In Arizona, law enforcement and prosecutors pursue domestic violence cases aggressively. These charges are filed every day in every jurisdiction across the state. Convictions can lead to severe penalties that impact your career, family life, and reputation.
Prepare yourself for success in your case by speaking with an attorney about the prosecution of domestic violence in Tempe. The dedicated lawyers at Grand Canyon Law Group can explain your rights and represent you throughout the process.
Just like in any case, the prosecutor has the burden of proof to prove the elements of the charge beyond a reasonable doubt. In Arizona, domestic violence is an add-on allegation that prosecutors may attach to charges like assault, criminal damage, or disorderly conduct. In addition to proving the elements of the underlying offense, the prosecution must prove a relationship between the accused and the alleged victim.
This relationship is what constitutes the charge of domestic violence. The state’s domestic violence statute outlines various qualifying relationships, including family members, roommates, spouses, and current or former romantic partners. As our Tempe attorneys can explain, proving this relationship is one step in the process of prosecuting domestic violence charges.
Generally, the alleged victim in a domestic violence case will testify at trial. The alleged victim and the defendant are often the only two people present at the incident. If the prosecution brings the alleged victim to the stand in a domestic violence trial, our experienced Tempe attorneys can cross-examine them for any inconsistencies or inaccuracies in their testimony.
In some cases, the alleged victim may no longer support prosecution. They may recant or take back their allegations, deciding that they now support the defendant. The alleged victim cannot choose to drop the domestic violence charges—only the prosecutor can make this decision—but an uncooperative witness may hurt the prosecution’s case.
Beyond the alleged victim’s testimony, prosecutors must rely on other types of evidence. They may bring additional witnesses to the stand or present items that support their testimony. This could include photographs of injuries, medical records, and physical evidence from the scene.
Those facing domestic violence prosecution need representation from a skilled lawyer in the area. At Grand Canyon Law Group, we can gather evidence to support the defendant’s case and ensure the prosecution obtained its evidence through proper procedures.
There are several ways to defend someone charged with domestic violence. Our Tempe lawyers will want to get the defendant’s version of events and understand what happened from their perspective. Often, we can pursue a self-defense angle. There may be other justifications for the incident.
In other cases, the victim supports the defendant and does not want prosecution. They may testify inconsistently from what they previously said and refuse to cooperate with the subpoena. They may try to get the prosecutor to drop the charges. In these situations, our dedicated attorneys can work to convince the prosecution to lower or drop the domestic violence charges.
When facing domestic abuse allegations, you want to know what to expect throughout the process. Going in blind will leave you at a disadvantage. By understanding the prosecution of domestic violence in Tempe, you can better prepare yourself and pursue a positive outcome in your case.
The knowledgeable legal team at Grand Canyon Law Group is here to advise you of your rights and help craft an effective strategy for your situation. Give us a call today to learn how we can fight for you.