Phoenix Domestic Violence Lawyer

What Is Considered Domestic Violence in Arizona?

According to Arizona law, domestic violence refers to verbal, physical, mental, or other violence committed against a child, spouse, former spouse, or another closely related individual.

Domestic violence takes many forms, including:

• Physically striking another person with your hands or feet
• Pushing or shoving
• Biting, scratching, and pulling hair
• Burning, scarring, and cutting
• Sexual abuse, including non-consensual sex with a spouse
• Sexual harassment
• Controlling and isolating behavior
• Financial abuse
• Constant name-calling, criticism, and other verbal abuse
• Psychological abuse
• Stalking, threats, or intimidating behavior

If your accuser chooses to rescind their allegations, you can still face domestic violence charges by the State. Even if you’re not sure about your case’s potential, we encourage you to consider your legal options. Having an attorney by your side from the very beginning can help build a compelling case.

Crimes Associated With Domestic Violence Charges

Domestic abuse does not always refer to an isolated incident. It can encompass a range of actions and may occur in conjunction with other criminal behaviors with their own classifications. Such crimes may include:

• Criminal trespass
• Stalking
• Threatening
• Kidnapping
• Unlawful imprisonment
• Physical assault
• Sexual assault
• First- and second-degree murder
• Manslaughter
• Disorderly conduct
• Child endangerment
• Reckless use of a firearm
• Drug possession

The charges you face along with domestic violence allegations vary depending on the circumstances surrounding the incident or incidents. A domestic violence lawyer in Phoenix, AZ, can help you understand the definitions of domestic violence under Arizona law. Once they understand your options, we can begin crafting your defense.

Penalties for Domestic Abuse Conviction in Phoenix, AZ

A domestic violence conviction in Phoenix, AZ, can create significant difficulties in every aspect of your life.

You could face:

• Jail time. Domestic violence is generally considered a class one misdemeanor. This can lead to six months in jail. If convicted of a class 2 misdemeanor, you could spend four months in jail. How long you spend in jail depends largely on your circumstances, including the severity of the violence.
• Loss of custody. Custodial disputes are heated matters. If convicted of domestic violence, the family court system may put restrictions on your custodial arrangement. It may impose supervised visits or limit how long you can spend with your children in one period.
• Hardships securing employment. A domestic violence conviction can come up in a background check. This can prevent you from holding certain positions.
• Problems finding a place to live. If convicted of domestic violence, the court could order you to remain a certain distance from the other party. This could force you to move from the family home——and even struggle to find affordable housing in your preferred neighborhood.
• Fines. The court may ask you to pay restitution based on the severity of the offense. These fines can cost anywhere from a few hundred to a few thousand dollars.
• Educational courses. You may have to attend anger management classes or other courses to teach you about domestic violence.

You don’t want any disruption to your day-to-day life. Our lawyers serving Phoenix aim to serve you.

Defenses Your Attorney May Use for Your Domestic Violence Case

When you face domestic violence charges, the prosecution must meet the burden of proof. This means that they must prove beyond a reasonable doubt that you committed domestic violence.

Evidence provided by the State must show that you are currently or were previously involved in a domestic relationship with the alleged victim, and that you committed domestic violence as defined under the law.

A criminal defense lawyer who focuses on Arizona domestic violence cases can examine the case presented by the State to find potential weaknesses. Using this information, your domestic violence lawyer can build a defense based on the particulars of your case.

Defenses we may use to fight domestic violence charges include:

• A lack of evidence indicating domestic violence
• Self-defense or the defense of others
• Establishing an alibi
• Incorrect or mistaken identity
• Insufficient evidence of intent or reckless behavior
• Coerced witness statements
• Forced confession
• Miranda rights violations
• Illegal search and seizure
• Procedural errors or misconduct
• Entrapment

How Our Attorneys Can Help With Your Domestic Violence Defense

Our legal team can conduct a comprehensive review of your case, including witness statements, police reports, photographs, and documentary evidence. Using our extensive knowledge of appropriate police procedures, criminal defense laws, and legal standards, we can find weaknesses in the prosecution’s case. We then build a defense strategy to target these weaknesses to seek the best possible outcome.

