Domestic Violence Charges in Arizona: What You Need to Know
Being accused of domestic violence in Arizona can change your life in an instant, regardless of whether physical violence is involved. From misunderstandings to serious accusations, navigating domestic violence cases is complex, especially when it involves people you care about, such as a spouse, family member, domestic partner, or even a roommate. I’m Matthew Bartz with Armour Legal, a criminal defense firm in Arizona that has successfully helped many individuals facing domestic violence cases.
Understanding Domestic Violence Laws in Arizona
Many people are surprised to learn that the term domestic violence encompasses a wide range of actions, many of which may not even be violent. Under Arizona law, domestic violence is not a standalone crime; rather, it serves as a label to categorize crimes committed by individuals against those within the same household or family. These offenses can include:
- Assault
- Criminal damage
- Disorderly conduct
- Stalking
- Violating an order of protection
Domestic violence charges can lead to either felony or misdemeanor charges, both of which carry serious consequences, including fines, jail time, a permanent criminal record, and loss of gun rights.
The Interconnection of Domestic Violence and Other Crimes
It is important to note that domestic violence offenses are directly tied to other criminal acts under Arizona law. For instance, a simple assault can be classified as domestic violence if it occurs between family members or people living in the same household. Additionally, violating an order of protection can lead to charges for failure to comply with a court order, which may not seem severe but will appear on your criminal record as “Domestic Violence: Failure to Comply with a Court Order.”
Consider a situation where a spouse gets angry and smashes a glass or plate in front of a family member. This could be charged as domestic violence criminal damage, highlighting how surprising these charges can be.
The Legal Process: Navigating Domestic Violence Cases
Handling domestic violence charges in court can be overwhelming. Having a skilled defense lawyer is crucial to guide you through every step of the process. Here is how I typically approach these cases:
- Evaluate Your Life and Job: Understanding how a possible conviction could affect your life and career is essential.
- Determine the Alleged Victim’s Intent: We assess whether the alleged victim wants to support the prosecution in securing a conviction or prefers to help you achieve acquittal.
- Investigate Potential Defenses: We explore any defenses available against the underlying charge.
- Identify Mitigation Factors: We look for factors that could persuade the prosecutor to dismiss the charge or remove the domestic violence label.
It is crucial to remember that the relationship factor, whether familial, romantic, or even roommate, makes these charges distinct from standard criminal offenses.
Penalties for Domestic Violence Convictions
The penalties for domestic violence convictions vary based on whether the charge is classified as a misdemeanor or a felony. Possible consequences include:
- Jail or prison time
- Fines
- Mandatory counseling
- Loss of firearm rights, even for misdemeanor convictions
For professionals such as teachers and nurses, a domestic violence conviction could jeopardize your career by leading to the revocation of your fingerprint clearance card.
Domestic Violence Diversion Program
Some individuals may qualify for the Domestic Violence Diversion Program, which can help avoid a criminal conviction. If accepted, you will undergo an assessment and participate in classes. Successfully completing the program may lead to the dismissal of your charges, although there is no guarantee that the prosecutor will agree to this option. Prosecutors often approach these cases cautiously.
Act Now and Protect Your Future
If you or someone you know is facing domestic violence charges, it is crucial to act immediately. You need a lawyer who will take the time to understand your side of the story, challenge exaggerated claims, and fight for your rights. At Armour Legal, we are here to help.
Contact us for a free consultation to discuss your case and explore your best defense options. Let us help protect your future.