Facing any criminal charge is difficult, but especially so when the charge results from alleged domestic violence. Police and courts handle domestic violence cases differently than other crimes, and you could suffer considerable hardship even if you are never convicted of the crime. An experienced Mesa spousal abuse lawyer can protect your rights.
Contact Grand Canyon Law Group as soon as you get arrested. We have over 100 years of combined legal experience advocating for our clients’ rights. Our Mesa domestic violence defense lawyers provide a strong defense. All consultations are confidential.
Our Mesa Spousal Abuse Attorneys Will Help You Understand Your Case
Spousal abuse cases often involve difficult circumstances and important legal decisions. You may not know what steps to take, what your rights are, or what to expect from the legal process. We will explain what is happening, answer your questions, and help you understand the legal options available based on your circumstances.
Our Mesa criminal defense lawyers take the time to review the details of your situation and explain the legal process in clear terms. We help you understand what each step means and what information or documentation may be important to your case. You will have a clearer understanding of your options so you can make informed decisions about how to proceed.
For a free legal consultation with a spousal abuse lawyer serving Mesa, call 480-400-5555
What Is Spousal Abuse?
There is no crime called spousal abuse in the state statutes. When someone refers to spousal abuse, they mean a domestic violence crime allegedly committed against a current or former spouse. Domestic violence allegedly committed against an intimate partner with whom the accused shares a home or children also could be termed spousal abuse.
Arizona Revised Statutes § 13-3601 defines these crimes. Some of the acts that could be domestic violence include:
- Assault
- Battery
- Criminal damage
- Criminal trespass
- Disorderly conduct
- Kidnapping
- Sexual battery
- Stalking
- Threatening or intimidating
- Unlawful imprisonment
The penalties for a conviction of a spousal violence crime are the same as for the underlying offense. However, police and courts handle these cases differently than other offenses. Anyone arrested for spousal abuse should immediately contact one of our experienced Mesa defense attorneys.
Mesa Spousal Abuse Lawyer Near Me 480-400-5555
Defense Strategies in a Spousal Abuse Case
Every spousal abuse case is different, so the defense must be based on the specific facts. Depending on the circumstances, an attorney may examine several issues when developing a defense, including:
- Questioning the allegations: The defense may examine whether the allegations are accurate, consistent, and supported by reliable evidence.
- Reviewing the evidence: Police reports, witness statements, photographs, messages, recordings, medical records, and other evidence may provide important information about what happened.
- Self-defense: If you acted to protect yourself from an immediate threat of harm, self-defense may be relevant to the case, depending on the circumstances and applicable law.
- Challenging the prosecution’s evidence: Our attorneys will examine whether evidence was properly obtained and whether the prosecution can establish each required element of the offense.
- Addressing conflicting accounts: When the people involved provide different versions of an incident, your attorney will examine the available evidence to determine what it shows.
- Protecting your constitutional rights: Your attorney will review whether law enforcement followed applicable constitutional requirements during the investigation and arrest.
The goal is to make sure you understand the allegations, the evidence, and the legal issues affecting your case. We will help you understand what to expect as your case moves forward.
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Aggravated Domestic Violence
A defendant with two domestic violence convictions within the preceding seven years faces a Class 5 felony charge. The prosecutor could charge aggravated domestic violence even though the underlying crime is a misdemeanor.
A third conviction on misdemeanor domestic violence charges requires the offender to serve at least four months in jail, and the sentence could extend to two and a half years. If the offender has three prior convictions, the minimum time they must serve is eight months. Penalties are substantially higher when the accused has prior felony convictions.
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Procedures for Handling Spousal Violence Crimes
Domestic violence crimes are often misdemeanors, and usually, police need a warrant to arrest someone on a misdemeanor charge unless they witnessed the crime. However, when it comes to spousal abuse, police may arrest the person they believe is the aggressor even if they did not see the incident. If the incident allegedly involved a weapon or resulted in an injury to the alleged victim, the police must make an arrest.
A prosecutor can bring a case involving spousal violence without the cooperation of the alleged victim and can pursue a criminal case even when the alleged victim requests them to drop the matter. A prosecutor must seek the judge’s permission to drop the charge.
Restraining Order
Prosecutors can seek a restraining order preventing the accused from approaching the current or former spouse, communicating with them via any means, or returning to a home they share.
Both parties must observe the restraining order, even if the alleged victim does not believe it is necessary. In such cases, a Mesa spousal abuse attorney can request an order to be drawn as narrowly as possible, to avoid unnecessary inconvenience.
Post-Arrest Constitutional Rights in a Mesa Spousal Abuse Case
After an arrest for an alleged spousal abuse offense, you still have important constitutional rights. Arizona courts recognize the right to remain silent and the right to have an attorney. At an initial appearance, the court must inform an arrested person of these rights and address issues such as the charges and conditions of release.
The Right to Remain Silent
The right to remain silent is especially important after an arrest. Under the Fifth Amendment, a person in custody has protection against being compelled to incriminate themselves.
If police conduct a custodial interrogation, Miranda warnings generally must be provided before questioning. If you invoke your right to remain silent, police must stop questioning you, subject to the rules that apply to a particular case.
The Right to Legal Counsel
Our attorneys will explain the charges, the court process, and the decisions you may need to make. We will explain your rights in clear terms, review the circumstances surrounding your arrest, and help you understand what to expect as the case moves forward.
Legal Challenges of Spousal Abuse Cases
Spousal abuse cases can become complicated quickly. An accusation may affect your freedom, family relationships, employment, and future. At the same time, the legal process can be difficult to understand, especially when the allegations involve conflicting accounts or other complicated circumstances.
Some of the challenges that may arise include:
- Conflicting accounts: The accused person and alleged victim may describe the same incident very differently. Witness statements, messages, photographs, recordings, and other evidence may help provide additional context.
- Protective orders: A protective order or other court order may limit contact with the alleged victim or affect where you can go. Violating an order can create additional legal problems.
- Evidence issues: Police may rely on statements, photographs, medical records, text messages, social media, or other evidence. Your attorney can review how that evidence was collected and whether it accurately reflects what happened.
- Potential criminal penalties: Depending on the allegations and charges, a conviction can result in fines, probation, jail or prison time, and other consequences.
- Family and personal consequences: A criminal case can also affect divorce, child custody, housing, employment, and other areas of your life.
Grand Canyon Law Group focuses exclusively on criminal defense and has former prosecutors on its team. We will listen to your side of the story, explain what is happening, and help you understand your options without judging you.
Call Our Spousal Abuse Attorneys in Mesa
Police and prosecutors take an aggressive stance when dealing with alleged instances of household violence. If you have been accused of spousal abuse, you need an attorney who will be just as aggressive in defending your rights.
Call Grand Canyon Law Group now and talk to one of our spousal abuse lawyers in Mesa today. We can be at your side throughout the legal process and will work diligently to obtain the best resolution possible.
Call or text 480-400-5555 or complete a Free Case Evaluation form
