Having a domestic violence charge on your record can tarnish your reputation long-term. Even if you can prove you were not at fault and were falsely accused, you should still seek the help of a Scottsdale domestic violence defense lawyer. It can be hard to defend against these allegations.
While it may seem simple enough to try and just show the evidence you have on your own, there are essential steps to take. A Scottsdale violent crimes lawyer from Suzuki Law Offices can help you make the next strategic move in your defense. We are available 24/7, even on weekends.
What Constitutes a Domestic Violence Charge in Arizona
When you are accused of a crime, your Scottsdale criminal defense lawyer is here to help. Domestic violence is not its own separate crime; it is a label that is added to an existing charge when specific relationships are involved. For example, Arizona law § 13-3601 applies if the victim and the person accused are connected by current or former spouses, romantic partners, close family members, or co-parents. Crimes like stalking, assault, criminal damage, disorderly conduct, and harassment all fall under this umbrella if they happen within these types of relationships.
Whether a domestic violence charge is a felony or misdemeanor will depend on the actual crime. A misdemeanor is a simple assault or minor threat that usually results in fines, short jail sentences, or probation. A felony is more of a repeated offense or aggravated assault that comes with a harsher consequence like prison, losing rights to a firearm, and mandatory counseling.
Courts may also issue a protection order if necessary. If you feel the protection order was not necessary and uncalled for, you can potentially fight that as well. Your domestic violence defense attorney in Scottsdale can help with the steps to do this.
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Get StartedWhat May Happen When Police Believe a Domestic Violence Offense Happened
When police think that a domestic violence offense occurred in Arizona, they are required to take action. If there is probable cause, the responding officer has the authority to arrest on the spot, even if the victim does not want to press charges. Once an arrest happens, the case will be handed over to the prosecutors, and it will then be up to them, not the victim, to decide whether to move forward.
In most cases, a protective order will be put in place to keep the accused away from the alleged victim during the investigation. This order could mean not having any contact at all, including messages or phone calls, even if each party would like to reconcile. If a violation of a protective order occurs, even in an accident, this could lead to even more charges and make the situation worse.
After the arrest, the accused will likely face a court hearing where the charges are outlined, and bail may be considered. If the charges remain, the accused may face penalties that, depending on the severity of the crime, may include fines, probation, jail, or prison time. A domestic violence case may also have long-term consequences that a lawyer from Suzuki Law Offices can help you understand.
Lawyer Near Me 602-682-5270Possible Penalties for This Type of Charge
The penalties for a domestic violence charge in Arizona can vary. They will depend on a few factors. Some that will depend on whether it is a misdemeanor or a felony include:
- Misdemeanor penalties: This type of penalty comes with up to six months in jail, mandatory domestic violence classes, probation, and fines.
- Felony penalties: This may include long-term probation, loss of civil rights like firearm ownership or voting, mandatory counseling, hefty fines, and prison time.
The charges will not disappear once your case closes. They can affect any custody arrangements you may have, strain personal relationships, and make it harder to keep and find a job. The impact can stay with you for years, even after you go through the legal process.
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Common Defenses for a Domestic Violence Charge
When you face a domestic violence charge, it can feel stressful. Thankfully, some defenses have the potential to help. Some of the most common defenses include:
- Self-defense: This defense includes showing that actions taken were necessary to protect yourself or someone else from harm. For example, maybe someone was coming up to you viciously, and you had to protect yourself from getting hurt more than you would have otherwise.
- False accusations: If you have proof, you can claim that the event never happened and that the alleged victim made up the entire story. Unfortunately, this type of scenario does happen, and you just need a lawyer to show you how to defend yourself against false domestic violence accusations.
- Lack of evidence: If the person accusing you does not have sufficient evidence, you can argue that they are lacking proof.
Each case is going to be different. The best defense for your specific case is going to depend on the situation. Your domestic violence defense lawyer in Scottsdale is ideal to work with to see the best strategic moves you can take.
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Ways to Potentially Help Your Domestic Violence Case When Accused
When you have been accused of domestic violence, the first thing you will need to do is hire a good attorney. They can help you understand your charges and figure out your next best move. Having someone on your side can make all the difference as opposed to trying to go through it on your own.
Follow any protection orders completely and avoid contacting the alleged victim. Even a violation you made in an accident may lead to more charges and make the case harder to fight. You should always remain cautious about what you say to other people so it does not hurt you in court.
Make sure to gather evidence from the beginning. Save all emails, text messages, and anything else that can prove your side of things. Remain calm and keep all of your proof organized so your lawyer can help in the best way possible, especially if your situation is one of the common reasons domestic violence cases get dismissed.
Let a Scottsdale Domestic Violence Defense Attorney Prove Your Side
This type of charge can ruin your reputation. It is important to make sure you go about the process properly. Reach out to our team at Suzuki Law Offices so we can help you get started with a consultation to see how we can help you.
Call or text 602-682-5270 or complete a Free Case Evaluation form
