Tempe Domestic Violence Lawyer

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.

Why Hire a Phoenix Metropolitan Area Domestic Violence Lawyer from The Weingart Firm, PLLC?

Phoenix criminal defense lawyer and former Criminal Court 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, battery, 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.

Domestic Violence Defined Under Arizona Law

In Arizona, domestic violence usually refers to violent or emotional abuse within the home occurring between spouses, boyfriends and girlfriends, 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:

• Assault
• Sexual Assault
• Stalking, Intimidation
• Threatening
• Harassment
• Violating a Protective Order
• Malicious Mischief

Under Arizona law, acts of domestic violence may be charged as one of several crimes, including assault, battery, assault with a deadly weapon, threatening, kidnapping, or witness intimidation. Depending on the circumstances of the case, domestic violence may be deemed an “aggravated” crime.

Penalties for Domestic Violence Charges in Arizona

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.

Assault (A.R.S. § 13-1203)

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:

• Up to 6 months in jail
• Fines and surcharges that can exceed $2,500
• Up to 3 years of probation
• Mandatory domestic violence counseling

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 (A.R.S. § 13-1406)

Sexual assault is always a felony in Arizona and is treated extremely seriously by the courts. A conviction may result in the following penalties:

• 5.25 years or more in prison for a first offense, with significantly longer sentences possible depending on circumstances
• Mandatory prison time, meaning probation is generally not available
• Lifetime sex offender registration in many cases

Stalking or Intimidation (A.R.S. § 13-2923 and § 13-1202)

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:

• Misdemeanor charges carrying up to 6 months in jail
• Felony charges that may result in prison sentences ranging from 1 to several years
• Protective orders and long-term probation

Threatening or Intimidating (A.R.S. § 13-1202)

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:

• Up to 6 months in jail
• Fines and probation
• Mandatory counseling in domestic violence cases

Harassment (A.R.S. § 13-2921)

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:

• Up to 6 months in jail
• Probation and fines
• Court-ordered counseling

Violating an Order of Protection (A.R.S. § 13-2810)

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:

• Up to 6 months in jail for a misdemeanor violation
• Additional charges or enhanced penalties if the violation involved threats or violence
• Stricter bond conditions and probation terms

Criminal Damage (often referred to as malicious mischief) (A.R.S. § 13-1602)

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:

• Misdemeanor charges for lower-value damage, carrying up to 6 months in jail
• Felony charges for higher-value damage, which may result in prison time and restitution orders

Aggravated Domestic Violence (A.R.S. § 13-3601.02)

A person may be charged with aggravated domestic violence if:

• There were two or more prior domestic violence convictions within 84 months, or
• A protective order was violated in connection with a domestic violence offense

Aggravated domestic violence is a felony offense and may carry mandatory prison time, long-term probation and counseling requirements, and a permanent felony record.

Contact a Valley of the Sun Domestic Violence Lawyer Today

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.