When people hear about domestic violence, they typically think of physical altercations between significant others or family members. However, domestic violence charges are not limited to relatives and intimate partners, and can include certain offenses committed against roommates.
A domestic violence conviction carries severe criminal penalties, so you need to act fast in finding legal counsel. Presenting a strong case in court could mean the difference between an acquittal and a lengthy prison sentence, which is where the legal knowledge and experience of a professional DV attorney comes in. A Gilbert roommate domestic violence lawyer from Grand Canyon Law Group can help improve your chance of providing a successful defense.
“Domestic violence” is a broad category that encompasses many types of underlying crimes. Some common forms of roommate domestic violence include assault, unlawful imprisonment, and sexual assault. What differentiates general forms of violence from a designation of domestic violence is the relationship between the people involved.
Per Arizona Revised Statutes § 13-3601, the domestic violence label applies when certain offenses are committed against a spouse, ex-spouse, co-parent, housemate, or relative. The proximity to and relationship of the parties in a domestic violence case complicates each person’s ability to get access to the resources they need to remove themselves from an unsafe situation.
To combat these special challenges, a domestic violence designation can have further-reaching consequences for those convicted of it.
Both sides of a roommate violence altercation can be arrested and charged for the offense, provided that the necessary elements of the crime have been met. An act of violence in self-defense does not qualify for a roommate violence charge in Gilbert. You need to call the Grand Canyon Law Group immediately if your charge was out of self-defense.
The penalties for a roommate domestic violence conviction depend on several factors that influence the severity of the charges, including what kind of underlying crime allegedly took place and how many prior convictions the defendant has. Prison sentences increase when a person is convicted for multiple instances of domestic violence per A.R.S. § 13-703.
When the roommate violence designation applies to acts of misdemeanor assault, the charges are automatically upgraded to aggravated assault, a Class 4 felony under A.R.S. § 13-1204(F). Class 4 felonies can be punished by one to 3.75 years of prison time for a first offense, 2.25 to 7.5 years for a second offense, and six to 15 years for three or more prior convictions. If a weapon was involved, the crime becomes a “dangerous offense” and can be punished by prison sentences of two to four years.
Aggravated assault is a Class 3 felony for causing life-threatening or permanently disfiguring injuries. For a first-time felony conviction, aggravated assault can be penalized by two to eight years in prison. A second felony conviction increases the range to 3.25 to 16.25 years, and three or more felony convictions raise prison sentences to 7.5 to 25 years in prison.
These are obviously serious penalties, which means you need to call Grand Canyon Law Group soon to get the best chance at constructing a defense.
The act of restraining or confining a roommate against their will can lead to an A.R.S. § 13-1303 unlawful imprisonment charge, a Class 6 felony punishable by three to 24 months in jail for a first offense, nine to 33 months for a second offense, and 2.25 to 5.75 years for three or more prior convictions.
Per A.R.S. § 13-1406, sexual assault is a Class 2 felony for engaging in sexual acts with a roommate without their consent. It is punishable by five to 14 years of incarceration for a first-time offense, seven to 21 years for a second offense, and 14 to 28 years for three or more prior felony convictions. Additionally, a person convicted of roommate domestic violence in Gilbert will be ordered to pay steep fines, attend an offender’s treatment program at their own expense, and they may become subject to a civil restraining order.
Fighting a domestic violence charge is a daunting experience. Fortunately, you do not have to face these challenges alone – but time is of the essence. The knowledge that an experienced Gilbert roommate domestic violence lawyer provides can help you present the best possible defense. Learn more by calling Grand Canyon Law Group today.