A domestic violence charge in Scottsdale can be life-altering. Once the police are called for an alleged domestic violence claim, the state has jurisdiction over the case whether or not the alleged victim rescinds the allegations or even desires arrest or prosecution.
Domestic violence convictions can have lasting personal and professional consequences. A skilled Scottsdale domestic violence lawyer at Grand Canyon Law Group who understands the statutes and case law can help you during this stressful time and work to ensure a strong defense strategy. We are former prosecutors specifically in the City of Scottsdale and have intimate knowledge of how to defend these cases for the best outcome.
Arizona Revised Statutes Section 13-3601 lays out the definition of domestic violence. Domestic violence is a criminal act listed in the statute, when the named victim has the following relationship with the person accused: the accused and defendant are or were married, in current or past a romantic or sexual relationship, lived in the same household, they have a child, are related by blood or court order.
According to A.R.S. Section 13-3601, a domestic violence charge can include any number of violent offenses such as:
If the domestic relationship exists between defendant and alleged victim, all the offenses can be charged as domestic violence. Sometimes to clarify, we say that someone is charged with a certain offense, like “Disorderly Conduct,” but it is charged as a domestic violence offense. It is a designation or tag that is placed on an underlying charge that creates devastating consequences.
Most domestic violence cases in Scottsdale (and all that are charged in Scottsdale City Court) are misdemeanors. Misdemeanors are class one (most serious), class two, class three, or petty offense (least serious). Under the law, the maximum penalties for misdemeanors are six months in jail for class one, four months for class two, 30 days for class three, and no jail time for a petty offense. Fines and probation can be imposed as well.
Further, under the Sentencing Provisions, pursuant to A.R.S. Section 13-3601.01, a judge can order one convicted of a misdemeanor domestic violence to complete a domestic violence offender treatment program. This occurs in virtually every “DV” conviction. If a person has a previous domestic violence conviction within 60 months, the judge may place the defendant on probation, and the person may be sentenced to jail as a condition of probation.
Felony domestic violence penalties are regulated by the class of felony one is convicted of. There are six classes of offenses; class one felony is most serious, and class six least serious. The Sentencing Provisions lays out the various sentencing ranges in accordance with the classes of offense. A seasoned Scottsdale domestic violence attorney at Grand Canyon Law can explain what applies to your case and how we will work to minimize the consequences in your case.
There are various defenses available to domestic violence charges. For example:
Constitutional violations such as insufficient evidence, lack of a warrant, denial of right to counsel, and police misconduct are other possible defenses. A local attorney experienced in domestic violence defense strategy could help in dismissal or reduction of charges.
A domestic violence charge can affect all areas of your life, personally and professionally. At times you may feel overwhelmed and alone. We are on your side. A Scottsdale domestic violence lawyer is the ally you need. Armed with years of experience dealing with prosecutors, police, witnesses, and judges, an attorney will work tirelessly on your case. Call Grand Canyon Law Group today.