Can Domestic Violence Charges Be Dropped in Arizona?

Executive Summary

• Domestic violence charges in Arizona are pursued by the prosecutor, who has the discretion of whether to drop them based on the available evidence.
• A victim can influence whether domestic violence charges are dropped, but they do not have as much direct capacity to drop the charges as many people think.
• Common scenarios where domestic violence charges are dropped include cases where there is a lack of evidence, an alternative outcome is negotiated with the prosecutor, and other mitigating factors.
• Domestic violence charges can result in harsh legal consequences, like high fines, jail time, and a lasting criminal record.

Introduction

If you’re facing domestic violence charges in Arizona, your first instinct may be to try to talk with your accuser. You may reason that most domestic violence cases involve close family members or someone you consider very close, and the best-case scenario would be to resolve the issues without involving the courts or the police.

However, by the time you’ve been charged with a crime, both the police and the courts are involved. Speaking with the victim or anyone else can damage your case.When faced with a domestic violence charge in Arizona, it’s essential to hire an experienced and qualified domestic violence defense attorney. Arizona domestic violence laws are strict, and there are harsh penalties for anyone found to have committed a domestic violence crime.

In the heat of the moment, emotions can run high, lead to a confrontation, and a person may seek charges against an individual. However, in some cases, an individual may decide to have a change of heart. If you are charged with domestic violence or are considering dropping charges, an attorney can help you understand your rights and the potential legal avenues for dropping domestic violence charges.

What Constitutes a Domestic Violence Charge in Arizona?

Contrary to popular belief, domestic violence is not considered its own crime in Arizona. Instead, domestic violence is considered a crime under the umbrella of violent assault. An assault charge is considered domestic violence when it occurs between two people of the same household or who have a close, domestic relationship together.Although a domestic violence charge often involves two spouses or romantic partners, it can apply to a variety of domestic relationships, such as family members related by blood, two people who have a child together, or any two people who are dating or are former partners. Arizona Statutes 13-3601 explain what constitutes domestic violence in the state.

The types of crimes classified as domestic violence include:

• Physical and verbal assault
• Harassment
• Violating an order or protection or a restraining order
• Sexual assault of a minor
• Child abuse
• Sexual or physical battery
• Kidnapping
• Murder
• Elder abuse

As shown by this list, domestic violence can take many forms. Even an act such as preventing someone from accessing the phone in an emergency constitutes domestic abuse, even if there was no physical contact between the two parties.

In some cases, arguments can turn into yelling and verbal assault, which can get the cops called on you or your loved one. People can make decisions fueled by rage, jealousy, and anger when things spiral out of control. But what happens when they have a change of heart?

If you would like to get your or your loved one’s domestic violence charges dropped in Arizona, there are certain things you need to know.

Who Can Drop Domestic Violence Charges?

Only a specific party can drop domestic violence charges. Contrary to common belief, it’s not simply up to the victim to decide to no longer pursue charges against the alleged perpetrator. In fact, the party with the most power is the prosecution team.

Once an allegation is made and a prosecutor picks up the case, the charge technically comes from the state prosecution team, not the initial accuser. Because of the nature of the charge, only a select few parties can influence whether the charges can be dropped.

According to ARS 13-1204, a prosecutor has the discretion to continue with a case, even if a victim requests that the charges be dropped. A prosecutor may choose to follow through on the case if they feel that the accused individual is a threat to the community.

Can Victims Influence the Decision?

An alleged victim can influence the decision to continue pursuing a charge to some degree, but they do not have as much control as one may think. A victim does not have the power to decide whether to proceed with pursuing or dropping charges—this decision lies in the hands of the prosecutor. Still, a victim’s level of cooperation with the investigation can influence the decision regarding the charges.

A victim can influence a domestic violence decision in the following ways:

• Failing to provide evidence – If an alleged victim does not provide evidence of the alleged domestic violence, the prosecutor may decide to drop the case.
• Changing their statement – A victim changing their statement may influence the prosecution’s decision to follow through on the case if there is no longer enough evidence to pursue a case.

Although the victim can have an influence on the decision to follow through on pursuing charges, the prosecutor holds the final say. There are many instances where a victim may wish to drop the charges and the prosecutor chooses to continue pursuing a conviction.

