Domestic Violence
Under Arizona law, Domestic Violence is a very broad term applied to many different misdemeanor or felony charges (A.R.S. 13-3601). A Domestic Violence conviction can have devastating consequences that impact your life for many years.
The only standalone domestic violence offense is Aggravated Domestic Violence, a class 5 felony under A.R.S. § 13-3601.02 (3rd domestic violence offense within 7 years). But in the vast majority of cases, the term "domestic violence" is not an independent crime.
If you're involved in a violent altercation or even a verbal argument where the police are called, they will make an arrest and charge a specific crime, such as:
- Assault (A.R.S. § 13-1203)
- Aggravated Assault (A.R.S. § 13-1204)
- Disorderly Conduct (A.R.S. § 13-2904)
- Interfering with Judicial Proceedings (A.R.S. § 13-2810)
- Custodial Interference (A.R.S. § 13-1302)
- Criminal Trespass (A.R.S. § 13-1502)
- Criminal Damage (A.R.S. § 13-1602)
- Threatening and Intimidating (A.R.S. § 13-1202)
- Use of Electronic Communication to Terrify, Intimidate, Threaten, or Harass (A.R.S. § 13-2916)
Each of these crimes may be charged on their own as either a misdemeanor or felony. However, if police think certain Domestic Violence factors apply to the case, they may attach a domestic violence label to the charged crime. These factors are related to the relationship between the defendant and the "victim" and whether they're connected by any of the following:
- Romantic/Sexual relationship, past or present
- Children in common (born or unborn)
- Related through blood or marriage
- Live in the same home - even temporarily
It's easy to see how these factors could apply to most spats between family or friends. But many times police will make snap judgements relying on false information or exaggerated emotions.
In addition, the option to dismiss a domestic violence allegation is often at the prosecutor's discretion. In other cases, the "victim" and witnesses control the outcome of the case. In either case, it takes an skillful and experienced approach to resolve the case in your favor.
Guardian Law Group Lead Attorney Christian Lueders has spent years forming valuable relationships with law enforcement and prosecutors across the state of Arizona. Let us put that experience to work for you!
Call now to speak with a Domestic Violence Attorney -- (602) 935-5039