All allegations of criminal activity are serious matters, but for the most part, penalties can only result after a criminal conviction or admission of guilt. However, domestic violence allegations can bring harsh consequences almost immediately after arrest. These are in addition to those that can apply after a conviction in criminal court.
A lawyer at Grand Canyon Law Group can further explain the Phoenix domestic violence penalties and work to prevent them from impacting your life. Our skilled attorneys will explain the state’s laws concerning protective orders and fight to mitigate the consequences of a conviction.
An arrest will result in police taking a person into custody and require a defendant to appear in court for an arraignment. The main purpose of this arraignment is to enter the charges into the court’s record and determine bail conditions.
However, these procedures can change when the case involves domestic violence allegations. According to Arizona Revised Statute § 13-3601, courts have the authority to create restraining orders that prohibit defendants from having any contact with the supposed victim. This can force a person to move out of a home, end a romantic relationship, or even lose contact with their children.
Furthermore, police making an arrest for a domestic violence charge can seize firearms from a person’s home and hold them for at least 72 hours. Our knowledgeable attorneys can further explain the domestic violence penalties that apply after an arrest but before a conviction in Phoenix criminal court.
All allegations of domestic violence involve a supposed violation of the state’s criminal code. It is not the nature of the offense that makes an allegation an example of domestic violence but rather the relationship between the defendant and the alleged victim.
A case moving forward as one of domestic violence can result when the people involved are family members or romantic partners or have a child in common. This determination can bring enhanced penalties for convictions involving violence such as assault, battery, or sexual abuse. In addition, Arizona Revised Statute § 13-3601 says that if an alleged victim is pregnant, a court may consider this fact when determining an appropriate sentence for a defendant.
Ultimately, the severity of domestic violence penalties will depend on the nature of the charges, as our local attorneys can explain. Many examples of domestic violence cases are misdemeanors that can bring up to one year in jail and a mandatory $100 fine. However, other charges are felonies that come with mandatory prison sentences. In addition, a third conviction for a misdemeanor domestic violence case in seven years will automatically make the offense a felony.
Various penalties for a domestic violence case can affect you as soon as you are arrested. A conviction for the case in criminal court can bring fines and time behind bars. Additionally, a mere arrest upon suspicion of domestic violence can have consequences, including the seizure of firearms and the creation of restraining orders.
Even before a case goes to trial, a domestic violence allegation can severely impact your life, making it essential to contact legal counsel. Call Grand Canyon Law Group today to discuss Phoenix domestic violence penalties and get the representation you need.