Minor arguments can quickly spiral out of control. When a disagreement results in a physical altercation, the consequences can be severe.
Contact a Phoenix, AZ domestic violence lawyer at Phillips Law Group if you are facing charges resulting from an incident with a member of your household or someone with whom you have an intimate or familial connection. Our skilled criminal defense attorneys can help you resolve the charge as favorably as possible under the circumstances.
What Is the Legal Definition of Domestic Violence?
Domestic violence is a catch-all phrase that encompasses many different crimes. Almost any violent act could be domestic violence if the alleged victim is a member of the accused’s family by blood or marriage, a former spouse, a current or former romantic partner, or a member of the same household.
Arizona Revised Statute §13-3601 lists many crimes that could be domestic violence when the accused and alleged victim have a qualifying relationship. These crimes include:
- Assault
- Battery
- Criminal trespass
- Endangerment
- Harassment
- Intimidation or threats
- Kidnapping
- Sexual assault
Crimes against children are also domestic violence crimes.
A domestic violence arrest can trigger enhanced penalties and a more complicated process than if the accused was arrested on the same charge allegedly committed against a stranger. It is essential for anyone facing domestic violence charges in Phoenix, AZ to contact a defense attorney at Phillips Law Group immediately.
Different Procedures May Apply in These Cases
When an officer has probable cause to believe domestic violence occurred, they may make an arrest even though they did not observe the crime being committed. Probable cause means that a reasonable person would believe a crime was committed in similar circumstances. When the alleged domestic violence results in a serious injury or involves a weapon, police must make an arrest when they believe there is probable cause that the accused committed the crime.
If there are weapons on the premises, officers can seize and impound them for at least 72 hours. Weapons seizure is not mandatory. The officers can leave weapons in place if the parties to the altercation agree and the police do not believe the weapons pose a threat.
A prosecutor can proceed with charges even when the alleged victim recants their statement or refuses to cooperate. When the police report is thorough, the parties’ statements at the time of arrest can be enough to obtain a conviction. For this reason, an accused person in Phoenix, AZ must invoke their right to remain silent and to call an attorney for representation at the first opportunity.
Alternative Sentencing May Be Available
The penalties for domestic violence are tied to the underlying charge. The underlying charge can be either a misdemeanor or felony, but a domestic violence conviction often means some time in jail or even prison. Depending on the circumstances, a Phoenix, AZ domestic violence attorney at Phillips Law Group might suggest trying to enroll in a diversion program rather than take a case to trial and risk incarceration upon conviction.
The Maricopa County Domestic Violence Diversion Program is an intensive program for people accused of domestic violence who can prove that they have suffered domestic violence at the hands of the victim in the current case. When an accused is accepted into the program, the prosecutor may suspend prosecution of the offense for up to two years. When a participant successfully completes the program within that timeframe, their criminal charges are dismissed.
Maricopa County also offers a program for veterans who received an honorable or general discharge from the armed forces. Participants are eligible for a range of counseling and other services. The prosecution of the charges is suspended for two years to allow the participant to complete the program, and charges will be dismissed if they do so.
Defend a Phoenix, AZ Domestic Violence Charge With Phillips Law Group
A domestic violence conviction creates a criminal record and could impact your work, housing, immigration status, and even child custody. Even if you believe the event was minor and the police reaction overblown, you must take these charges seriously.
Contact a Phoenix, AZ domestic violence lawyer at Phillips Law Group for help. We can provide an aggressive defense and resolve the matter as favorably as possible. Reach out to schedule a no-cost consultation with one of our local advocates today.
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