Recently in Domestic Violence Category

October 2, 2012

Criminal Arrest Phoenix AZ.jpgDomestic Violence Charges

The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim.

Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together.

Police have the burden on the scene to distinguish the aggressor from the victim. Often the victim is cited or arrested when the police are unable to identify which party was the aggressor at the scene. It can also occur when false accusations are made against a victim by the aggressor.

Police Departments keep logs of incidents where the police have been called to a residence before. In many of these cases, an arrest will be made, or both parties will be cited, or arrested and forced to defend their charge in court.


Arizona Domestic Violence Laws

Domestic Violence (DV) crimes are described under Arizona Law ARS § 13-3601. This law applies to specified domestic persons who become victims of assault, homicide, threat, intimidation, neglect, abuse or other act of violence.

Offenses may be classified as felonies or misdemeanors, and penalties vary depend on circumstances involved. They include: aggravated or mitigated factors; age of the victim; nature and severity of injuries; if a weapon was used; and whether or not the crime was dangerous or non-dangerous; and if the crime was a first time or repeat offense.


Penalties for Non-Dangerous Domestic Violence Offenses

Non-dangerous Misdemeanor DV charges call for minimums of 30 days to 6 months in jail; and fines from $500.00 to $2500.00.

Non-dangerous Felony DV charges call for 6 months to 18 months in prison, minimums; and 4 to 10 years maximum ranges.

Persons convicted of non-dangerous domestic violence offenses may be ordered to participate in domestic violence offender or anger management counseling programs.


Penalties for Dangerous Domestic Violence Offenses

Dangerous Felony first time offenses expose a person to a minimum of 18 months to 3 years in prison; and maximum penalties of 7 years to 21 years on prison.
Felony domestic violence offenders will be exposed to court ordered fines that can reach a maximum of $150,000, plus restitution.

Persons convicted of domestic violence offenses will be ordered to participate in domestic violence offender or anger management counseling programs. Additional Court ordered penalties may apply such as community service, or probation.


Criminal Defense Attorney for Domestic Violence Crimes Mesa, AZ

If you have been charged with any domestic violence offenses you should consult a criminal defense attorney before pleading guilty. There may be defenses that can be used to challenge the charges, lead to suppression of evidence, or even a dismissal of charges. It is never a good idea to go to court without qualified legal representation for any criminal offense. If retained, an attorney will protect your rights, defend your charges. If the case can't be dismissed, they will work to mitigate sentencing to help you avoid or reduce harsh jail or prison sentencing.


Additional Resources:


Arizona Coalition Against Domestic Violence .

City of Mesa Police - Family Violence Unit can also provide assistance

Arizona Court - Domestic Violence Information and Resources

Continue reading "Domestic Violence: Why victims are often charged or arrested " »

July 23, 2010

Arizona Criminal Defense, Laws and Penalties

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

Like many crimes, 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 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 Arizona domestic violence charges, you should contact an Arizona criminal attorney as immediately. The mistake many people make, after receiving 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 an Arizona Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. After charges or an arrest has been made, only the State of Arizona's prosecution can drop or dismiss the charges. The victim or accuser can not simply withdraw their charges. That's the law. After being called to the scene they conduct their own investigation, and chose an action. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Arizona domestic violence laws are outlined in A.R.S. Criminal Code 13 and cover a variety of crimes. Arizona 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

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

Domestic violence laws apply to spousal abuse, 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. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Arizona treats domestic violence charges very seriously. To you, what may seem minor in nature, may be more serious than you realize and the punishments harsh if convicted. If you have been accused of an Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

Arizona crimes covered under Domestic Violence offenses

Criminal offenses under the Arizona's domestic violence laws include:
• Assault - A.R.S. §13-1203
• Aggravated assault - A.R.S. §13-1204
• Child abuse - A.R.S. §13-3623
• Custodial interference - A.R.S. §13-1302
• Criminal damage - A.R.S. 13-1602
• Dangerous crimes against children - A.R.S. §13-705
• Disorderly conduct - A.R.S. §13-2904
• Elderly abuse - A.R.S. §13-3623
• Endangerment - A.R.S. §13-1201
• False imprisonment - A.R.S. §13-1303
• Harassment - A.R.S. §13-2921
• Harassment (telephonic) - A.R.S. §13-2916
• Kidnapping - A.R.S. §13-1304
• Order of protection violations - A.R.S. §13-2810
• Restraining order violations - A.R.S. §13-2810
• Stalking - A.R.S. §13-2923
• Surreptitious photographing - A.R.S. §13-3019
• Threatening and intimidation - A.R.S. §13-1202
• Trespass - A.R.S. §13-1502-04

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in 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, and in the most serious cases long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are charged as felonies. If that is the case you could serve a lengthy incarceration in state prison. If the domestic violence crimes are charged as an Arizona misdemeanor, the punishment should not exceed 6 months in county jail. In 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 will prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred, in which many cases that happens to be your home. So on top of everything else, you won't be able to return home, without a police escort, or not at all, for certain on indefinite amount of time.

