Phoenix Domestic Violence Defense Lawyer

Phoenix Domestic Violence Defense Attorney

Domestic violence charges can stem from circumstances surrounding family, spouses, partners, and other household members. Even seemingly minor disagreements or disputes can escalate into legal trouble. Retaining an experienced domestic violence defense lawyer is essential for handling and minimizing the potential consequences of a conviction.

The team at Hallam Law Group is committed to providing compassionate and strategic defense, ensuring your rights are protected.

What Qualifies as Domestic Violence?

Before addressing domestic violence charges, it is essential to understand Arizona’s legal definition of domestic violence. According to Arizona Revised Statute Section 13-3601, domestic violence in Arizona includes acts of violence committed by one household or family member against another. Victims can be current or former spouses, partners, children, parents, housemates, or anyone else who lives in the same household. Different actions can be considered domestic violence under Arizona law, even if they don’t involve physical harm.

Domestic violence is not solely composed of physical acts. The legal designation of being a Domestic Violence crime, which adds certain enhanced legal consequences to a sentence, can be applied abusive behaviors such as:

• Stalking
• Harassment
• Emotional abuse like threats, intimidation, isolation, and control
• Kidnapping or unlawful imprisonment
• Sexual abuse like unwanted touching, rape, or any forced sexual touching
• Intimidation
• Verbal threats
• Psychological abuse, such as gaslighting, manipulation, and other tactics designed to undermine a person’s self-esteem
• Economic abuse, like withholding money
• Interfering with legal proceedings

Domestic Violence False Allegations in Arizona

False accusations of domestic violence can have devastating consequences for the falsely accused, even if the person is found innocent in a court of law. These serious repercussions can include arrest and incarceration, job loss, reputational damage, difficulties in child custody battles, loss of gun rights, and substantial financial burdens.

Individuals may falsely accuse others of domestic violence during contentious situations such as divorce proceedings or child custody disputes. But false accusations of domestic violence are all too commonly made as acts of revenge against an accused. It’s important to know when calling the police is the right choice to protect yourself and others.

Potential Legal Punishments for Domestic Violence

The severity of penalties for domestic violence charges will depend on factors such as what the offense was, criminal history, and any aggravating circumstances. These offenses are often classified as Class 1 misdemeanors or, in more serious cases, Class 5 or 6 felonies.

Misdemeanor convictions can result in jail time and fines.

• Class 1: Up to 6 months in jail and a fine of up to $2,500.
• Class 2: Up to 4 months in jail and a fine of up to $750.
• Class 3: Up to 30 days in jail and a fine of up to $500.

Felony convictions carry harsher penalties, including lengthy prison sentences and fines of up to $150,000.

• Class 2: 7 to 21 years in prison.
• Class 3: 5 to 15 years in prison.
• Class 4: 4 to 8 years in prison.
• Class 5: 2 to 4 years in prison.

Both aggravated domestic violence and third or subsequent convictions within seven years are considered Class 5 felonies and are punishable by 9 months to 2 years of incarceration.

Beyond potential jail time and fines, a conviction can have other serious consequences, such as probation, orders of protection, firearms restrictions, mandatory counseling, community service, and restitution requirements.

Potential Personal and Professional Consequences

In addition to legal consequences, a conviction can have far-reaching implications for your personal and professional life, including:

• Employment: Many employers conduct background checks, and a conviction can limit job opportunities, especially in fields requiring certain clearances or working with vulnerable populations like children or older people.
• Housing: Landlords may be hesitant to rent to individuals with a record, just as mortgage lenders may be unwilling to approve loans for housing because it may be deemed high risk to them.
• Child custody and visitation: Courts prioritize the best interests of the child, and a history of domestic violence can significantly impact custody and visitation rights.
• Immigration consequences: For non-citizens, a domestic violence conviction can lead to severe immigration consequences, including deportation or denial of citizenship.

Given the ramifications of domestic violence charges, it is important to understand the potential defense strategies that could be used to mitigate the consequences.

Common Strategies for a Domestic Violence Defense

While the consequences of a domestic violence conviction are severe, a robust defense strategy can preserve your rights and potential freedom. One key defense tactic involves challenging the evidence presented by the prosecution. By scrutinizing the accuser’s statement for inconsistencies, contradictions, or inaccuracies and highlighting the absence of physical evidence, a skilled attorney can weaken the credibility of the accusations.

Another potential defense is asserting self-defense, such as arguing the defendant acted in self-defense or to protect another person from imminent harm. Medical records, witness testimonies, or other similar evidence can support the claim.

In situations where the allegations are false, a defense strategy can highlight the accuser’s motivation to lie, such as jealousy, anger, or a desire for custody advantage. Successful domestic violence claims require guilt to be proven beyond a reasonable doubt, and creating this uncertainty over the validity of the prosecution’s claim could prevent a conviction for you.

