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Have You Been Charged With Domestic Violence In Arizona?

Posted by Raymond Kimble | Sep 07, 2022 | 0 Comments

What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and someone must be arrested for domestic violence. Domestic violence  charges in Arizona carry serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Tempe  or the greater Phoenix area  with a domestic violence or related offense, it's imperative to immediately contact a domestic violence defense attorney.

You have rights, and at The Law Office of Raymond A Kimble, we are here to uphold your rights and defend any allegations made against you. Call us at (480) 833-8613 to schedule a Free Consultation today.

Domestic Violence in Arizona

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives.  In  some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can be considered domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse. 

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. Domestic violence offenses are usually prosecuted at the state level, in Superior, Justice or City Courts.  However, Congress has passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

  • commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
  • stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
  • violate a qualifying Protection Order (18 U.S.C. Section 2262)

Consequences of Alleged Domestic Violence in Arizona

When a defendant is charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order, depending on your jurisdiction. Protection orders can be made even when the defendant isn't present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.

When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

  1. It can restrict a defendant's contact with the victim and their children; and
  2. It can require the defendant to leave the family home.

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law. 

Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction. 

Penalties for a Domestic Violence or Related Criminal Conviction in Arizona

The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior criminal history or protective orders. Generally, penalties can include but are not limited to:

  • Fines
  • Probation 
  • Domestic violence treatment or counseling programs 
  • Imprisonment

When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:

  • the level of injury sustained by the victim
  • whether a weapon was used or a child witnessed the crime
  • whether the crime violates an existing protection order
  • the personal characteristics of the victim, such as older age or pregnancy

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in Arizona. 

Can Domestic Violence Charges Be Dropped in Tempe?

Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the restraining order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.

Defenses to Domestic Violence Allegations in Arizona

A person can defend against a domestic violence charge in Arizona. However, the specific defenses available to a defendant will depend on the circumstances of their case. 

Some common defenses include:

  • Self-defense or defense of others, where reasonable force was used to prevent an attack
  • Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
  • False allegations, where the victim has lied about what happened
  • Accident, where the defendant unintentionally caused the injury

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to consult with a domestic violence defense lawyer about any allegations.

Contact a Domestic Violence Defense Attorney in Tempe Today

Call (480) 833-8613

If you've been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at The Law Office of Raymond A Kimble immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at (480) 833-8613 to schedule a Free Consultation today.

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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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For a Free Consultation please call (480) 833-8613 or complete the form in the sidebar. Mr. Kimble can be reached 24/7 and is available for appointments during the evening and on weekends as well.

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.