Category Archives: domestic violence

Make no mistake, Arizona is tough on domestic violence to the extent domestic violence is most often classified within the highest level of the three kinds of misdemeanor crimes the state has. Should you be convicted of domestic violence, you can be looking at the following:

• Up to $2,500 in fines with additional surcharges to be paid as well as a jail sentence of six months.
• You may have the obligation of taking part in very intensive domestic violence classes totaling 52 hours of classes which may take between six to twelve months to successfully complete.

You may also face formal probation and the costs and penalties can escalate if you have some of the following convictions in your past. Read on to learn more.

First Offence Domestic Violence Charges in Arizona

Arizona law dictates the minimum a person who is convicted of domestic violence is a total of twenty-six rehabilitation classes which focus on domestic violence.

If the offense is classified as a misdemeanor, first time offenders may be sentenced to only spending a short time in the County jail. The confinement term will depend on the seriousness of the offense. For example, a class one misdemeanor may result in a jail sentence of up to six months. Most often, first time offenders who are convicted are spared jail but that is not always the case. The next step involves the convict having to do a mandatory unsupervised or supervised Probation term. You can expect fines to be levied against you but often the Court will forgive the fine if classes and counseling are successfully achieved. The Court may also request that the convict attend anger management classes or some form of behavioral counseling as well as mandatory domestic violence counseling. Community service may also have to be performed. There also may be a court order telling the convict to stay away from the victim and if a child or children is involved in the situation, you can expect Arizona CPS to become involved.

Second Domestic Violence Charge In Arizona

After you are one and done—the second strike is not as easy.  In these circumstances you are looking at considerably greater jail time and, god forbid, for a third consecutive conviction of domestic violence, it is likely it may be a felony charge with prison time as part of the sentence.  Prison terms exceed one year as opposed to jail which is one year or less.

Third Domestic Violence Charge In Arizona

If during a period of seven years you are found guilty for a third time, your life will not improve.  What is known as aggravated domestic violence is a Class 5 felony under Arizona law and the punishment can be up to 30 months in prison for an initial conviction.  Yes prison.  Yes 2 and ½ years.

Will I Still Get Charged if the Victim Drops the Charges?

If you tell the police there was a physical altercation when they arrive but it is sorted out now and you both wish to be left alone – it is highly likely the police will interpret this as an admission of committing a crime – and arrests and subsequent charges may well follow as a result. Because many people are first time offenders, they often do not realize what they say may be interpreted by the police as self-incrimination, providing ample evidence to make an arrest or more.  Do not ever talk to police.  Another fallacy is that it is the choice of the victim to pursue charges. But once the charges are filed, the prosecutor gets to decide that and not the victim of the domestic violence.  Think long and hard, before you dial 911—sometimes there is no coming back.

Sources: “Arizona Domestic ViolenceLawyers-Attorneys Misdemeanor-Penalites.” Tucson Criminal Law & Domestic Violence Information, https://www.tucsoncriminallaw.com/Arizona-Domestic-Violence-Lawyers-Misdemeanor-Penalites.

“Arizona Domestic Violence Laws.” Findlaw, https://statelaws.findlaw.com/arizona-law/arizona-domestic-violence-laws.html.

It can be immensely frustrating to go through the legal process when you have been accused of acts of domestic violence you did not commit. From restraining orders to court dates, not to mention the possibilities of arrest or even jail time and the fees from attorneys can add great stress to what are already difficult circumstances. Add not being able to have contact with your child or children and the prospect of facing consequences such as a long stretch of incarceration and it can break almost anyone.

Is there a way a prosecutor will decide to drop charges of domestic violence? Normally this will only happen in two circumstances, read on to learn more.

Proving Innocence

When you honestly did nothing wrong it is highly likely the charges of domestic violence against you will be dropped. There is an obligation of ethics binding prosecutors to ensure not a conviction but to make sure justice is done in each and every case they handle. When it is believed by the prosecutor that a crime has not been committed, or the evidence is insufficient to support the likelihood of a conviction, they are obligated to dismiss the case for not meeting with agreed and accepted standards of ethics.

