If you are accused of threatening or harming an intimate partner, you face penalties that could include jail time and fines. Unlike most criminal allegations, you also face consequences before you have a chance to prove your innocence in court. The court can issue restrictive protective orders preventing you from returning home or seeing your children.
In these situations, you need immediate representation from a Tempe spousal abuse lawyer. Arizona courts do not take these cases lightly and will prosecute defendants to the fullest extent permitted. The dedicated attorneys at Grand Canyon Law Group will work to protect your rights, freedom, and reputation against these accusations.
Domestic violence is an umbrella term covering crimes allegedly perpetuated against household members. Spousal abuse is the common term for domestic violence against a spouse, ex-spouse, or domestic partner. A person can be found guilty of domestic violence under Arizona Revised Statutes Section 13-3601 for various crimes against a spouse, including but not limited to:
Because spousal abuse is considered a violent crime in Arizona, law enforcement will likely arrest someone on the spot if they believe the crime occurred. After an arrest for spousal abuse, it is crucial to contact a Tempe lawyer as soon as possible.
Arizona charges spousal abuse according to the underlying crime. For instance, aggravated assault against a spouse is a Class 3 felony under ARS Sec. 13-1204. If the defendant is accused of severely injuring their spouse, they face Class 4 felony charges. If they violate a protective order when committing the assault, they face a Class 6 felony.
A Class 3 felony carries a sentence of two 8.75 years, depending on mitigating or aggravating circumstances. However, if the prosecution proves the elements of a dangerous offense under ARS Sec. 13-704, penalties can escalate to five to 15 years of imprisonment.
Those found guilty of aggravated spousal violence will be remanded to jail for at least four months. With three or more priors within 84 months, jail time escalates to at least eight months. A Tempe judge can increase the maximum sentence for domestic violence by two years if the spouse is pregnant. When the stakes are this high, it is crucial to work with a skilled spousal abuse attorney at our firm on a defense strategy.
Among the many spousal abuse charges, some require the prosecution to prove the defendant’s intent to inflict harm. Our Tempe lawyers can argue that the defendant never intended to harm their spouse to defeat the charges.
Self-defense may be another viable defense if both parties participate in the dispute. When a relationship becomes contentious, one spouse may be motivated to falsely accuse the other of abuse. The seasoned attorneys at Grand Canyon Law Group can investigate the spousal abuse allegations to determine potential defense strategies for the case.
When you are accused of crimes against your spouse, you must take the charges seriously. A conviction can impact every part of your life, including your career, housing situation, and family relationships. Taking a proactive approach is your best option for protecting your future and preserving your way of life.
A Tempe spousal abuse lawyer can explain the charges against you and help secure a positive outcome in your case. If you need help navigating the complex criminal court system and defending your rights, reach out to Grand Canyon Law Group today for a consultation.