ARIZONA DOMESTIC VIOLENCE DEFENSE ATTORNEYS
Not only is domestic violence a serious offense to be charged with, it also extremely emotional and personal. DV offenses deal with significant others, siblings, children and roommates. A person can be charged with a domestic violence offense even when there is no physical assault. Some of these offenses include criminal damage and disorderly conduct. Infinity Law Group has handled felony domestic violence cases in Maricopa County Superior Court as well as Pinal County Superior Court. We have also handled hundreds of misdemeanors in Maricopa County Justice court as well as municipal courts in Mesa, Gilbert, Phoenix, Tempe, Glendale and Scottsdale. Our Maricopa County based attorneys have been successful in obtaining acquittals after trial, negotiating dismissals and convincing the prosecutor to offer deferred prosecutions which ultimately result in dismissals.
Our attorneys recognize the harsh consequences associated with domestic violence convictions. Our attorneys are committed to providing a zealous defense. We carefully investigate and analyze witness testimony and review law enforcement reports for constitutional violations and procedural errors to build the strongest defense strategy. Our goal is to obtain the best possible outcome for each clients individual case.
Domestic Violence Based on Arizona Penal Law
Arizona Revised Statute §13-3601 defines domestic violence to include a “dangerous act against children” or a litany of other offenses where certain relationships between the parties exist. Criminal offenses range from murder to assault and even threats and intimidation depending on the circumstances. Violation of a restraining order also can constitute domestic violence. Examples of offenses listed in the statute include:
- Negligent homicide (A.R.S. §13-1102)
- Endangerment (A.R.S. §13-1201)
- Sexual assault of a minor (A.R.S. §13-705)
- Kidnapping (A.R.S. §13-1304)
- Criminal trespass (A.R.S §13-1502/A.R.S. §13-1503/A.R.S. §13-1504)
- Sexual assault (A.R.S. §13-1406)
- Custodial interference (A.R.S. §13-1302)
- Threatening or intimidating (A.R.S. §13-1202)
- Stalking (A.R.S. §13-2923)
- Assault/Aggravated assault (A.R.S. §13-1203/A.R.S. §13-1204)
- Unlawful imprisonment (A.R.S. §13-1303)
- Kidnapping (A.R.S. §13-1304)
- Child or vulnerable adult abuse (A.R.S. §13-3623)
- Criminal damage (A.R.S. §13-1602)
- Electronic communication to terrify, intimidate, threaten, or harass (A.R.S. §13-2916)
- Preventing or interfering with the use of a phone in an emergency (A.R.S. §13-2915, Subsection A)
- Harassment/Aggravated Harassment (A.R.S. §13-2921)/A.R.S. §13-2921.01)
When these offenses or others listed in A.R.S. §13-3601 involve certain prior or current relationships, the acts can trigger a domestic violence charge. The relationships covered by the statute include:
- Marital partners or prior marital partners
- Current or prior cohabitants
- Current or previous sexual or romantic partners
- Victim or defendant was impregnated by the other party
- Parents with a child in common
- Victim is a child who resides (or previously resided) in the household with the defendant, and the victim is related by blood or court order
Our Maricopa County domestic violence defense lawyers draw on their experience handling many cases of family violence to determine the most successful defense strategy and potential plea negotiation options. Our initial priority will be to determine the best way to pursue a dismissal of the charges or an acquittal after trial. Even when these are not viable options, we engage in an extensive investigation and tenaciously prepare the case for trial so that we can take a strong position when negotiating with the prosecutor.
The Consequences of a “Domestic Violence” Conviction in the State of Arizona
The consequences of a misdemeanor domestic violence conviction include the formal sentencing penalties, the long-term impact of a criminal record, and the special collateral effects of this type of conviction. If you or a loved one are convicted of a domestic violence charge, you could face up to six months in county jail plus a fine of up to $2,500. The collateral consequences of a domestic violence conviction also cannot be overlooked. For example, the court could impose an order of protection barring you from being in the immediate vicinity of the protected party. This order could prevent you from spending time with your children and even result in you being kicked out of your family home.
Aggravated Domestic Violence Penalties
“Aggravated” domestic violence offenses refer to charges that are elevated to a felony because the offense is serious in nature, or the person charged has prior offenses during the seven-year period preceding the current charge. If you commit a third or subsequent domestic violence offense within 7 years, you can be charged with aggravated domestic violence. While aggravated domestic violence can merit a Class 2 felony (or even Class 1 for murder), the least severe felony domestic violence charge is Class 5. The class of the underlying offense that leads to the domestic violence charge generally determines the grade of the domestic violence felony charged. For example, conviction of a domestic violence Class 4 felony (first offense) can include:
- 1 to 3.75 years imprisonment
- Fines of $750 to $150,000
- Counseling, Domestic Violence Classes
- Restitution, Fees, Assessments, Costs
- Community Service
Call to Arrange a Free Consultation with an Experienced Domestic Violence Attorney in Gilbert, AZ
If you or a loved one is charged with a domestic violence offense, our law firm has successfully represented many people facing these serious charges. We understand that a conviction of a domestic violence charge could have a serious impact on your career, family relationships, and access to your children, so our lawyers tenaciously work to obtain the best outcome. We are available 24/7 and offer a free initial consultation, so we invite you to call our Arizona defense firm today to learn how our legal professionals can help you.