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).