Several Arizona laws, not all violent in nature, can be considered domestic violence if there is a qualifying victim. If you have a domestic relationship with the victim (including a spouse, roommate, girlfriend or boyfriend, grandparent, child, brother-in-law, etc.) and you are accused of committing one of the following crimes, you may be considered a domestic violence offender:
- Disorderly Conduct
- Criminal Trespass
- Criminal Damage
An officer uses their judgment when making an arrest in a domestic violence case. They do not need to witness the event firsthand, but rather, has to have probable cause that some domestic violence offense occurred and that you were the one to commit it. It can be as simple as a loud, heated argument or even just throwing and breaking a remote control.
There are various levels of domestic violence charges, from misdemeanors to varying levels of felonies. If you don’t have a prior record, typically criminal penalties are the same regardless of any domestic relationship between victim and the accused. If you are convicted of a second domestic violence offense, you might be put on supervised probation and must serve jail time. A third misdemeanor domestic violence charge (in an 84-month period) translates into a felony and may require prison time. If your charge involves serious bodily injury to the alleged victim or was carried out with the use of a weapon, you may be charged with a weightier felony. For example, Aggravated Assault carries a potential sentence of 5-15 years.
If you are facing domestic violence charges in the Phoenix area, you need an experienced lawyer on your side. The Mendelson Law Firm is dedicated to finding justice for our clients and has a solid reputation from years of successful legal representation. Please contact Wendy Mendelson for an initial consultation to get started on your aggressive domestic violence defense.