Arizona Domestic Violence Laws, Penalties and Defenses
"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Scottsdale, AZ Domestic Violence Attorney first."
Like many crimes, Scottsdale, Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence offenses occur daily, in every neighborhood, to people all around you. It's just not something people want to discuss with others. It happens when and to those you least expect. If you are charged with a Scottsdale, Arizona domestic violence offense, you should contact a Scottsdale, criminal attorney as soon as possible. The mistake many people make, after receiving Scottsdale, Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Scottsdale, AZ Domestic Violence Attorney first.
Many people accused of a domestic violence offense want to know what will happen if the victim drops the charges. The answer is "nothing" will happen. The charges will still stand. Only the state court or prosecution can dismiss or acquit once the charges or arrest has been made.
Scottsdale, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes. Arizona Law defines domestic violence specifically within the following references:
"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice..."
Some think of "domestic violence" as a destructive dispute between spouses only. But in reality domestic violence laws apply to many different types of domestic relationships and include acts of abuse, to former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Any situation can bear its own unique set of circumstances or domestic relationship. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide. Domestic violence charges are taken very seriously in Scottsdale Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh.
CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Scottsdale, Arizona, the state may revoke or limit child visitation rights, right to bear arms, and other privileges. Then they will impose penalties of jail, fees, fines, restitution, restraining orders, probation, counseling, a criminal record, and in some serious cases, long term or life prison sentences.
Domestic violence cases involving weapons or bodily injury to the victim are usually charged and prosecuted as Felonies. These convictions generally result in lengthy state prison sentences. If the domestic violence crimes are charged as a Scottsdale, misdemeanor, it is still a crime. But the penalties should not exceed 6 months in county jail. A conviction still results in a criminal record, fines, fees restitution, counseling, probation, and restraining orders and other punishments. The main difference is in the amount of fines and fees, and the length of incarceration time in jail or prison. In Scottsdale, the domestic violence laws almost always require that the defendant complete a Domestic Violence Counseling Treatment program, such as anger management classes or anger control therapy with a psychologist. In many cases, the court prohibits the defendant from having any contact with the victim. Often this means the defendant can not return home, for a court ordered period of time.
Defenses that can be used in a Scottsdale Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• You were acted in self-defense
• The incident involved a mutual attack
• Lack of evidence
• Lack of physical injury to the victim
• No witnesses were present accept for you and the accuser/victim
• Credibility of the accuser - history of false accusations
• Innocent by Facts of the case
• State of mind of the accuser/victim
• You were not the person who harmed the victim
• You were reacting to a threat or imminent physical danger by the victim
• You were severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims
• Necessity Defense
• You stepped in to protect your child from imminent harm by the victim
• Accuser was under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.
WHAT A SCOTTSDALE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Scottsdale, Arizona Domestic Violence attorney or Scottsdale, Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. A Scottsdale, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Scottsdale, Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed, evidence suppressed or charges reduced for the best possible outcome in your case.
Join Our Law Communities