Convincing law enforcement of your innocence can be multi-faceted if you want to be successful. Electronic evidence (for example, a CCTV camera) may show you were not even at the location at the time the incident was alleged to have taken place. Accusations of violence may not be backed up by the available physical evidence, however, although your instinct may be to protest as much as you can to law enforcement of your innocence, be very cautious about whatever you say or information you share with law enforcement.

Can The Victim Drop the Charges?

People sometimes falsely think charges of domestic violence are initially filed and then dropped by the person alleging to be the victim of said acts. This is not the case. They are in fact filed by prosecutors with the county or state. In circumstances where an alleged victim decides not to testify or will only testify under protest when it comes to trial, it may be there is insufficient evidence to warrant a prosecution – this is up to the prosecutor to determine. Many jurors go to great lengths to ensure a verdict of guilty is not passed in situations when the alleged victim has made their own decision that the case should not even be handled in a court.

Proving Innocence with a Domestic Violence Attorney

Without question, it is crucially important to seek the services of an experienced criminal defense attorney if you want your charges of domestic violence to be correctly assessed and argue on your behalf that they should be dropped.

Source: Coble, Christopher. “How to Get a Domestic Violence Charge Dismissed.” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2017/04/how-to-get-a-domestic-violence-charge-dismissed.html.

Charges of domestic violence are taken very seriously by courts. The truth whether you are innocent or guilty is the mere allegation of such acts can have a stigma that impact your life forever.

Undoubtedly millions of people are the victims of domestic violence every year. Sadly, a small number create and fabricate stories for reasons that are often revenge related. Besides being incredibly hurtful to the accused, they also hurt the credibility of genuine domestic violence victims. If you face accusations of committing acts of domestic violence or have even been charged with acts of domestic violence, it is crucial to contact a lawyer well versed in domestic violence law without delay – even when you have done nothing untoward.

What’s Domestic Violence?

A common belief is an act of physicality towards a girlfriend, boyfriend, husband, wife or partner defines domestic violence. This is not true. The participants in a case or cases of domestic violence do not have to be in a current or even former romantic relationship with one another for domestic violence laws to apply to their situation. For that matter, physical action is not the sole cause of acts of domestic violence.

Under Arizona law, domestic violence is defined thus: “Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

That definition is expanded so people who are related by marriage or blood are included as are other people who live in the same housing unit. The definition includes threatening physical acts even if they are not performed as well as physical acts that are performed. These charges can also be expanded to include the following:

• Throwing things at the victim (the victim does not have to be struck by them)
• Stalking
• Abuse that is sexual in nature
• Psychological and mental abuse
• Personal property destruction
• Cyberbullying

In certain circumstances, depending on the seriousness of the allegations, whether weapons were threatened with use or were used as well as the age of the individuals concerned in the case, charges for domestic violence can either be felonies or misdemeanors and the punishments will range according to those categorizations.

Understanding Charges of Domestic Violence

There are many and varied reasons why individuals may be accused of domestic violence. From disputes arising during the process of a divorce, from the stresses of child custody processes and hearings as well as the stress that comes from cohabiting in whatever relationship circumstances under one roof. In situations where the alleged victim is looking to gain marital assets during the divorce process or looking for custody of the children that have resulted from the marriage – they may be under the impression that if the other party is facing allegations or charges of acts of domestic violence, they will gain the upper-hand in the litigation.

Nonetheless, it is a fact a percentage of victims of domestic violence later decide not to pursue the charges they originally made or in some cases, they recant their testimony. Sadly, it is often a case of too little, too late. The decision to pursue charges of domestic violence lies entirely with the local government prosecutor. Domestic violence allegations are rightly taken very seriously and if the prosecutor decides to pursue charges the skills of a domestic violence attorney are vital in advocating for you.

Domestic Violence Lawyers Can Defend You

Facing wrongful accusations can be a shattering experience for everyone and can really damage your life and your future. The domestic violence attorneys at The Canterbury law Group can show help you to navigate the court system and reach the best possible result.

Source: Bajaj, Vikas. “What to Do When You Have Been Falsely Accused of Domestic Violence Charges.” Law Office of Vikas Bajaj, APC, 11 Apr. 2019, https://www.bajajdefense.com/what-to-do-when-you-have-been-falsely-accused-of-domestic-violence-charges/.