Domestic violence and assault are commonly confused in criminal cases. People often think that these two crimes are completely separate, but this is not the case. Rather, domestic violence is a designation, or tag, placed on any crime where the named victim has a domestic relationship with the accused person.
If you have been accused of domestic assault, it is critical to understand the nature of the allegations you are facing. A knowledgeable domestic violence attorney can explain the relationship between assault and domestic violence in Mesa during a free initial consultation.
There are a few different ways to be charged with assault. Number one is to touch somebody in any way that is intended to insult, injure or provoke that person. This does not have to be a strike or punch, only an action that puts somebody in reasonable apprehension of physical harm. Even pretending to punch somebody could result in assault charges. Pointing a gun at somebody, even if no shots are fired, would be felony-level aggravated assault.
Different levels of physical injury result in different levels of assault charges. Minor assault charges can be low-level misdemeanors, while more serious charges can be felonies with mandatory prison time.
Because domestic violence can be tagged on to any crime, this offense is not inherently different from assault. Assault can be a domestic violence offense if the complainant is a person’s wife, or roommate, partner, ex-partner, or other close relationship.
Domestic violence can also apply to criminal damage. If someone breaks something that belongs to somebody else and the two parties have a domestic relationship, that qualifies as a domestic violence offense.
The classification of an offense as a domestic violence case could result in increased penalties. It is essential to work with a Mesa attorney who understands the relationship between assault and domestic violence to ensure that a case is properly handled.
The nature of an assault charge can make a significant difference in the way the case is handled. When an assault case involves domestic violence, it is often taken more seriously by the prosecution. Complainants often think that if they tell the police they do not want to press charges or inflict a penalty, the case will simply be dismissed, but this is not how assault cases work.
In Mesa, it is the state that presses charges, not the named victim in the case. This can complicate a case because the complainant may want to benefit or punish the accused, depending on the nature of the situation. The complainant will often have their own attorney advising them as well, which could influence the outcome of a case. An experienced defense attorney can make sure that the defendant is not unfairly prosecuted or taken advantage of by the state.
Assault charges that involve domestic assault can be stressful. You could be looking at years in jail, as well as significant fines and damage to your personal life. Even when charges are the result of a mistake or misunderstanding, your livelihood and reputation could be on the line.
Do not attempt to handle your criminal charges on your own. A dedicated lawyer at Grand Canyon Law Group can help you defend your rights in court and protect your way of life. To discuss the relationship between assault and domestic violence in Mesa with a legal professional at our office, call today.