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Mesa Domestic Violence Lawyer

Domestic violence charges are some of the most common criminal cases we see at Grand Canyon Law Group in Arizona. Some charges result from truly perilous circumstances where police intervention is necessary to address or prevent victims from suffering serious harm.

However, in our experience, the vast majority of people face domestic violence charges after simple disputes and arguments have escalated and the police take it out of the hands of the people involved.

Sadly, sometimes when people are angry, they lie or exaggerate in an effort to use the criminal justice system to punish someone else or to gain an advantage in an ongoing family law matter, such as a divorce or custody case.

You have options. These charges are some of the most dismissed charges we see. But the process is not easy, and it must be handled correctly.

If you are facing domestic abuse charges, you should reach out to a skilled criminal defense attorney who has spent time both prosecuting and defending criminal charges. Call a Mesa domestic violence lawyer today to schedule a consultation to learn about your options.

What is Domestic Violence?

Domestic violence is misunderstood and confusing. In truth, it is badly named. It is not about violence, necessarily. And it is generally not a crime in itself. It is what we call a “tag” or enhancement that is placed on other crimes. So a person can be charged with disorderly conduct, assault, criminal damage, or something else, and these crimes will be charged as domestic violence charges if the victim is related or connected to the defendant in a certain way (see below).

It is not about how “violent” the crime is, it is purely about the relationship between the “named victim” and the accused.

Domestic violence in Mesa can be charged even if an alleged abuser has not physically harmed an alleged victim. They could face serious charges for threatening future physical or emotional harm. Local attorneys could vigorously defend someone against domestic battery charges and work to avoid or reduce the penalties and the stigma of a domestic violence conviction.

Who Can Be a Domestic Violence Victim?

A person in Mesa can face domestic charges for alleged physical or emotional abuse of anyone with whom they have a domestic relationship. They can face charges for violence against any of the following victims:

  • A current or former spouse
  • A current or former romantic partner
  • child or grandchild
  • A child of a current or former romantic partner
  • A woman who is pregnant with an accused person’s child
  • roommate
  • A parent, grandparent, brother, sister, or any other relative by blood
  • A mother-in-law, father-in-law, or any other relative by marriage

Other Factors in a Domestic Violence Charge

When a lawyer assesses a domestic violence case, they will often consider the aggravating and mitigating aspects of the facts. Aggravating factors are things that could increase the penalties an accused person faces, while mitigating factors can help reduce their potential sentencing or avoid a conviction altogether.

There are many factors in Mesa domestic violence cases that someone without a legal background might not consider. If you are facing these types of charges, it is essential to work an experienced attorney on your defense. At the Grand Canyon Law Group, our attorneys are former prosecutors, well-equipped to combat the allegations against you and support you throughout the legal process – but you must call as soon as possible.

Aggravating Factors

Aggravating factors will determine whether a charge is misdemeanor or felony and what degree of penalties you will face. Factors that can escalate domestic violence charges include:

  • A broken bone
  • A cut that requires stitches
  • Serious physical injury
  • Use of a weapon or dangerous instrument
  • Two prior domestic violence incidents or convictions

It is crucial for anyone accused of domestic violence to discuss potential aggravating factors with a skilled local attorney. A strong legal defense may be necessary to avoid increased sentencing and potential jail time.

Mitigating Factors

One important task for a domestic violence defense attorney in Mesa is to identify the mitigating factors of the situation, or factors that lessen the seriousness of the penalties. Our lawyers are experienced in assessing all aspects of domestic violence case and determining factors that may mitigate the charges and their potential penalties.

For instance, if the defendant has been doing counseling or taking other steps to show that they are working on the issue while the case is pending, that could positively impact their verdict or pretrial negotiations. Additional mitigating factors that a lawyer could highlight include:

  • Past service to the community
  • Young age
  • No prior criminal history
  • Victim’s position on punishment

At Grand Canyon Law Group, our skilled legal team is always looking for mitigating aspects and weaknesses in the prosecution’s domestic violence case. Based on these various factors, we can advise an accused Mesa resident on pursuing low-risk negotiation outcomes or dismissal, if the case goes to trial. Additionally, our lawyers are well-practiced at arguing for reduced sentencing based on the mitigating information in a particular case.

What Are the Enhanced Penalties Involved in Domestic Violence Charges?

A domestic violence conviction can have lifelong and devastating effects. If convicted, people:

  • Will be prohibited from owning a gun (unless and until the conviction is “set aside” and rights restored.
  • Face loss of employment
  • Lose professional licensing
  • May face extensive jail time
  • Likely a lengthy and restrictive probation period
  • Will be required to enroll in domestic violence classes
  • Have negative effects on visitation and custody rights over their children

Arizona law classifies domestic violence charges as enhancements of actual criminal acts. That means that charges can enhance or escalate the charges of the underlying crime. In cases with domestic abuse allegations, people often face the consequences of their alleged violence immediately, even before a trial or conviction. In Mesa, AZ, upon being charged with domestic violence, people often receive emergency orders of protection or restraining orders, which may prevent them from being near their family. Also, Arizona police will often immediately seize and impound any weapons from people charged with domestic battery.

Felony or Misdemeanor Domestic Violence?

Since “domestic violence” is a tag or enhancement placed on other offenses, it can either be misdemeanor or felony. It is a type of “3 strike” law. Even if an offense would be a misdemeanor under the facts, it can be charged as a felony if a person has two prior convictions. This exposes the accused to prison, as well as all the other negative effects of a “DV” conviction.

Contact a Domestic Abuse Attorney in Mesa Today

An experienced domestic abuse attorney will know exactly how to defend these charges for the best outcome. It often results in dismissal after a “diversion program” or at trial, although going all the way to trial can be riskier and more stressful. It is vital that you know your options and the effect of any decision you make.

A conviction can permanently alter a person’s life. It can affect personal and professional reputation, employment, housing, freedom, right to bear arms, and their right to raise their own children. If you are facing abuse charges, it is essential to meet with an experienced attorney as soon as possible to fight these charges vigorously. Call a Mesa domestic violence lawyer today to see how they can help.

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