Sentencing most often occurs immediately after the trial, once the judge has found the defendant guilt. If sentencing is set off, it will be held within 30 days of the trial. As the victim, you have the right to be heard at sentencing. If you are seeking restitution, the judge will determine the exact amount, if any, that you will be given at this time. You may submit your restitution request on-line or send copies of any receipts or bills as proof of your claim to:

Phoenix City Prosecutor’s Office
P.O. Box 4600
Phoenix, AZ 85030-4600
ATTN: Victim Services Unit

Or fax the information to 602-534-4540.

Considerations

When deciding what sentence to impose, a judge will consider many factors:

• The recommendation of the prosecutor; any prior convictions or other aggravating factors;
• Statements or requests made by the victim;
• The recommendation of the defense attorney; the lack of prior convictions or other mitigating factors; and
• Statements of the defendant.

The city of Phoenix prosecutes misdemeanor offenses. Felony charges are referred to the Maricopa County Attorney’s Office. Sentencing range guidelines vary depending on the class of misdemeanor.

Victim Sentencing Rights

• The right to be heard at any proceeding involving a negotiated plea and at sentencing;
• The right to read pre-sentence reports related to the crime which are available to the defendant;
• The right to receive prompt restitution;
• The right to submit a written impact statement or make an oral impact statement;
• The right to be present at sentencing

1st Offense Domestic Violence Conviction

    Class 1 misdemeanor:

• 0-3 years unsupervised probation
• 0-$2,500 fine
• 0-180 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

    Class 2 misdemeanor:

• 0-2 years unsupervised probation
• 0-$750 fine
• 0-120 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

    Class 3 misdemeanor:

• 0-1 year unsupervised probation
• 0-$500 fine
• 0-30 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

Domestic Violence Diversion

If eligible, a defendant can sign a plea agreement and plead guilty to the crime. Upon successful completion of diversion, the charge will be dismissed. If restitution is requested, the plea agreement will require the defendant to pay the amount requested.

If the defendant fails to complete diversion or pay restitution, the guilty conviction stands and the defendant will be sentenced.

2nd Offense Domestic Violence Conviction

    Class 1 misdemeanor:

• 0-3 years unsupervised probation
                 or
  1 year supervised + 2 year unsupervised probation
• 0-$2,500 fine
• 0-180 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

    Class 2 misdemeanor:

• 0-2 years unsupervised probation
                 or
  1 year supervised + 1 year unsupervised probation
• 0-$750 fine
• 0-120 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

    Class 3 misdemeanor:

• 0-1 year unsupervised or supervised probation
• 0-$500 fine
• 0-30 days jail
• Mandatory Domestic Violence Counseling
• Court may order restitution

3rd Offense Domestic Violence Conviction

The following cases are referred to the Maricopa County Attorney’s Office for review of felony prosecution:

• Third offense within 5 years where 2 prior convictions occurred after 1999
• An assault where victim has a valid order of protection against the defendant
• Aggravated Stalking
• Aggravated Harassment
• Assault causing serious physical injury

Prohibited Possessor

A person convicted of a domestic violence offense is prohibited from owning a firearm or ammunition.

It is a federal felony offense for a person convicted of a misdemeanor crime of domestic violence involving physical force or the threat of physical force to possess a firearm or ammunition.

18 USC § 922(g)(9).