Domestic Violence Prosecution in Gilbert

The prosecutors in Gilbert and throughout Arizona are aggressive with domestic violence cases. Even if a named victim does not want to press charges, the prosecutors may go forward with the case anyway. As such, those facing domestic violence prosecution in Gilbert need skilled legal representation to defend their rights.

The dedicated defense lawyers at Grand Canyon Law Group are former prosecutors who know how to handle these cases the right way. We understand how the prosecution operates and can use that knowledge to pursue a positive outcome on your behalf.

Factors in Prosecuting a Case for Domestic Violence

The prosecutor needs several factors to bring a case for domestic violence—most importantly, an underlying crime. This can be any offense, such as assault, but it can also be non-violent crimes, like disorderly conduct or criminal damage.

Domestic violence describes any crime where the named victim has a domestic relationship with the defendant. This could be a spouse, ex-spouse, co-parent, family member, or roommate. For a prosecutor to bring a case for domestic violence, they must prove the alleged crime and the domestic relationship between the named victim and the defendant.

Both factors must be proven beyond a reasonable doubt for a conviction at trial. Our seasoned attorneys in Gilbert can challenge the prosecution’s domestic violence case and protect a defendant’s rights throughout the legal process.

Putting a Named Domestic Violence Victim on the Stand

For the prosecution, the benefit of putting an alleged domestic violence victim on the stand is that they can then use any of their past statements. If the named victim or witness does not show up to trial, anything that person had told the police previously is not admissible because it is hearsay. Even if a named victim gets on the stand to say they were incorrect or lied, the prosecutor can still use their past statements. All they have to do is be present.

The challenge of putting a named victim on the stand is that the prosecution cannot control what that person will say. They may try to help the defendant or change their story, which can undermine their credibility. These situations can be equally as unpredictable for the prosecution as the defense in a domestic violence case.

Evidence-Based Prosecution

If the named victim in the case does not show up, the prosecutor might dismiss the case. However, they may also proceed with evidence-based prosecution. This involves other forms of evidence, such as the responding officer’s observations at the alleged domestic violence incident. Our Gilbert lawyers can advise a defendant on what to do if their case proceeds with evidence-based prosecution.

Defend Against Domestic Violence Prosecutors with a Gilbert Attorney

A seasoned attorney at our firm can take several approaches when defending a person against domestic violence prosecution in Gilbert. For instance, we may try to get the case fully dismissed if the evidence is weak. We may also pursue an outcome that avoids a conviction, such as entry into a diversion program. Seeking a plea deal is another common alternative to trial that can prevent the severe consequences of a conviction.

Every prosecutor does things differently, making it important to work with a lawyer who understands the local legal system. At Grand Canyon Law Group, our attorneys have years of experience successfully defending those accused of domestic violence. Call us today to learn how we can help you.