While our team cannot guarantee an outcome, we can:

• Request to have your charges dismissed or reduced
• Request or reduce bail
• Investigate the evidence
• Examine witnesses’ testimony
• Work out a plea bargain for reduced charges and a lower sentence
• Move to have evidence removed that is not consistent with legal standards, regulations, and procedures

Our Lawyers Have Secured Favorable Outcomes for Arizona Defendants

Gurion Legal has a reputation in Arizona for defending accused people. Some of our accomplishments include:

• The dismissal of a violent crime. Our client moved to Arizona, where he was arrested for disorderly conduct and assault——two allegations stemming from a domestic violence situation nearly 20 years prior. Once he retained us, we had the case dismissed in court.
• The dismissal of a domestic violence case. Our client came to us with several previous felony convictions. Then, the State accused him of choking his then-girlfriend—a class 4 felony. We filed to have the case dismissed after the State took too long to initiate legal proceedings. We succeeded.
• The dismissal of a domestic violence case on the first day of trial. The police arrested our client after having a loud argument with his girlfriend in his apartment complex. We rejected the State’s plea offer and moved for dismissal. Once the prosecution realized they couldn’t win, the State dismissed the case.

These are just some of the domestic violence cases we’ve previously resolved. While these outcomes may not reflect your own situation, we want you to know one thing: you’re not the first domestic violence defendant we’ve protected. We have years of experience managing cases like yours, and we can do everything possible to promote your future.

You Have Options Following a Domestic Violence Conviction

A judge and jury may have already convicted you of domestic violence. In that instance, our team could:

Appeal the Conviction

You could appeal the domestic violence conviction if:

• You did not receive adequate legal counsel.
• The prosecution improperly collected evidence.
• The prosecution motioned to suppress evidence that could have secured a better verdict.
• The prosecution violated courtroom procedure or protocol.
• Jury tampering affected the final result.

Our attorneys can review your case and determine whether you have grounds to appeal a conviction.

Set Aside the Judgment

If you already served your time for a domestic violence conviction, you could request that the court set aside the judgment. According to ARS § 13-905, the court may choose to set aside a judgment of guilt, which releases the convicted person from all penalties and disabilities associated with the conviction, with certain exceptions.

Setting aside a conviction allows you to vote and removes your conviction from certain background checks for housing and employment.

Seal Your Criminal Record

Currently, Arizona law does not allow you to expunge convictions (although this will change in 2023) ——meaning you can’t completely remove an offense from your criminal record. However, it does have a system where you can seal all case records related to your conviction.

This could be possible in your case if:

• You served the required jail sentence and paid all restitution to the other party; or,
• The State charged you with a crime, but it dismissed the charge, or the jury found you not guilty; or,
• The police arrested you for a crime but never officially charged you.

Sealing your record makes it harder for the State to use the domestic violence matter against you in subsequent criminal proceedings. Your domestic violence attorney in Phoenix can examine your situation and explain whether you can seal your record.

Frequently Asked Questions About Domestic Violence Cases in Arizona

Having answers to some of your most pressing questions allows you to make informed decisions regarding your case. Some of those questions may include:

Does the Alleged Domestic Violence Victim Have to be a Spouse?

Domestic violence charges can relate to anyone who lives in your household. That could be a spouse, romantic partner, child, or parent. The alleged domestic violence also doesn’t have to be physical. The other party could allege that you created an unsafe household through verbal threats, manipulation, and other related means.

It’s also worth mentioning that domestic violence isn’t exclusively about male/female power dynamics. Men can domestically abuse other men, and women can also inflict abuse on other women.

How Long Does a Domestic Violence Case Take?

Your case’s progression depends on many factors relevant to your situation, including:

• The evidence against you
• The prosecution’s desired outcome
• Whether you’re facing charges in addition to domestic violence
• The court system’s docket
• Your cooperation with law enforcement officials

You have the right to a fair and speedy trial under the American Constitution. Our team seeks to uphold your legal rights throughout your criminal case.

Do the Police Need a Warrant to Arrest Me?

Arizona law enforcement considers domestic violence to be dangerous crimes. So, in short, law enforcement does not need a warrant to arrest you.

They only need to:

• Have probable cause that domestic violence happened, and
• Believe you committed that offense.

If you believe that law enforcement wrongfully arrested you, our team can evaluate the circumstances of your arrest.

We can examine:

• Whether law enforcement had probable cause
• Whether law enforcement read your Miranda rights
• The evidence surrounding your arrest (for example, “he said, she said” allegations do not constitute an arrest)

Contact Gurion Legal to Learn More

A domestic violence conviction can cause significant challenges in every aspect of your life. Defend your right to fair representation against domestic violence charges. Contact our Phoenix domestic violence lawyer team today to discuss your case at (480) 800-0020.