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WHAT CAN HAPPEN IF YOU'RE CHARGED WITH DOMESTIC VIOLENCE IN ARIZONA?

Posted by Raymond Kimble | Oct 03, 2024 | 0 Comments

The State of Arizona, including police, prosecutors, courts and probation officers treat domestic violence cases very seriously. Police are quick to take action aimed at protecting alleged victims against potential harm.  In fact, police will often arrest someone suspected of a domestic violence offense even if the other party is un-cooperative and expresses an un-willingness to prosecute.  Unfortunately, a domestic violence arrest can have very serious immediate and long term consequences.

What is Domestic Violence?

Domestic violence is not an actual criminal offense under Arizona law.  Rather, the term "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.  

The particular offenses which can be characterized as "domestic violence" crimes include:

  • Child Abuse
  • 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

Depending upon the underlying offense, a domestic violence accusation can be prosecuted as a misdemeanor or felony.  For example, engaging if fighting, violent or disruptive behavior (Disorderly Conduct) against a family member will likely result in misdemeanor charges while threatening a relative  with a handgun or causing serious physical injury (Aggravated Assault) will cause you to be prosecuted for a felony.

The Immediate Impact of a Domestic Violence Charge

Simply being arrested for domestic violence can result in serious difficulties before you are even convicted.  While the cases pending, you will likely be prohibited from:

  • returning to your own home
  • having contact with your spouse or other family member who claims to be a victim
  • being able to see your children
  • possessing a firearm 

Additionally, you might be served with an Order of Protection and will not be allowed to leave the state until the case is resolved.

The Punishment for a Domestic Violence Conviction

The penalties which might be imposed if you are convicted of a domestic violence offense depend upon a number of factors.  These include:

  1. Whether you already have a criminal record
  2. Whether the offense is prosecuted as a misdemeanor or felony
  3. The extent of any injuries to the victim
  4. The amount of damage caused to any property

Prosecution for a felony domestic violence offense can result in a permanent conviction on your record, the loss of important civil rights such as voting or possessing a firearm, the loss of a professional license and possible jail or prison.  Misdemeanor offenses can also involve jail sentences.  At a minimum, people convicted of a domestic violence offense must complete required education and counseling programs and must serve a term of probation.

Can Domestic Violence Charges be Defended?

Fortunately, simply being arrested or charged with a domestic violence offense does not mean that your life will be ruined.  To avoid the serious consequences associated with a domestic violence charge, you should immediately contact an experienced attorney who can help you achieve the most favorable outcome possible.  

Some potential 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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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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