Whether it involves a simple argument involving foul language, an altercation in which some pushing or shoving occurs or an incident where serious physical injury or a weapon is present, there are extremely serious consequences which can result from being arrested or charged with a domestic violence offense.  In fact, and as a means of protecting a spouse, intimate partner or other family member from potential injury or further harm, both police and prosecutors take a very aggressive approach when dealing with individuals who have been accused of domestic violence.

(480) 833-8613 for Immediate Help

What is Domestic Violence?

Domestic Violence refers to specific crimes which are committed by intimate partners, household residents, people related by blood, spouses or individuals who share a child in common against each other.  Often, people who are arrested will note that they are charged with an underlying offense such as assault or disorderly conduct and a notation is made which indicates that the case involves "domestic violence."

Offenses Which Are Commonly Characterized as Domestic Violence Include:

• Assault                                                            
• Aggravated Assault
• Disorderly Conduct
• Endangerment
• Harassment
• Interfering with Judicial Proceedings
• Kidnapping or Unlawful Imprisonment
• Homicide
• Sexual Assault
• Stalking
• Threatening and Intimidating

Is Domestic Violence a Felony or Misdemeanor?

Domestic Violence offenses can be characterized as a felony or misdemeanor depending upon the particular facts of the case.  If an incident involves the use of a deadly weapon, such as a knife or gun, or if serious physical injury is caused, a person will likely be charged with a felony crime.  Incidents which do not involve a weapon or serious injury are often prosecuted as misdemeanors unless the suspect has domestic violence convictions in the past.

If charged with felony domestic violence, you will be ordered to appear in the superior court of the county in which the incident occurred.  You can also be held in jail or required to post a bond prior to being released.  Misdemeanor domestic violence offenses are prosecuted in city or justice courts.

What is the Punishment for Domestic Violence?

Again, people arrested for an alleged domestic violence offense are treated harshly from the very beginning.  Although the term "presumption of innocence" is commonly used in criminal cases, you will likely be prohibited from:

• Returning to your home
• Having contact with your wife and children
• Possessing a firearm

while the case is pending.

The Penalties Following a Conviction for Domestic Violence May Include:

1. Probation
2. Mandatory Counseling Classes
3. Jail
4. Prison - If convicted of a felony

How Can a Lawyer Help You?

Domestic Violence charges can result in harsh penalties imposed by the court and can also cause negative consequences on your future.  A conviction may leave a permanent mark on your record and may cause difficulties in maintaining professional licenses, a fingerprint clearance card and certain civil rights such as your ability to vote or possess a firearm.  Domestic Violence charges can also affect impact child custody and other family law issues.

If you have been arrested and charged with Domestic Violence, you should immediately contact an experience domestic violence defense lawyer.  An attorney who regularly defends individuals who have been charged with domestic violence can take immediate steps to protect your rights and ensure you achieve the most favorable outcome possible.

Defenses to a Domestic Violence Charge Might Include:

1. False Allegations - This often occurs in situations where there is a recent breakup, an impending divorce or child custody dispute.
2. Self Defense - You have a right to take reasonable action to defend yourself against a physical attack.  However, the measures you take to defend yourself from harm must be proportionate to the attack.
3. Defense of Property - You have a right to defend your property but again, your actions must be reasonable and cannot include deadly force.
4. Lack of Sufficient Evidence -  As in any criminal case, the prosecution must be able to prove each element of a crime beyond a reasonable doubt in order to obtain a conviction.
5. Violations of Your Constitutional Rights - If police obtain evidence through an unlawful search or question you in violation of your Miranda Rights, any evidence they find or statements you make might be suppressed.  

Call (480) 833-8613 for Immediate Help

As a former police officer, prosecutor and experienced Domestic Violence Defense Attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a  case 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 trials in all types of criminal  cases. If you have been arrested or charged with Domestic Violence  in Maricopa or Pinal County, call for immediate help. I regularly help people accused of domestic violence in Tempe, Mesa, Gilbert, Scottsdale, Chandler, Phoenix, Apache Junction, Casa Grande and all other cities throughout the East and West Valley.

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