What an Arizona Domestic Violence Attorney Can do for You
You will need an experienced Arizona Domestic Violence attorney or 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 Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, 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 Arizona domestic violence attorney.

If you have been charged with any Arizona Domestic Violence, domestic violence Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Domestic Violence Lawyer " »

July 20, 2010

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.

June 29, 2010

Arizona Domestic Violence Laws, Penalties and Defenses

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

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 usually a topic people want to talk about with others. It can happen to anyone, you least expect. If you are charged with a Chandler, Arizona domestic violence offense, you should contact a Chandler, criminal attorney as soon as possible. The mistake many people make, after receiving a Chandler domestic your Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Chandler Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. Once you have been charged or arrested it is up to the State of Arizona to drop or dismiss the charges, not the victim or the accuser. The police made the decision. It is not a decision the accuser can make. They can not withdraw the phone call or contact they made with the police initially. Once the police are called to the scene, the conduct their own investigation, and are forced to make a decision. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Chandler, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes outlined in A.R.S. 13-3601.

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 Chandler 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 Chandler, 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 Chandler, 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 Chandler 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 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 CHANDLER DOMESTIC VIOLENCE ATTORNEY CAN DO

You will need an experienced Chandler, Arizona Domestic Violence attorney or Chandler, 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 Chandler, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Chandler, 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.

June 28, 2010

Arizona Laws Penalties and Criminal Defenses

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

Like many crimes, Mesa, 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 Mesa, Arizona domestic violence offense, you should contact a Mesa, criminal attorney as soon as possible. The mistake many people make, after receiving Mesa, 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 Mesa, AZ Domestic Violence Attorney first. The accuser can't just "drop the charges" later when things have calmed down. After an arrest has been made or charges issued, it is in the hands of the State of Arizona to drop or dismiss the charges. Once the police are called to the scene, and conduct a preliminary site investigation, they make decision--right or wrong. After that, if charged or arrested, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse. If the police have been called to the scene on multiple occasions, 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. Easy for them, but tough on undeserving or innocent parties involved.

Mesa, 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 Mesa Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh. The citations below were taken from a Mesa Police Department Website which reaffirms Mesa's commitment to aggressive investigation and prosecution of Mesa Arizona domestic violence offenders:

Protection and Investigation
As the lead agency for the CAFV, The City of Mesa Police Department has designed a unique, community-oriented, collaborative approach to investigating and intervening in domestic violence, adult and child sexual/physical abuse cases. Working with Child Protective Services, the officers of the Mesa Police force are specifically trained to be sensitive to, and knowledgeable of, the trauma of family violence and cases of sexual/physical abuse of adults and children. In response to recently enacted legislation, officers sited at the Center are also responsible for notifying and educating the community about the release of convicted sex offenders.

...Prosecution

The office of the Maricopa County Attorney and the City of Mesa Prosecutor's Office have jointly committed to participate in the CAFV to improve the prosecution of misdemeanor and felony cases involving domestic violence, adult and child sexual/physical abuse. Additionally, the County Attorney's Victim/Witness Bureau and the Office of the City Prosecutor's Victim Rights Program provide legal and emotional support to victims throughout the court process...."
(cited from www.mesaaz.gov/police/)

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Mesa, 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 Mesa, 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 Mesa, 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 Mesa 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 MESA, DOMESTIC VIOLENCE ATTORNEY CAN DO

You will need an experienced Mesa, Arizona Domestic Violence attorney or Mesa, 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 Mesa, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Mesa, 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.

June 25, 2010

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.

June 24, 2010

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 Gilbert , AZ Domestic Violence Attorney first."

Like many crimes, Gilbert, 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 Gilbert, Arizona domestic violence offense, you should contact a Gilbert, criminal attorney as soon as possible. The mistake many people make, after receiving Gilbert, 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 Gilbert, AZ Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. Once you have been charged or arrested it is up to the State of Arizona to drop or dismiss the charges. It is out of the accuser's hands.