The presence of mitigating factors can lessen the severity of the punishment. Some of these factors include lack of criminal history, age and maturity, military service, mental health challenges, achievements and recognition, and family and community ties.

Crafting a well-rounded and effective defense strategy can be done by an experienced domestic violence defense attorney. They can work to tailor their approach to the defendant’s circumstances and maximize the chances for a favorable outcome.

Why Do You Need a Domestic Violence Defense Attorney?

Experiencing domestic violence charges can be terrifying. It is important to understand that you have the right to legal representation, and hiring a domestic violence attorney can be a smart decision because they can:

• Inform you of your rights throughout the legal process.
• Help you understand the complex Arizona domestic violence laws and guide you through every step, explaining the charges, potential penalties, and your options.
• Build a strong defense by gathering evidence and interviewing witnesses.
• Represent you in court.
• Work to minimize potential consequences to protect your future.

In addition to retaining legal representation, there are ways to empower yourself while building a strong case.

What Can You Do to Help Your Domestic Violence Case?

If you have been charged with domestic violence, there are some proactive measures you can take alongside legal defenses to guard your rights. One crucial measure is to avoid contact with the victim. This can help prevent further incidents and demonstrate your commitment to a peaceful resolution.

Adhering to court orders, such as restraining orders or protection orders, is equally important. Failure to comply can result in additional legal charges and negatively impact your case.

Documenting all communications with the victim, law enforcement, and other relevant parties is essential. A detailed record of the incident(s) that led to the charges can strengthen your defense and aid in negotiations with the prosecution.

Retaining an attorney quickly will allow the attorney to get witness statements while the incident will be fresh in people’s minds.  Obtaining and retaining physical evidence close in time to the alleged domestic violence act is essential for a strong defense.  Ring cameras, video footage, or footage caught on video by nearby businesses, social media posts, text messages and computer content can be essential in bolstering the defense’s assertions of innocence.

At Hallam Law Group, we understand the emotional and stressful nature of these charges. Our team is dedicated to providing personalized legal guidance, compassionate support, and honest advice throughout the legal process.

FAQs About Phoenix,AZ Domestic Violence Defense Law

What Is the Statute of Limitations on Domestic Violence in Arizona?

The statute of limitations for domestic violence cases in Arizona depends on whether it is a misdemeanor or felony charge. It is one year for misdemeanor charges and seven years for felony domestic violence charges. In special circumstances, such as when the defendant leaves the state to avoid prosecution or the victim is a minor, the statute of limitations may be extended.

Can the Victim Drop the Charges?

While the victim of your domestic violence charge can influence the decision to pursue a domestic violence charge in Arizona, they do not have the direct power to drop the charges. The decision of whether to proceed with the case ultimately lies with the prosecutor. The prosecution must determine if they have enough evidence to pursue their claim without the victim’s testimony. In Arizona, a victim of domestic violence serves as a witness to the prosecution brought by the State of Arizona.  Since the criminal action is brought by the State, and not the victim, the victim cannot get the case dismissed themselves.

How Long Does a Domestic Violence Case Take to Resolve?

How long a domestic violence case takes to resolve will depend on the court schedule, how complex the case is, if there are any plea bargains, and how long the pre-trial motions take. Additionally, a victim’s willingness to participate in the legal process can impact how long the case will take. Generally, domestic violence cases can take anywhere from a few months to over a year to resolve.

What Should I Do if I’m Falsely Accused of Domestic Violence?

If you are falsely accused of domestic violence, remain calm and seek legal counsel immediately. Be respectful of law enforcement but decline to answer questions without your attorney. Gather evidence supporting your innocence, such as witness statements, text messages, medical records, and photos. Document all interactions with your accuser and witnesses, but avoid further contact with your accuser.

Is It Possible to Get a Plea Deal in a Domestic Violence Case?

Yes, it is possible to get a plea deal in a domestic violence case in Arizona. However, plea deals typically depend on the willingness of the prosecutor and if your attorney can successfully negotiate for one. Prosecutors look at whether you have a criminal history and how strong their evidence is against you when making that decision.

What to do if your accuser calls you on the phone?

Confrontation calls, where the alleged victim calls the accuser while recording the conversation, are common in domestic violence cases.  Police encourage victims to call their alleged abusers to get the accused to admit that the specific act happened and elicit an apology which is considered an admission in trial.  Do not text or speak about the alleged act/acts with anyone except your attorney.

Protect Your Future with a Phoenix Domestic Violence Defense Attorney

Don’t let domestic violence charges impact your future. Let Hallam Law Group support you through the complexities of Arizona’s domestic violence laws and aggressively fight to maintain your rights and interests. Contact us today for a free consultation.