Factors That Impact Whether Charges Are Dropped

There is no one set rubric for when charges may be dropped. Instead, it depends on the specific factors surrounding each unique case. Whether charges are dropped may hinge on the following factors:

• Strength of the evidence, including physical evidence, witness statements, or other documentation demonstrating violence.
• Severity of the allegations, including whether there are clear injuries or if weapons were involved in the incident.
• The accused’s prior history of domestic violence or criminal behavior.
• Involvement of other aggravating circumstances, like if children were present or the victim was especially vulnerable.

If there is substantial evidence and severe consequences of an act of domestic violence, the chances of charges being dropped are likely to be slim. However, if there is questionable evidence around an incident and there is no strong argument that harm took place, a skilled defense attorney is more likely to be able to get the charges dropped.

When Can Charges Be Dropped?

Domestic violence charges can be dropped at any point in the legal process of a prosecutor seeking a conviction. However, it is unlikely for charges to be dropped before a prosecutor carries out an investigation of the incident and determines whether there is enough information to pursue a conviction.

In cases where charges are dropped, it most likely happens in the following instances:

• During pre-trial dismissal – If there is minimal evidence incriminating the accused as the case approaches trial, the case may be dismissed, and the charges may be dropped.
• Plea bargains and negotiation – Negotiations with the prosecution team can result in the prosecution dropping charges in exchange for alternative penalties such as counseling or probation.
• After trial – If a case goes to trial and the defense presents a stronger case, the judge or jury may rule that the accused is not guilty.

When charges can be dropped will depend on the specific case, the findings of a prosecutor’s investigation, and the ability of a criminal defense attorney to build an opposing argument. The stronger the evidence is against the accused, the harder it will be to drop charges.

Grounds for Dismissal in Domestic Violence Cases in Arizona

A domestic violence case can be dismissed in some situations, ranging from insubstantial evidence to a successful negotiation between the prosecutor and the defense. The following circumstances may be grounds for dismissal in a domestic violence case in Arizona.

Lack of Evidence

Domestic violence charges can be dismissed if there is a lack of admissible or sufficient evidence. The prosecution needs to be able to prove that the defendant committed the crime beyond a reasonable doubt. If there’s insufficient evidence to prove that the accused is guilty, the prosecution may decide to drop the charges to avoid a not-guilty verdict.

If an accuser hopes to drop domestic violence charges, this is the most common grounds for dismissal. If an accuser rescinds their statement or refuses to testify, then this often leaves a significant lack of evidence or a hole in the case.

Other evidence may include 911 call transcripts, medical records, photographic evidence, or eyewitness testimony. Without these pieces of evidence, there is a much higher likelihood of a domestic violence case either being dropped or being struck down in court.

Uncooperative Witness

A victim may want to drop the charges, but this doesn’t get the case dismissed right away. The case can still move forward even if the victim refuses to testify. However, a victim or third-party witness who recants or changes their story can make it challenging for prosecutors to prove their case, which can lead to a dismissal of charges as a result of a lack of evidence.

Someone is considered an uncooperative witness if they fail to recount some or all the facts of the incident, fail to avail themselves during depositions or downplay the impact of the incident. Guilt, fear, and embarrassment are other reasons why an alleged victim may be considered uncooperative.

Mitigating Factors

There are mitigating factors that can result in dropped charges by demonstrating that an act was not intentional or malicious. These factors call into question the legitimacy of the charges and can sometimes result in dropped or dismissed charges.

Mitigating factors can include:

• Claims that the accused acted in self-defense
• Lack of intent to harm the alleged victim
• False or exaggerated accusations of actions of domestic violence

Negotiation with the Prosecution

Negotiating with the prosecutor could help have an impact on dropping charges. A successful negotiation between the defense and the prosecution could result in dropped charges in lieu of alternative penalties. For example, a criminal defense attorney can negotiate a deal where the prosecution drops the charges, but the defendant must attend court-ordered anger management classes.

Even if the prosecution does not drop charges entirely, a negotiation could still result in a more favorable outcome for the defendant. For example, the prosecution team may offer a plea deal and seek to convict the defendant with a lower jail sentence or fines in the place of jail time in exchange for a guilty verdict.

