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If you have been arrested on a domestic violence charge, a lot is at stake. A conviction for domestic violence can follow you for life. It can interfere with your ability to find a job and housing, plus lead to severe penalties such as jail time. Protect your rights and freedom by hiring a Chandler domestic violence lawyer from AZ Defenders to stand by your side. Contact us now to start with a free consultation.
There are two parts to the definition of domestic violence in Arizona: assault and the relationship between parties. Assault is the crime of physically injuring someone, such as slapping, punching or kicking a person. When assault takes place between two parties within the same household, such as two spouses or former partners, it is domestic violence.
Domestic violence can take the form of physical or sexual assaults against a household member. Domestic violence can also, however, be nonphysical; it can be verbal, emotional or mental. Examples of nonphysical domestic violence are threats, intimidation, harassment, stalking, kidnapping, verbally abusing or putting someone in imminent fear of bodily harm. If you have further questions about what constitutes domestic violence in Arizona, speak with a Chandler criminal defense lawyer experienced in domestic violence cases.
Arizona Revised Statutes Section 13-3601 defines “domestic violence” as any act that is a dangerous crime against children or one of several listed offenses if the relationship between the two parties is one of marriage or former marriage, persons residing or have resided in the same household, persons who have a child in common (including a current pregnancy), relatives by blood or court order, or persons currently or previously in a romantic or sexual relationship. In addition, it is domestic violence if the victim is a child who resides or has resided in the same household as the defendant and is a blood relative to a former spouse or household member.
Arizona law lists many crimes that could constitute domestic violence, including but not limited to:
Violating Arizona’s domestic violence law can be a misdemeanor or felony depending on the nature of the crime(s) committed. The crime of domestic violence could be enhanced to a more serious charge in Arizona if there are aggravating factors. A.R.S. Section 13-3601.02 defines aggravated domestic violence as a third or subsequent violation of this law within 84 months. This crime is a class 5 felony in Arizona. Domestic violence committed with the use of a firearm or deadly weapon, or violence that causes serious bodily injury, is also an aggravated offense.
It is crucial to hire a criminal defense lawyer if you are facing domestic violence charges in Chandler. Taking on your defense alone could expose you to many harmful mistakes that hurt your case and ultimately lead to a negative outcome. Your entire future – including your freedom, constitutional rights, career and personal relationships – is at stake if you get arrested on suspicion of domestic violence. Don’t risk representing yourself.
An experienced domestic violence defense lawyer can help you in many ways, including:
You can count on your lawyer to handle all of the complicated and confusing aspects of your domestic violence case for you, including filling out and submitting necessary paperwork or going to trial. While you focus on rebuilding your life and moving forward, your criminal defense attorney will aggressively defend your rights and advocate for the best possible case outcome on your behalf.
A protective order is a legal document requiring one person to stay away from another. Protective orders are judge-issued documents that force someone – often an alleged abuser – to cease all forms of contact with an alleged victim. The goal of a protective order is to prevent further abusive behaviors. There are five different types of protective orders in Arizona.
As someone accused of domestic violence in Chandler, you may find that the alleged victim has taken out a protective order against you. If this is the case, it is extremely important to abide by the rules of the protective order. Failing to do so could lead to your arrest. Learn more about protective orders in Arizona by speaking with a Chandler domestic violence lawyer at AZ Defenders.
Be proactive in your defense as someone accused of domestic violence in Arizona. A criminal conviction can lead to life-changing consequences.
You are facing not only a potential sentence with fines and jail time but lasting consequences to your personal and professional life. If you are convicted of felony domestic violence, for example, you will lose the right to vote and bear arms forever. Have a plan in place for combatting the charges against you with the strongest possible defense.
According to state law, the penalties for a domestic violence crime include:
The potential penalties for domestic violence can vary considerably according to the defendant’s criminal history, the circumstances of the alleged crime, and whether it is charged as a misdemeanor or felony. Any type of conviction can come with lasting consequences for your rights, child custody options, employment and future as a whole.
Depending on the degree of the alleged assault and the age of the victim, you could be facing a class 3 or class 2 felony. A felony conviction in Arizona can rob you of your freedom and certain privileges. It can also make it more difficult to find employment and housing.
A domestic violence defense strategy may be available to you. Work with a Chandler domestic violence attorney who will listen to your story, analyze your criminal history and customize the right defense strategy for you. A few different defense options may be suitable for your circumstances:
A domestic violence defense attorney may be able to file a motion to dismiss the charges based on an argument such as wrong defendant or lack of evidence. A lawyer may also be able to negotiate a satisfactory plea deal based on your lack of a criminal record.
Deferred judgment refers to a judicial program that may be available in a Chandler domestic violence case, in which the defendant pleads guilty or no contest in exchange for the court deferring judgment and sentencing while the defendant completes probation and a mandatory counseling program. A criminal defense attorney can attempt to negotiate a satisfactory deferred judgment agreement with the prosecutor.
There are two diversionary programs available in Chandler: a Rule 38 diversion or an A.R.S. 9-500.22 diversion. The first means a case will be suspended while the defendant completes an anger management program. The second requires a guilty plea, but the judge will then put the case on hold while the defendant goes through a supervised domestic violence program. Once completed, the charges will be dismissed, and the guilty plea will be set aside.
The cost of your domestic violence lawyer will depend on the law firm and how much work your case entails. However, the price of a private defense attorney is well worth the benefits that you can receive from personalized services and high-quality representation – especially when facing a charge as serious and potentially life-changing as domestic violence.
The average price for a domestic violence defense attorney in Chandler is around $8,000, with prices ranging from $1,000 to $15,000. The typical hourly rate is around $100 to $300, plus a retainer to begin work on the case which is normally about $2,000. However, every case is unique. Find out exactly how much a criminal defense attorney will cost during a free case consultation at AZ Defenders.
Speak to a Chandler or Phoenix domestic violence attorney from AZ Defenders to learn more about the right defense for your case. We are experienced defense attorneys with a long track record of success. We can help you during this tough time and see you through to the other side. Call our law office at (480) 456-6400 24/7 or contact us online for a free consultation in Chandler, AZ.