Phoenix DUI Lawyer Blog

Phoenix Arizona Criminal Defenses, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Phoenix AZ Domestic Violence Attorney first."

Like many crimes, Phoenix 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 crimes occur daily, in almost every neighborhood, in every city in Phoenix Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Phoenix Arizona domestic violence charges, you should contact a Phoenix criminal attorney as soon as possible. The mistake many people make, after receiving Phoenix 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 Phoenix AZ Domestic Violence Attorney first.

A victim is prohibited from simply "dropping the charges" after the fact. Once charges have been cited or an arrest made, the State of Arizona takes over. Only the State's Prosecution or Court can drop, dismiss or acquit the charges. After you have been arrested, you are forced to fight it through the justice system. Anything else you say or do to the victim or police can be held against you or make matters worse. Especially in situations where police have been called to a scene or residence on more than one occasion, they feel they need to arrest "someone". If they can not decide which party to charge or arrest, they will sometimes just arrest both parties involved in a dispute, thus forcing both parties to defend their actions through the legal system.

Phoenix 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 disruptive dispute between spouses only. But in reality domestic violence laws apply to and domestic relationship abuse, and can include 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.

Phoenix Arizona treats domestic violence charges very seriously. What may have started out as something minor in nature, may have become serious than you realized, and someone was hurt. If convicted of Arizona Domestic Violence, the penalties are harsh. If you have been accused of a Phoenix Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Phoenix Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, 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 considered felonies by law. These convictions usually result in lengthy state prison sentences. If the domestic violence crimes are charged as a Phoenix 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. Usually the main difference is the amount of fines and fees and the length of incarceration time. In Phoenix Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred; in most cases that is where you normally live. So on top of everything else, you won't be able to return home; not without a police escort, or at all, for certain on indefinite amount of time.

Defenses that can be used in a Chandler Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser 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 PHOENIX DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Phoenix Arizona Domestic Violence attorney or Phoenix 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. Your Phoenix Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Phoenix 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. That is the job of your Phoenix Arizona domestic violence attorney.