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 " »

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.

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.

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.

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.

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.

Domestic Violence Laws, Penalties and Your Defense

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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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.

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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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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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ARIZONA CRIMINAL LAWS - DEFINITIONS AND CLASSIFICATIONS

Some do not realize that threatening or intimidating another person (s) falls withinArizona State Law as a criminal charge of Assault. If convicted of such assault charges you can expect serious penalties under Arizona Criminal Law. If charged It is important that you consult an Arizona criminal lawyer experienced in defending Arizona Assault charges to defend your case.

Threatening or Intimidating ARS 13-1202

A person commits threatening or intimidating if the person threatens or intimidates by word or conduct to cause physical injury to another person or serious damage to the property of another. Communicating threats also falls under the heading of assault. If you threaten bodily harm to another person or threaten their property, you may be charged with a class 1 misdemeanor. If the threat is regarding is in an effort to get someone involved in gang activity, it is elevated to a class 3 felony and can carry 3 ½ years in prison.

13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
2. The person is a criminal street gang member.
C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Any experienced Arizona Criminal Defense Attorney well versed in handling Assault Cases will advise you such laws if violated can result in serious criminal charges which should not be taken lightly. And you should consider retention of an Arizona Criminal Lawyer in such event.

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Aggravated Assault Arizona ARS 13-1204

An Arizona Aggravated Assault is an extremely serious charge with extremely serious consequences if convicted. If charged, it is important that you are defended by an Arizona Criminal Lawyer well versed and experienced in handling aggravated assaults. In general, Assault is generally characterized as the act of putting someone in fear of harm by threat of force or actual force, physically harming the person or simply touching the person with the intent to cause harm or injury to that person. When an assault crime elevates to an "aggravated assault" level, it usually involves the use of a deadly or dangerous weapon. A deadly weapon doesn't have to be a gun or other firearm. A deadly weapon can be things like a baseball bat, pipe, hammer, kitchen knife, sharp glass or other similar object.

Arizona Criminal Law includes many factors that elevate a physical assault to an aggravated assault, including but not limited to:

• Serious physical injury to another resulting from the assault
• Use of a deadly weapon during the assault
• Entering a private home for the purpose of committing the assault
• Assault by an adult against a child aged 15 or younger
• Assault knowingly committed against a peace officer

Aggravated assaults are far more serious than simple assaults. There are several circumstances that can elevate an assault to the "aggravated" level. An aggravated assault is a felony in Arizona and carries with it the possibility of a lengthy prison sentence.

Dependant on the circumstances, aggravated assault is usually considered a Class 3 Felony. If this is your first offense you may be facing a range of 5-15 years in prison. Your criminal history and the circumstances of the crime will determine where in this range the Arizona judge sentences you.

If this is your second conviction of a dangerous offense the sentencing possibilities leap to 10-20 years. If it is your third conviction you could be sentenced to a prison term of 15-25 years.

13-1204. Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
(Cited In Part)

A serious offense such as an Arizona aggravated assault requires a strong Arizona Criminal Defense. This is not something you want to go at alone.

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CRIMINAL LAW RELATING TO MISDEMEANOR ASSAULT IN ARIZONA

Arizona Assault ARS 13-1203

Arizona criminal laws regarding assault involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. If charged with Assault in Arizona you should immediately contact an experienced Arizona Criminal Defense Attorney. These are serious charges. Even a conviction of a misdemeanor assault can result in sentences that include jail, fines, community service, counseling, or other penalties.

There are three types of Misdemeanor Assault under Arizona Criminal Law, with increasing levels of severity:

• If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(3), in order to obtain a conviction, the State must prove that you knowingly touched another person with the intent to injure, insult, or provoke that person. A conviction under this subsection is a class 3 misdemeanor, and can result in a sentence of up to 30 days in jail.

• If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(2), in order to obtain a conviction, the State must prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. A conviction under this subsection is a class 2 misdemeanor, and can result in a sentence of up to 4 months in jail.

• If you have been charged under Arizona Assault - A.R.S. § 13-1203(A)(1), in order to obtain a conviction, the State must prove that you intentionally, knowingly, or recklessly caused physical injury to another person. A conviction under this subsection is a class 2 misdemeanor if you recklessly caused the injury, resulting in a potential sentence of up to 4 months in jail. If the State proves that you intentionally or knowingly caused the injury, the conviction is a class 1 misdemeanor, resulting in a potential sentence of up to 6 months in jail.

13-1203. Assault; classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

If you are charged with an assault in Arizona no matter how serious you should consult a Criminal Defense Attorney in Arizona who is experienced in handling all types of assault charges.

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Arizona Criminal Law defines "Endangerment". If you have been charged with
this offense you should consult an Arizona Criminal Defense Attorney as soon as possible. Arizona State Law is clear and this charge can result in seriously
penalties.

Endangerment ARS 13-1201
A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. Only the risk must be present, no actual physical injury has to occur.

Misdemeanor endangerment refers to an act that endangers someone to risk personal physical injury. This carries with it a potential jail term, counseling, fines, and community service.

Felony endangerment involves the risk of "imminent death". This offense is more serious and carries a potential sentence of one year or more, but also labels you as a convicted felon and further affects your future and reputation.

Assaults happen quite frequently under a variety of circumstances. Sometimes assault charges are filed against people who were merely defending themselves. Don't try to feel your way through the criminal justice process alone. You will need a strong Arizona criminal lawyer to defend your case.

13-1201. Endangerment; classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

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