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.
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