Frequently Asked Domestic Violence Charge Questions
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Being arrested and charged with a Domestic Violence offense will place you at risk of severe consequences which can be immediate and also affect you well into the future. Police and prosecutors treat domestic violence allegations very seriously and will often arrest and prosecute suspects even if victims and witnesses are reluctant to cooperate. If you have been charged with domestic violence, there are many questions which may immediately come to mind.
1. Should I Hire an Attorney?
Representing yourself after being charged with a domestic violence offense is definitely not a good idea. Domestic violence convictions can result in very severe punishments. There are also other consequences which you might incur. Specifically, you might not be able to return to your own home, may lose the right to have contact with your loved ones and could face collateral issues in divorce or custody proceedings. Moreover, employment, professional licenses and fingerprint clearance cards can be paced at risk. Consequently, you should immediately consult with and retain an experienced domestic violence defense lawyer to protect your rights.
2. What is Domestic Violence in Arizona?
Under Arizona law, domestic violence is not a crime per se. Rather, domestic violence refers to specific crimes which are committed by one person against a spouse, family member, individual with whom a child in common is shared or another household resident. There are particular offenses which can include a domestic violence allegation. These include, but are not limited to assault, harassment, disorderly conduct, etc.
3. Is Domestic Violence a Felony of Misdemeanor?
Depending upon the underlying offense, domestic violence offenses can involve both misdemeanor or felony charges. For example, if you are charged with assault or disorderly conduct against a spouse, you will likely be charged with a misdemeanor. On the other hand, if the offense involves the use of a deadly weapon or you caused a victim to suffer a serious injury, the domestic violence charges may be upgraded to a felony.
4. What are the Penalties for a Domestic Violence Conviction?
At a minimum, any person convicted of a domestic violence offense in Arizona must be placed on probation and complete a domestic violence counseling program. Additionally, there are mandatory fees which must be imposed by the court. Finally, and depending upon whether you have been convicted of a misdemeanor or felony crime, a domestic violence conviction could also result in a jail or prison sentence.
5. Are There Other Consequences Which Might Result Following a Domestic Violence Conviction?
Aside from any punishment imposed by the court, a domestic violence conviction could result in other consequences. Specifically, a professional license or ability to secure or maintain employment will be placed at risk. The Department of Public Safety will likely revoke or suspend a Fingerprint Clearance Card. Additionally, you can lose your right to possess a firearm. Finally, domestic violence incidents can be considered by a court when deciding issues in a divorce or child custody hearing.
6. How Long Does a Domestic Violence Conviction Stay on Your Record?
The short answer is that a domestic violence conviction will remain on your record forever. However, Arizona law allows you to have certain convictions set aside and obtain a certificate of second chance after you have completed your sentence. Moreover, once a specific waiting time has passed, you can also apply to have your case records sealed.
7. Are Diversion Programs Available in Domestic Violence Cases?
In some situations, you might be offered the opportunity to participate in a Diversion Program as a means to avoid a permanent conviction and have your domestic violence case dismissed. The ability to complete a Diversion Program will depend upon the facts of your case, the specific charges filed against you and whether you have previously been arrested or convicted of any other charges. If offered Diversion, your case will be put on hold and you will be required to remain law abiding and complete any appropriate counseling program.
8. What Defenses Are Available to a Domestic Violence Charge?
As in any other criminal case, the prosecutor must prove every element of a domestic violence charge against you beyond a reasonable doubt. Depending upon the facts of your case, you may be able to argue that you were simply defending yourself, your property or a third person. You might assert that police searched you illegally, failed to advise you of your Miranda Rights or that aside from simply being present at an incident, you did nothing wrong. Finally, many people are falsely accused of domestic violence by ex-parters who are trying to gain an advantage in divorce or child custody disputes.
How Can Attorney Raymond Kimble Help You?
Call (480) 833-8613
As a former police officer, prosecutor and experienced criminal defense attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a domestic violence charge from all angles. I have represented thousands of people from all walks of life who have been charged with domestic violence offenses and have expertise in achieving a dismissal of the charges, negotiating favorable agreements and conducting jury trials in all types of misdemeanor and felony cases. If you have been arrested or charged with domestic violence in Gilbert, Chandler, Mesa, Scottsdale, Tempe or other city in Maricopa or Pinal County, call for immediate help.
Why Hire Raymond Kimble to Defend You?
1. Experience - Mr. Kimble was a police officer and detective for ten years, a DUI and Felony Prosecutor and has been practicing DUI and Criminal Defense for over twenty years.
2. Personal Attention - Mr. Kimble will be solely responsible for your case and be directly accessible to you during business hours, at night and on weekends.
3. Full Investigation of Your Case - This includes reviewing police reports, body camera video, laboratory results, witness statements and consultation with you concerning the alleged incident. Mr. Kimble will also consult with necessary experts to assist in your defense.
4. Research - Legal Issues as well as circumstances concerning the facts of your case or important witnesses will be closely examined.
5. Effective Negotiations - Often, intelligently crafted negotiations can lead to a reduction or dismissal of charges.
6. Clear and Honest Guidance - Mr. Kimble will fully evaluate your case and recommend the best course of action.