly causing any physical injury).”
— Ariz. Rev. Stat. § 13-3601.02(B) — 2 cases
State v. Gaynor-Fonte, 123 P.3d 1153 (Ariz. Ct. App. 2005).
“For reasons set forth below, we agree with the trial court that § 13-3601.02 requires proof of two or more convictions to support a charge of aggravated domestic violence.”
State v. Willis, 178 P.3d 480 (Ariz. Ct. App. 2008).
“A.R.S. § 13-3601.02(B) (Supp.2007); State v.”
— Ariz. Rev. Stat. § 13-3601.02(D) — 3 cases
State v. Lopez (Ariz. Ct. App. 2026).
“¶18 Noble is instructive because A.R.S. § 13-3601.02 is a repetitive offender enhancement statute like A.”
State v. Torres (Ariz. Ct. App. 2017).
“” A.R.S. § 13-3601.02(D). Because the offense commission dates are elements of the charged offense, the jury must hear the evidence “to decide a defendant’s guilt.”
State v. Larrazolo (Ariz. Ct. App. 2022).
“” A.R.S. § 13-3601.02(A). “The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision .”
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