A West Valley domestic violence case stacked two Class 1 Misdemeanors with DV designations, federal firearm prohibition, and threats to the client’s fingerprint clearance card. Future First identified four proof problems and the State filed a Motion to Dismiss citing no reasonable likelihood of conviction.

At a glance

Court	Peoria Municipal Court
Original charges	Assault (ARS § 13-1203(A)(1)) with domestic violence designation, Class 1 Misdemeanor; Disorderly Conduct – Fighting (ARS § 13-2904(A)(1)) with domestic violence designation, Class 1 Misdemeanor
Presumptive exposure per count	Up to 6 months jail, up to $2,500 fine plus 84% surcharge, mandatory DV offender treatment, lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), 5 years probation exposure
Result	Both counts dismissed without prejudice in 2021 after State filed Motion to Dismiss citing no reasonable likelihood of conviction
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2021 (case ended in dismissal)

The stakes

The client faced two Class 1 misdemeanor charges in the West Valley after a late-night call between parties at home. Both parties had been drinking. Both made conflicting statements to officers. The State filed counts of assault and disorderly conduct, both with domestic violence designation.

A DV conviction in Arizona carries up to 180 days of jail per count, fines up to $2,500 per count plus an 84% surcharge, mandatory offender treatment, and a lifetime federal firearm prohibition. The case also threatened the client’s fingerprint clearance card, which affects work in healthcare, education, childcare, and other regulated fields.

What we did

Future First reviewed the police report and identified four weaknesses in the State’s case: conflicting statements between the parties, minimal injury evidence on the alleged victim, no injuries on the client, and the client’s invocation of Miranda during booking.

After the firm pushed back on the State’s proof, the State filed a Motion to Dismiss in 2021 stating no reasonable likelihood of conviction. The court signed the order dismissing both counts without prejudice. The client walked away with no conviction, no jail, no probation, and no federal firearm ban. Under ARS § 13-911, the client is eligible to seal the arrest record now. No ARS § 13-905 set-aside applies because there was no conviction.

What our clients say

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

If you’re facing a domestic violence charge in Arizona

Arizona’s domestic violence designation under ARS § 13-3601 attaches to a wide range of underlying offenses including assault, disorderly conduct, criminal damage, and threats. The DV designation does not change the maximum sentence on the underlying offense, but it triggers a separate set of collateral consequences: mandatory domestic violence offender treatment, the lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), immigration consequences for non-citizens, and a fingerprint clearance card revocation that affects work in regulated industries.

DV cases where both parties had been drinking and both made conflicting statements often have inherent proof problems. The State’s reasonable-likelihood-of-conviction threshold is lower than the beyond-a-reasonable-doubt standard required at trial, but credible proof problems can still move the prosecutor to dismiss. Defense work that documents the conflicting statements, the absence of injuries on the alleged victim, and the absence of injuries on the client can push the State to a dismissal posture.

Future First Criminal Law has handled domestic violence cases across Maricopa County and Arizona. We know how Peoria Municipal Court and other West Valley municipal courts evaluate proof problems in DV cases, and how to push the State toward dismissal when the evidence is weak.

Related resources

Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
Set aside and sealing in Arizona — how to clean up your record after a DV dismissal or conviction

Call us

Facing a domestic violence charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of DV cases across Arizona. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona domestic violence law, visit the Arizona State Legislature website.