Can Recanted Testimony Still Lead to a Domestic Violence Conviction in Arizona

You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the case. A recent court ruling confirmed that even when a key witness changes their story, the jury still decides whether the original account or the retraction carries more weight. This means your case could move forward regardless of whether the alleged victim now supports you.

In a 2025 ruling, the Arizona Court of Appeals upheld a conviction for aggravated domestic violence and aggravated assault despite the alleged victim’s testimony that contradicted her earlier statements. The accused had a history of prior domestic violence offenses and was charged with strangling a woman with whom he had a qualifying relationship. At trial, she stated that the accused never physically harmed her. However, she also admitted that she had made the new claims at his request. The court allowed the original testimony to stand, and the jury returned a guilty verdict.

Juries Decide Credibility, Not Judges

In Arizona, the trial judge does not get to decide which version of the testimony is more believable. That task belongs to the jury. When a witness tells two different stories, the jury decides whether the original statement or the later recantation is more convincing.

Defense attorneys often challenge this by filing a Rule 20 motion for judgment of acquittal. Under Rule 20 of the Arizona Rules of Criminal Procedure, the court must grant an acquittal if no substantial evidence supports the charge. The keyword here is “substantial.” The law defines this as evidence that a reasonable juror could find convincing enough to support a conviction beyond a reasonable doubt.

In this case, the trial judge denied the Rule 20 motion. The appellate court affirmed that decision, explaining that even inconsistent or recanted testimony can still support a conviction if the jury believes the original account. This ruling highlights how important it is to present a strong defense, even when the alleged victim appears to be on your side during trial.

What the Law Says About Aggravated Domestic Violence

Arizona law makes domestic violence a serious offense with harsh consequences for repeat convictions. In Arizona, you may be charged with aggravated domestic violence if you commit a third domestic violence offense within 84 months of two previous ones. This is a felony offense, and a conviction can result in mandatory prison time.

In cases involving strangulation, the law also includes a separate provision under A.R.S. Section 13-1204(B). This statute applies when a person knowingly or intentionally impedes another person’s breathing or blood flow by applying pressure to the neck or obstructing the nose or mouth. These factors can elevate a standard domestic violence charge to aggravated assault.

Together, these statutes enable prosecutors to pursue multiple felony charges stemming from a single incident, particularly when the accused has a prior criminal record. The stakes rise quickly, and the penalties include both long-term imprisonment and a permanent criminal record.

How Recanting Impacts Your Defense Strategy

If you are facing domestic violence charges and the alleged victim later recants, you should not assume that the case will fall apart. Prosecutors may still proceed using the original statement, 911 recordings, body cam footage, medical records, or other forms of physical evidence. Even if the witness admits to lying in their original statement, the jury may still decide that the original version was truthful.

You need a defense strategy that prepares for all possibilities. That includes challenging the credibility of prior statements, highlighting inconsistencies, and arguing that no physical evidence supports the accusation. At the same time, you must protect your rights during every stage of the process, from arraignment to trial.

Call Today to Get Started on a Strong Defense

If you are facing domestic violence charges in Arizona, and the alleged victim has recanted, you still face real legal risks. Do not leave your future to chance. Contact The Law Office of James E. Novak for experienced criminal defense representation. We understand how Arizona courts handle recanted testimony, and we know how to build a defense that targets the prosecution’s weaknesses. Call (480) 413-1499 for a free consultation today.