Phoenix Domestic Violence Lawyer
When responding to a domestic violence call, police must take at least one person into custody if they have any reason to believe that the situation warrants such a response. They rarely care about who started the argument or who called the cops; they are simply there to evaluate the situation and will make decisions based on what they see.
According to Arizona law, A.R.S. 13-3601, domestic violence can be charged in the following situations:
1. The victim and defendant are married , were married, or reside in the same household.
2. The victim and defendant have a child in common.
3. The victim or defendant is pregnant by the other party.
4. The victim is related to the defendant by blood or the defendant’s spouse by blood or court order.
If the relationship between the defendant and victim is over, the courts will consider the type and length of the situation, as well as the frequency of interaction between the two parties and how long has passed since the relationship was terminated.
Crimes that constitute domestic violence can range from sex crimes, assault, battery, disorderly conduct, murder, kidnapping, false imprisonment, stalking, violating a restraining order, preventing the use of a telephone, intimidation, harassment, and child abuse.
Because of recent efforts by the Arizona legislature to strengthen AZ domestic violence laws, courts have implemented changes, law enforcement has applied intensified polices, and prosecutors have been increasingly motivated to punish those accused of domestic violence. With these new laws, prosecutors can actually file charges against an alleged offender even if the victim refuses to participate and wishes not to press charges. With these new changes, it is even more critical that domestic violence offenders in Arizona seek the guidance of a JacksonWhite criminal defense lawyer as soon as possible.
Penalties for domestic violence can include loss of gun rights, limitations in child visitation or loss of custody, jail time, fines, mandatory counseling, probation, and a criminal record. While most domestic violence cases result in misdemeanors, those involving weapons or serious injury can be charged as felonies. First-time offenders are generally given probation and are required to attend a counseling program, although with the help of a skilled JacksonWhite domestic violence attorney, defendants may be eligible for a diversion program instead of prosecution.
It is important to remember that defendants should never try to contact the victim, as that could result in additional criminal charges, especially if an order of protection is in place. If you have been accused of domestic violence in Phoenix, Scottsdale, Tempe, Tucson, or another AZ city, the JacksonWhite criminal defense team can help you fight the charges. Our defense lawyers have years of experience representing clients against domestic violence accusations throughout the state of Arizona, and we offer FREE consultations at all of our offices located across the Phoenix Valley and in Tucson. Don’t wait; call us today at 480-818-9943.