Arrested For Domestic Violence In Arizona?
What Charges Will I Face For Domestic Violence?
Domestic violence is a sad but unavoidable truth in many relationships. Many people were raised in volatile households and don’t know when the line is crossed from regular arguments to domestic violence. Others are fully aware, and use domestic violence to maintain control in an abusive relationship. In Arizona, domestic violence is an indicator added to your charge to make it clear that the victim was someone with whom you have a close relationship. If you or someone you know is experiencing domestic violence, you can reach the National Domestic Violence Hotline at 800-799-7233.
Is Domestic Violence a Crime?
Obviously, domestic violence is a crime, or else you wouldn’t have been arrested for it. It is always illegal to assault another person, regardless of the relationship you share with that person. But if you’re arrested for domestic violence, you probably won’t just see literally “domestic violence” in the charges against you. There are several other criminal charges that can apply in domestic violence situations.
Some criminal charges may include:
Preventing Use of Phone in an Emergency
Interference with Judicial Proceedings
Is Domestic Violence In Arizona a Felony Or Misdemeanor?
If this is your first domestic violence conviction, you will have to complete at least 26 weeks of domestic violence counseling. This is mandated by the state and can’t be waived by the court. For a second conviction in a 7-year period, there is mandatory supervised probation and at least one year of domestic violence counseling. These are both, on their own, misdemeanor convictions. A third domestic violence conviction in a 7-year period will be charged as aggravated domestic violence, which is a felony.
What Are The Punishments If I Am Convicted?
A domestic violence conviction will have several negative repercussions on your life. The penalties you will face will depend on which class of misdemeanor with which you are charged. If you are facing felony domestic violence charges, the punishments will be much harsher. If you are convicted of a class 3 misdemeanor domestic violence charge, the maximum penalties are $500 in fines, one year of probation, and one month in jail. The maximum penalties for a class 2 misdemeanors are $750 in fines, two years of probation, and four months in jail. The maximum penalties for a class 3 misdemeanors are $1,500 in fines, three years probation, and six months in jail.
What Types Of Relationships Qualify For Domestic Violence?
You can’t be charged with domestic violence for an altercation with a random stranger passing you on the street. You must have a certain type of relationship with the victim for domestic violence charges to apply. While most people think of domestic violence as violence between two romantic partners, it can actually apply in other circumstances. For example, you can be charged with domestic violence if the victim lives in your household. Domestic violence charges can also apply for former romantic partners, parents of each others’ children, or someone who is pregnant with the other’s child. The domestic violence victim can be related to the aggressor either by blood or by law. It is also considered domestic violence if the victim is the child of the aggressor’s romantic partner.
If a Couple Is fighting, Who Is Going To Get Arrested If The Police Are Called?
The first thing the police like to do is physically separate the parties involved in the domestic dispute. Everyone there, including witnesses, will be interviewed, so the police can have a clearer version of events. They will also examine all the available physical evidence, including physical injuries. It will then be up to the police to piece together each party’s statement and the evidence at the scene to decide who was the aggressor and victim. Most of the time, the police are required to arrest someone if there has been a domestic violence altercation. You can expect that if the police show up after a domestic violence physical altercation, someone will be spending the night in jail. If you believe you are wrongly brought in as the aggressor in the situation, you will need to create a legal defense with your Arizona defense attorney. You can either use a court-appointed public defender or hire your own private defense attorney.
What Are Some Examples Of Domestic Violence In Arizona?
Domestic violence doesn’t only mean physical violence in an argument between a couple. If someone is arrested for hurting another family member, such as their parent or child, their charges will also be designated as domestic violence charges. If someone tried to keep their roommate barricaded inside their room or prevent them from calling the police, this would also qualify as domestic violence. Someone could also be charged with domestic violence for abusing their partner’s child. Domestic violence encompasses a broad array of crimes against several types of people. If you need to discuss your charges with an experienced Arizona defense attorney, call 480-833-8000.
Should I use Self Defense In The Face Of Domestic Violence?
You have the right to protect yourself if someone – including your romantic partner – is trying to physically harm you. However, many people don’t realize there are limits to what is acceptable self-defense. First, deadly force can only be used in self-defense if you reasonably believe someone is going to kill you or sexually assault you. Self-defense must be reasonable and proportionate. Reasonable means that your anticipation was appropriate. When looking at what is proportionate, the court will take into account the party’s relative sizes and strengths. So if a 5’2” wife slaps her athletic 6’3” husband across the face, it isn’t proportionate for him to “defend” himself with several closed-fist punches. However, the facts in most domestic violence situations aren’t so clear cut. You can discuss your situation with our Arizona defense attorneys free of charge at 480-833-8000.
Can I Convince My Partner To Drop The Charges Against Me?
In Arizona, the state is the one pressing charges and prosecuting domestic violence charges, not the victim. Your partner can give input to the prosecution about the event, but it will ultimately be up to prosecution to decide whether to pursue charges. If there is a protective order in place, do not violate it to discuss the charges with the victim. The best thing to do is discuss your next steps with your defense attorney.
Experienced Defense Representation Against Serious Arizona Charges
A domestic violence conviction not only comes with strict penalties, but will be a mark on your criminal record that can follow you for the rest of your life. A domestic violence conviction can also impact other important situations in your life, such as child custody proceedings. It could decrease your chances of being hired for jobs and having your applications accepted for residential rental communities and more. With all that’s on the line, you may not trust leaving your future in the hands of a government attorney.
In a criminal matter, you always have the right to hire your own attorney rather than one the court appoints for you. Your private defense attorney can begin working on your defense promptly, finding evidence and testimony that could weaken the prosecution’s case against you. This can help convince the prosecution to reduce or even drop your charges. And if your case goes to trial, our Arizona domestic violence team of lawyers can help you achieve a not guilty verdict.
Our experienced AZ criminal defense lawyers have the skill set necessary when you’re facing allegations of domestic violence. Additionally, our affordable rates and payment plans make it more feasible for you to obtain high quality legal counsel during this stressful ordeal. To get started, fill out our online form or call 480-833-8000 today.
LISTEN TO THE PODCAST VERSION OF THIS ARTICLE
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603