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Domestic Violence and Partner Abuse Charges in Phoenix
|Last Updated on: 5th October 2023, 07:49 am
Domestic Violence and Partner Abuse Charges in Phoenix
Domestic violence is a serious issue here in Phoenix that can really impact peoples’ lives. If you or a loved one have been charged with domestic violence or partner abuse, it’s important to understand the laws and get a good lawyer to help you. This article will break down the basics in an easy to understand way.
What is Considered Domestic Violence in Arizona?
Arizona’s laws define domestic violence as any dangerous crime committed against a spouse, former spouse, partner, child, parent or other relative who lives with the accused person. This includes things like:
- Physical assault or battery
- Sexual assault or abuse
- Stalking
- Kidnapping
- Unlawful imprisonment
- Criminal damage to property
- Disorderly conduct
- Harassment
- Child abuse
So domestic violence charges can cover a wide range of crimes – it’s not just physical abuse. If any crime involves a family member or partner as the victim, it can be charged as domestic violence in Arizona.
What Happens if You’re Charged?
When police respond to a domestic violence call, they will do an investigation at the scene. If they feel charges are warranted, they may arrest the accused person on the spot. Or the case could get sent to a detective for further investigation before charges are filed.
Misdemeanor domestic violence crimes get prosecuted by the Phoenix City Prosecutor’s office. Felony charges go to the Maricopa County Attorney’s office. A prosecutor reviews the evidence and decides whether to file formal charges or not.
If charges do get filed, the accused person will be summoned to appear in court for an arraignment. This is where they enter a plea of guilty or not guilty. Domestic violence cases tend to move through the system quickly in Arizona.
Penalties for Domestic Violence Convictions
A domestic violence charge enhances the penalties for other crimes like assault, harassment, endangerment etc. And prior domestic violence convictions can increase the penalties even more.
Some examples of potential sentences for first-time domestic violence offenders in Arizona:
- Class 3 misdemeanor – up to 30 days in jail and/or up to a $500 fine
- Class 2 misdemeanor – up to 4 months in jail and/or up to a $750 fine
- Class 1 misdemeanor – up to 6 months in jail and/or up to a $2,500 fine
- Felony – over 1 year in prison and/or up to a $150,000 fine
Anyone convicted of domestic violence in Arizona must also complete a domestic violence offender treatment program. And the court will likely issue a criminal protective order preventing contact with the victim.
Defenses Against Domestic Violence Charges
There are defenses that an experienced criminal defense lawyer can use to fight domestic violence allegations, such as:
- Self-defense – arguing that the alleged victim was actually the aggressor and you acted in self-defense
- False allegations – proving that the accuser is making up or exaggerating the claims
- Mistaken identity – showing you weren’t the person who committed the alleged acts
- Lack of criminal intent – demonstrating you didn’t have intent to harm or threaten the alleged victim
An attorney can also scrutinize the police investigation and argue that proper procedures weren’t followed. This could get evidence suppressed or charges dismissed.
Getting Help From a Lawyer
Domestic violence charges can have severe penalties like jail time, fines, probation, counseling programs, protective orders, and more. Even misdemeanors stay on your criminal record forever.
Having an experienced criminal defense lawyer represent you can make all the difference. They will thoroughly examine the prosecution’s case and build the strongest defense to have your charges reduced or dismissed. Don’t leave your fate to chance – get legal help right away.
Here are some great criminal defense attorneys in Phoenix who can help with domestic violence and partner abuse charges:
- Cantor Law Group – experienced domestic violence lawyers known for aggressive defense
- DM Cantor – top rated criminal defense attorneys with great client reviews
- Jackson White – full service law firm defending clients since 1983
Don’t go through this alone. Schedule a free case evaluation with a lawyer to discuss your charges and start building your defense today.