Even though law enforcement in Arizona prosecutes most Domestic Violence cases as misdemeanors, a conviction of the offense can have long-consequences. You can lose your driver’s license, your right to possess a firearm or lose your job depending on occupation. It is imperative that you seek competent legal representation right away if you are charged with domestic violence.
What is domestic violence?
In Arizona, an assault occurs when someone intentionally or recklessly causes an injury to another person or touches another when the intention to cause injury. Assault becomes domestic assault when the physical conflict involves two people either living in the same home, related to each other, or involved in a romantic or sexual relationship.
Domestic violence cases are classified as class one misdemeanors in Arizona. If the alleged assailant unintentionally touched someone, or touched without causing injury, the assault is a class two or three misdemeanor.
What are the penalties for victims of domestic violence in Arizona?
Class one misdemeanors carry a penalty of a maximum six months in jail and a maximum $2,500 fine. Class two misdemeanors are punishable by a maximum fine of $750 and a maximum four months in jail. Those convicted of a class three misdemeanor may receive up to 30-days in jail and face a maximum fine of $500.
If the arresting officer on the scene of the conflict finds that the assailant owns a firearm, the officer may seize the weapon under Arizona law.
Defenses to domestic violence issues
Many domestic violence cases end with pre-trial negotiations. A first-time offender may not serve any jail time, and is placed on probation instead. The alleged assailant may choose to participate pre-trial diversion programs in lieu of jail time. However, participating in these programs cost money, and may be just as expensive as the fine.
If you are charged with the crime, offering a guilty plea may not be in your best interests. You may be involved in a child custody case, and the guilty plea will negatively impact how often, if at all, you get to see your children. You may be concerned about the impact such a plea will have on future employment, especially if you work in sensitive fields like teaching or coaching. You may not want to lose the right to own a gun.
If these matters are an issue or you someone has falsely accused you of domestic assault, an experienced defense attorney can defend you from the charges.
The attorney may be able to find inconsistencies in the police report and subsequent testimony that suggest the alleged victim imagined or lied about the assault.
The alleged victim may have struck first in a fight that turned physical or the accused may have been protecting a small child. Your attorney will look for evidence of a fight, or the presence of a weapon that may have been used to threaten the defendant and the children.
A lawyer will closely examine the police report to make sure they weren’t overzealous, overstepped their bounds or violated the Constitutional rights of the accused.
The R&R Law Group has the experienced attorneys needed to ensure that justice is served in domestic violence cases. We will listen to your side of the story and thoroughly investigate police behavior, their reports and the victim’s statements. We can negotiate a pre-trial settlement of the case to keep you out of jail, which keeps you out of going to court. Everyone deserves a vigorous defense against criminal charges by the state no matter what the crime is, and our lawyers will fight for your rights. Call or contact us today for a free consultation.