Domestic Violence Arrests Increase in Phoenix During the Holiday Season

Each year, beginning around Thanksgiving and lasting through New Years Day, police departments and news outlets throughout the Phoenix Area publicize the DUI Task Force and how many people are ultimately arrested.  What people don't hear about is the increase in domestic violence arrests which occur during the holiday season.

Unfortunately, with the increased stress that surrounds the holidays, financial pressures, family gatherings and alcohol consumption, disputes among relatives are commonplace.  These may range from heated arguments to child custody and visitation issues and assaults.  In many cases, police are contacted and the holiday celebration results in arrests, court appearances, incarceration and criminal prosecution

Domestic violence is defined in under Arizona law as:

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.

Common offenses which may be classified under the Arizona domestic violence statutes 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

Domestic violence offenses in Arizona may be classified as misdemeanors or felonies.  In either event, probation is mandatory.  However, a misdemeanor offense could involve time in jail while a felony conviction could result in a prison term.  Additionally, the rights to own a firearm can be forfeited and contact with family members who are alleged to be victims can be limited by the probation office or court.  

There are many strategies an experienced criminal defense lawyer can investigate when defending a domestic violence charge.  These include interviewing witnesses, evaluating police reports or physical evidence, examining legal issues or asserting claims such as self defense.  

Undoubtedly, serious consequences can result from a conviction for a domestic violence offense in Arizona.  If you are arrested or charged with any domestic violence offense, you should immediately contact an experienced criminal defense lawyer who can formulate a strategy in order to achieve the best possible result.  An attorney will interview witnesses, review police reports, negotiate with the prosecution and in some cases, represent you trial.

Protect Your Rights: Call (480) 833-8613

Raymond Kimble is a Phoenix criminal defense lawyer with vast experience in Arizona domestic violence laws. Mr. Kimble has successfully defended clients who have been charged domestic violence that includes physical, emotional, sexual and financial abuse. Mr. Kimble is also able to help with domestic violence cases that include child and elder abuse, as well as associated criminal charges, such as sexual assault, kidnapping, assault, homicide, etc.