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Facing any criminal charge is difficult, but especially so when the charge results from alleged domestic violence. Police and courts handle domestic violence cases differently than other crimes, and you could suffer considerable hardship even if you are never convicted of the crime. Don’t let this happen!
A seasoned domestic violence defense attorney could minimize that hardship and provide a vigorous defense to the charges. Contact a Mesa spousal abuse lawyer from Grand Canyon Law Group as soon as you get arrested.
There is no crime called spousal abuse in the state statutes. When someone refers to spousal abuse, they mean a domestic violence crime allegedly committed against a current or former spouse. Domestic violence allegedly committed against an intimate partner with whom the accused shares a home or children also could be termed spousal abuse.
Arizona Revised Statutes § 13-3601 defines these crimes. Some of the acts that could be domestic violence include:
The penalties for a conviction of a spousal violence crime are the same as for the underlying offense. However, police and courts handle these cases differently than other offenses. Anyone arrested for spousal abuse should immediately contact one of our experienced Mesa defense attorneys.
Domestic violence crimes are often misdemeanors, and usually, police need a warrant to arrest someone on a misdemeanor charge unless they witnessed the crime. However, when it comes to spousal abuse, police may arrest the person they believe is the aggressor even if they did not see the incident. If the incident allegedly involved a weapon or resulted in an injury to the alleged victim, the police must make an arrest.
A prosecutor can bring a case involving spousal violence without the cooperation of the alleged victim and can pursue a criminal case even when the alleged victim requests them to drop the matter. A prosecutor must seek the judge’s permission to drop the charge.
Prosecutors can seek a restraining order preventing the accused from approaching the current or former spouse, communicating with them via any means, or returning to a home they share. Both parties must observe the restraining order, even if the alleged victim does not believe it is necessary. In such cases, a Mesa spousal violence attorney can request an order to be drawn as narrowly as possible, to avoid unnecessary inconvenience.
The penalties for a domestic violence conviction depend on the underlying crime. A sentence might involve probation, fines, restitution, and in some cases, jail or prison time. Anyone convicted of this crime must take a six-month domestic violence prevention course and surrender their firearms.
Our Mesa attorneys from Grand Canyon Law Group examine the evidence of spouse violence and present a robust defense that exploits any weaknesses in the prosecutor’s proof. When an alleged victim is not a cooperating witness and the police did not observe the alleged incident, it is often possible to resolve a charge with minimal long-term consequences. Prosecutors are often willing to dismiss charges if the accused engages in counseling, anger management, or substance abuse treatment, as appropriate.
A defendant with two domestic violence convictions within the preceding seven years faces a Class 5 felony charge. The prosecutor could charge aggravated domestic violence even though the underlying crime is a misdemeanor.
A third conviction on misdemeanor domestic violence charges requires the offender to serve at least four months in jail and the sentence could extend to two and half years. If the offender has three prior convictions, the minimum time they must serve is eight months. Penalties are substantially higher when the accused has prior felony convictions.
Police and prosecutors take an aggressive stand when dealing with alleged instances of household violence. If you have been accused of spousal abuse, you need an attorney who will be just as aggressive in defending your rights.
Call Grand Canyon Law Group NOW and talk to one of our Mesa spousal abuse lawyers today. We can be at your side throughout the legal process and will work diligently to obtain the best resolution possible.
Grand Canyon Law Group
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