Gilbert, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes outlined in A.R.S. 13-3601.

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 Gilbert, 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 Gilbert, 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 Gilbert, 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 Gilbert 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 Gilbert 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 GILBERT , DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Gilbert, Arizona Domestic Violence attorney or Gilbert, 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 Gilbert, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Gilbert , 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.

June 15, 2010

Domestic Violence Laws, Penalties and Your Defense


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

Like many crimes, Tempe, 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 Tempe, Arizona domestic violence offense, you should contact a Tempe, criminal attorney as soon as possible. The mistake many people make, after receiving Tempe, 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 Tempe, AZ Domestic Violence Attorney first.

Tempe, 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

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

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 Tempe Arizona. 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 Tempe, 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 you receive a conviction of domestic violence in Tempe, 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 Tempe, 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 Tempe, 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.

WHAT A TEMPE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Tempe, Arizona Domestic Violence attorney or Tempe, 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 Tempe, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Tempe, 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 Tempe, Arizona domestic violence attorney.

If you have been charged with any Tempe, Arizona Domestic Violence, domestic violence Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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May 25, 2010

Domestic Violence Laws, Penalties and Your Defense

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

Like many crimes, Tempe, 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 Tempe, Arizona domestic violence offense, you should contact a Tempe, criminal attorney as soon as possible. The mistake many people make, after receiving Tempe, 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 Tempe, AZ Domestic Violence Attorney first.

Tempe, 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

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

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 Tempe Arizona. 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 Tempe, 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 you receive a conviction of domestic violence in Tempe, 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 Tempe, 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 Tempe, 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.

WHAT A TEMPE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Tempe, Arizona Domestic Violence attorney or Tempe, 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 Tempe, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Tempe, 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 Tempe, Arizona domestic violence attorney.

Continue reading "Domestic Violence Tempe, Criminal Defense " »

April 17, 2010

Arizona Criminal Offense that fall within the Domestic Violence Statute

Domestic Violence covers a wide gamut of offenses beginning with violation of an order of protection (restraining order), simple assault, aggravated assault or as high as homicide. Many do not realize that an act they would consider harmless; or a private matter of their own right, is in fact a criminal offense in Arizona, of which State Law takes very seriously. If you are charged with any of the following Domestic Violence offenses, you should consult an Arizona Criminal Defense Attorney who is experienced at defending Domestic Violence Cases in Arizona.

A number of criminal offenses fall under the Arizona's domestic violence statute, including:

  • Assault - A.R.S. §13-1203
  • Aggravated assault - A.R.S. §13-1204
  • Criminal damage - A.R.S. 13-1602
  • Disorderly conduct - A.R.S. §13-2904
  • Endangerment - A.R.S. §13-1201
  • False imprisonment - A.R.S. §13-1303
  • Harassment - A.R.S. §13-2921
  • Harassment (telephonic) - A.R.S. §13-2916
  • Kidnapping - A.R.S §13-1304
  • Order of protection violations - A.R.S. §13-2810
  • Restraining order violations - A.R.S. §13-2810
  • Stalking - A.R.S. §13-2923
  • Threatening and intimidation - A.R.S. §13-1202
  • Trespass - A.R.S. §13-1502-04
Whether a Domestic Violence case is charged as either a felony or misdemeanor is usually determined by the seriousness of the case. If charged as a misdemeanor, the punishment will not exceed 6 months in county jail. A felony conviction could result in a sentence of incarceration in prison. In Arizona, the domestic violence law requires the completion of a Domestic Violence Counseling program. If charged, you should consult an experienced Arizona Criminal Defense Attorney who will defend you and present your side of the story through the appropriate legal process.

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April 16, 2010

Arizona Domestic Violence Laws

Arizona Criminal Law dictates that you may be charged with Domestic Violence if you have been accused of a crime for which the victim is related to you by marriage or lives with you, or otherwise affected relationships. Arizona's domestic violence laws apply not only to crimes against spouses, but also to crimes against partners, former partners, people who are dating, and the elderly. You should consult a seasoned Arizona criminal attorney that is experienced in defending domestic violence charges.

Arizona Revised Statute §13-3601 defines the affected relationships involved as follows:
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided together in the same household, this includes same gender cohabitation.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.

13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice
A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
(Cited In Part)

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