Defending a Domestic Violence Charge in Arizona

Posted by Raymond Kimble | Aug 12, 2017 | 0 Comments

Undoubtedly, Domestic Violence is a major problem throughout both Arizona and the United States. Each year, thousands of people are killed or injured by spouses, boyfriends, girlfriends and in extreme cases, even children.  Because of the negative impact impact domestic violence has on society in general, police and prosecutors take an ultra aggressive approach in dealing with this category of criminal offenses.

Domestic Violence Law in Arizona

Arizona Law 13-3601 Defines Domestic Violence as:

A.  any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

2. The victim and the defendant have a child in common.

3. The victim or the defendant is pregnant by the other party.

4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

Simply put, the offenses which may fall under the guise of domestic violence 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

Police Response to Domestic Violence:

Usually, police believe they are obligated to arrest one party when called to investigate an incident of alleged domestic violence.  Obviously there are many reasons for which police may make an arrest following a domestic violence incident.  These include, probable cause to arrest a suspect or offender, multiple responses to the same household due to similar incidents or a desire to separate parties for a period to avoid an escalation of criminal behavior and possible injury to a victim.

Potential Penalties For Domestic Violence:

Depending upon the nature of the offense,  whether someone was injured, a person's history, etc. there are many penalties associated with a Domestic Violence Conviction.  Initially, a person charged with a domestic violence offense in Arizona risks being convicted of either a felony or misdemeanor charge.  If convicted of a felony, an individual can be sentenced to prison or placed on probation.  With respect to misdemeanor convictions, a person can be required to serve jail time and at a minimum, must be placed on probation.  All domestic violence convictions carry mandatory monetary fees and also require participation in domestic violence counseling programs.

On some occasions, individuals charged with domestic violence offenses will be offered an opportunity to participate in a diversion program.  Diversion programs offer people a chance to resolve their cases without having a permanent conviction on their record.  Diversion can be completed after a guilty plea is entered but before an actual judgment of guilt is entered against someone or alternatively, in scenarios where prosecution is suspended for a period of time to allow someone to complete the required program.  

Possible Defenses to Domestic Violence Charges:

On some occasions, domestic violence charges are not supported by fact or are even fabricated by someone who may be attempting to gain an advantage in divorce or child custody proceedings. As with any criminal charge, a person suspected of a domestic violence offense has the absolute right to plead "not guilty" and defend themselves at trial.  The state must prove each an every element of a domestic voice charge beyond a reasonable doubt and produce witnesses and/or physical evidence to support make their case. Some of the defenses available to an individual charged with domestic violence include:

  • self defense
  • defense of a third party
  • defense of property
  • alibi
  • duress
  • consent

Call (480) 833-8613 for a Free Consultation

Defend Your Legal Rights and Reputation

If you have been charged with Domestic Violence in Tempe, Phoenix, 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 and has been defending people charged with these crimes for many years. Mr. Kimble knows how to prepare a solid defense, challenge the prosecution's evidence and negotiate a reduction or dismissal of the charges

With a seasoned Tempe criminal defense lawyer on your case, you will have your rights protected as your attorney fights to secure a favorable outcome on your behalf. Attorney Raymond Kimble has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been accused of domestic violence.

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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