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Being accused of domestic violence can turn a person’s life upside down. Domestic violence allegations not only often warrant jail time, high fines, and other criminal penalties, but they are also devastating to a person’s reputation. That said, if you’re facing domestic violence charges in the Phoenix Metropolitan Area, it’s imperative that you contact a skilled Tempe criminal defense lawyer who can protect your rights and future. The Weingart Firm, PLLC has fought on behalf of those accused of domestic violence for decades, and we’re here to fight for you, too.
Phoenix criminal defense lawyer and former judge Mark Weingart and his legal team know Arizona’s domestic violence laws and have successfully defended people who have been arrested for domestic violence and other related criminal charges, such as sexual assault, assault, stalking, and harassment. Our domestic violence lawyers will strive to reveal all the facts of the case and help those who have been wrongfully accused.
In Arizona, domestic violence usually refers to violent or emotional abuse within the home occurring between spouses, boyfriends and girlfriends, current or former romantic or sexual partners, parents and children, and divorced couples. Domestic violence can include threats, put-downs, financial control, sexual abuse, isolation, intimidation, and violent acts.
Arizona’s Domestic Violence Statute lists abusive behaviors that can be considered to be domestic violence, such as:
Under Arizona law, acts of domestic violence may be charged as one of several crimes, including assault, aggravated assault, threatening or intimidating, kidnapping, criminal damage, or interfering with judicial proceedings. Depending on the circumstances of the case, domestic violence may be deemed an “aggravated” crime.
This is where many cases are won. The domestic violence designation only attaches if you and the alleged victim fall into one of the relationship categories in A.R.S. § 13-3601(A). Those categories include current or former spouses, people who live or previously lived in the same household, parents of a shared child, a pregnancy between the parties, blood and in-law relatives, and current or former romantic or sexual partners. That last category surprises people, as it can apply even if you never lived together. If the State cannot prove a qualifying relationship, the DV designation should not apply, though the underlying charge may still stand.
Domestic violence is not always charged as a separate crime. Instead, it is often an allegation attached to another criminal offense, such as assault, harassment, or threatening. The penalties you may be facing depend on the underlying charge, whether the offense is classified as a misdemeanor or felony, whether injuries were alleged, and whether there are prior domestic violence convictions. Some of the potential penalties you may face for various charges are listed below.
Simple assault is often charged as a misdemeanor, though it can be elevated depending on the circumstances. A Class 1 misdemeanor assault conviction may result in:
If serious physical injury is alleged, or if a weapon is involved, the charge may be elevated to aggravated assault, which is a felony and can carry multiple years in prison
Sexual assault is always a felony in Arizona and is treated extremely seriously by the courts. A conviction may result in the following penalties:
Stalking and intimidation charges vary depending on the conduct and whether threats of serious harm were made. That said, penalties for these charges can include the following:
This offense is often charged as a Class 1 misdemeanor, but can be elevated in certain cases. Some penalties you may face are as follows:
Harassment charges may arise from repeated communication, following, or other conduct intended to alarm or disturb another person. A Class 1 misdemeanor harassment conviction may result in:
Violating a protective order is taken very seriously, even when the alleged violation involves something as simple as a text message. Potential penalties may include:
Property damage in a domestic situation is frequently charged as criminal damage, and penalties depend largely on the value of the damage alleged. Some of the penalties for these charges can include:
A person may be charged with aggravated domestic violence if:
Aggravated domestic violence is a Class 5 felony, and a person with two prior domestic violence convictions within 84 months is not eligible for probation, pardon, or suspension of sentence until at least four months in jail have been served.
Yes. If you are convicted of a misdemeanor domestic violence offense, the judge is required to order you to complete a domestic violence offender treatment program at a court-approved facility. This is not discretionary. First-offense programs generally run a minimum of 26 weekly sessions, roughly six months of treatment that you pay for yourself. The program reports your attendance back to the court, so missed sessions can quickly become a probation violation.
Arizona is home to some of the strictest domestic violence laws in the country. In some cases, such as aggravated domestic violence, you may be facing a mandatory prison sentence. Whether you have been arrested for domestic violence or an Emergency Order of Protection (EOP) has been issued against you, our law firm has the in-depth training and knowledge needed to defend you. Trust the protection of your rights to lawyers who have built a name for themselves in criminal domestic violence defense. Contact a domestic violence lawyer from our firm today to learn more about how Mark Weingart and his team can help you.
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