Challenges in Getting Charges Dropped

Once charges are placed against an alleged perpetrator, it is not simple to walk them back without strong due diligence. There are challenges in getting charges dropped regardless of the incident that led to the charges being placed in the first place. The following challenges can complicate the process:

• Arizona has strict laws surrounding domestic violence, which make it difficult to drop charges unless there is a valid reason for doing so.
• Prosecutors in Arizona have a strong tendency to see domestic violence charges through on the grounds of seeking to protect the community and prevent future violence, even without victim participation.
• Arizona has mandatory arrest policies in the event of physical violence or injury, which can be used as evidence against the accused to establish a case for pursuing criminal charges and end up on a criminal record.

If you believe you have been wrongfully charged with domestic violence, you should seek the support of a skilled criminal defense attorney. Only an experienced attorney understands how to navigate the legal system and what legal avenues they may be able to pursue for a defense. Our criminal defense attorneys at JacksonWhite Law will provide you with a free case review during an initial consultation so we can begin building the best possible defense strategy.

Legal Consequences of Domestic Violence Convictions in Arizona

Arizona has harsh legal consequences for domestic violence. A domestic violence charge falls under the same umbrella as violent crime, so the legal consequences would be similar. As a violent crime, domestic violence and battery have strict, lasting consequences. Still, the consequences can vary based on the specific case, as they depend on the nature of violence and its impact on the alleged victim.

Consequences of domestic violence may be worsened, for example, if the victim was pregnant at the time of the incident, if a weapon was used, or if the defendant has prior convictions.

Consequences of a conviction may include:

• Charges that range from a class 3 misdemeanor to a class 2 felony, depending on the severity of the incident
• Jail time that ranges from 30 days in jail to 21 years in prison.
• In cases of first-degree homicide, jail or prison time for up to life in prison
• A fine that ranges from $500 to $150,000
• Compensation to the victim for emotional or medical damages
• Sentencing to a domestic violence counseling program

Of course, every case is different. If you are faced with domestic violence charges, it’s important to consult an attorney about the penalties you may be facing and how to combat them.

It’s important to note that there are also legal consequences for false domestic violence claims, which fall under the umbrella of harassment. According to ARS 13-2901.01, a false allegation can be punishable by a class 1 misdemeanor in Arizona, which can result in a maximum penalty of 6 months in jail and a $2,500 penalty.

The Role of a Domestic Violence Attorney

Arizona domestic laws can get complicated, so choosing to tackle domestic violence cases without the support of an attorney can be especially challenging to navigate. At the same time, it will be extremely difficult to combat a prosecution team looking to pin you with harsh charges on your own. It’s therefore essential to consult an experienced criminal defense attorney.

A knowledgeable attorney may be able to get your charges reduced or dismissed. A good lawyer will assess your case, examine the facts, and determine the best defense strategy.

All together, an attorney can support you in the following areas:

• Legal representation – An attorney will represent you in any necessary court hearings and trials to present a defense against the prosecution and push back against the allegations.
• Negotiations with the prosecution – A skilled attorney will help negotiate with the prosecution in search of a potential plea deal in search of dropped charges.
• Case strategy – Your attorney will review the facts of your case to help you build the strongest possible defense for your situation and pursue the best possible outcome.

Between the above advantages, contacting an attorney is the best way to increase your chances of receiving dropped charges. Because a criminal defense attorney has experience with such cases in the Arizona legal system, they will be the best possible resource for navigating the legal process.

Navigate Domestic Violence Charges with JacksonWhite

Domestic violence charges can only be dropped in specific circumstances, such as a lack of evidence or an uncooperative witness, due to the strict nature of Arizona domestic violence laws. Whether these charges can be dropped also lies in the hands of the prosecutor who can decide either to pursue a conviction or drop the charges entirely. If you’ve been charged with domestic violence, it’s crucial that you seek the support of a skilled criminal defense attorney to help you increase your chances of dropped charges.

Our team at JacksonWhite Law can help you navigate the legal system and create a defense strategy against your charges. With decades of experience in criminal defense, we have helped countless clients combat charges put forth against them. We provide our clients with a free initial consultation and case review so that we can find the best path forward for each case.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.