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Can a Domestic Violence Charge in Arizona be Dismissed

Posted by Raymond Kimble | Jul 12, 2022 | 0 Comments

When police respond to a domestic dispute, there is a strong likelihood that someone is going to be arrested.  Of course, for serious felony offenses, police have a responsibility to take action.  With respect to less serious or misdemeanor crimes, police will usually arrest the "at fault" party even if the complainant does not wish to cooperate in prosecution.  This is to avoid any escalation of the dispute and potential injury which might occur.

What is Domestic Violence in Arizona?

Although it may not sound logical, domestic violence is not actually a crime in Arizona.  Rather, specific offenses which are committed against a spouse, family member,  intimate partner, etc. may be labeled "domestic violence" based upon the relationship between the alleged victim and suspect.  When someone is charged with domestic violence, penalties over and above the usual punishment for their particular criminal conduct can be imposed.

Some of the offenses which can be characterized as domestic violence in Arizona include:

  • Abuse of a Child or Vulnerable Adult Abuse                                                               
  • Aggravated Assault
  • Assault
  • Criminal Trespass
  • Custodial Interference
  • Dangerous Crimes against Children
  • Disorderly Conduct
  • Endangerment
  • Harassment
  • Interfering with Judicial Proceedings
  • Kidnapping or Unlawful Imprisonment
  • Manslaughter
  • Murder
  • Negligent Homicide
  • Sexual Assault
  • Stalking
  • Threatening and Intimidating

Penalties for Domestic Violence in Arizona

The State of Arizona imposes harsh punishment upon anyone convicted of a domestic violence crime.  Depending upon the severity of an offense, individuals can be sentenced to jail or prison terms, placed on probation, ordered to complete counseling programs and pay fines and restitution.  Additionally, a conviction can affect housing and employment opportunities, the right to possess a firearm and child custody.

Can Your Domestic Violence Charges be Dismissed?

Many people arrested for domestic violence will attempt to contact the alleged victim and talk them out of pressing charges.  Unfortunately, this is a terrible idea as the decision to prosecute someone rests solely with prosecutors employed by the cities or county.  Moreover, a standing order issued by courts in domestic violence cases is that a defendant cannot have contact with any alleged victims or witnesses.  Consequently, attempting to influence an accuser can result in additional charges being filed.

To obtain the most favorable outcome possible, a person arrested and charged with domestic violence in Arizona should hire an experienced domestic violence defense attorney. There are a number of issues which can be utilized to obtain a dismissal of domestic violence charges. These include:

Uncooperative Witnesses - On many occasions, domestic violence arrests result from an argument, anger, jealousy, etc.  Victims often ask that charges be dropped very soon after their significant other has been arrested.  If witnesses fail to accurately recollect an incident or refuse to  appear in court, a prosecutor's case becomes much more difficult.

Lack of Evidence - The prosecutor must prove each and every element of a crime beyond a reasonable doubt in order for someone to be convicted of a domestic violence offense.  If there is not sufficient evidence to meet their burden of proof, if stories are inconsistent, or if there is no physical evidence,  the prosecutor may decide to dismiss charges.

Motive of the Accuser - In some cases, a domestic violence allegation may be motivated by a person's desire to get the upper hand in a divorce or child custody proceeding.  In these scenarios, a qualified defense attorney must use this information to convince the prosecutor that charges are not warranted.

Attorney, Raymond Kimble

-- Former Police Officer

-- Former Prosecutor

--Experienced Criminal Defense

Call (480) 833-8613 for Immediate Help with Your Domestic Violence Case

Domestic violence charges and the strategies used to defend against them can become very complicated. Additionally, the punishments imposed following a conviction can be harsh and have negative consequences on your future.  Therefore, consultation with a qualified defense attorney who can closely examine the facts of your case, negotiate a resolution and achieve the most favorable outcome possible is always in your best interest.

Attorney Raymond Kimble is a former police officer and felony prosecutor and  has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been accused of domestic violence. If you have been charged with Domestic Violence in Tempe, Phoenix, Mesa, Scottsdale, Gilbert, Chandler or any other city within Maricopa or Pina County,  it is vital that you contact a highly skilled criminal lawyer immediately. Tempe Domestic Violence lawyer Raymond Kimble will recognize available defenses, prepare a solid defense, challenge the prosecution's evidence and do everything in his power to negotiate a reduction or dismissal of the charges

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About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.