Scottsdale Domestic Violence Defense Attorney
A domestic violence charge in Scottsdale can be life-altering. Once the police are called for an alleged domestic violence claim, the state has jurisdiction over the case whether or not the alleged victim rescinds the allegations or even desires arrest or prosecution.
Domestic violence convictions can have lasting personal and professional consequences. A skilled Scottsdale domestic violence lawyer at Grand Canyon Law Group who understands the statutes and case law can help you during this stressful time and work to ensure a strong defense strategy. We are former criminal defense lawyers in Scottsdale and have intimate knowledge of how to defend these cases for the best outcome.
For a free legal consultation with a domestic violence lawyer serving Scottsdale, call 480-400-5555
HOW THE LAW DEFINES DOMESTIC VIOLENCE IN SCOTTSDALE
Arizona Revised Statutes Section 13-3601 lays out the definition of domestic violence. Domestic violence is a criminal act listed in the statute, when the named victim has the following relationship with the person accused: the accused and defendant are or were married, in current or past a romantic or sexual relationship, lived in the same household, they have a child, are related by blood or court order.
According to A.R.S. Section 13-3601, a domestic violence charge can include any number of violent offenses such as:
- Assault or Aggravated assault
- Disorderly conduct
- Criminal damage
- Aggravated Harassment
- Interference with Judicial Proceedings (violating an Order of Protection)
- Murder
- Negligent homicide
- Crimes against children
If the domestic relationship exists between defendant and alleged victim, all the offenses can be charged as domestic violence. Sometimes to clarify, we say that someone is charged with a certain offense, like “Disorderly Conduct,” but it is charged as a domestic violence offense. It is a designation or tag that is placed on an underlying charge that creates devastating consequences.
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PENALTIES FOR DOMESTIC VIOLENCE IN SCOTTSDALE
Most domestic violence cases in Scottsdale (and all that are charged in Scottsdale City Court) are misdemeanors. Misdemeanors are class one (most serious), class two, class three, or petty offense (least serious). Under the law, the maximum penalties for misdemeanors are six months in jail for class one, four months for class two, 30 days for class three, and no jail time for a petty offense. Fines and probation can be imposed as well.
Further, under the Sentencing Provisions, pursuant to A.R.S. Section 13-3601.01, a judge can order one convicted of a misdemeanor domestic violence to complete a domestic violence offender treatment program. This occurs in virtually every “DV” conviction. If a person has a previous domestic violence conviction within 60 months, the judge may place the defendant on probation, and the person may be sentenced to jail as a condition of probation.
Felony domestic violence penalties are regulated by the class of felony one is convicted of. There are six classes of offenses; class one felony is most serious, and class six least serious. The Sentencing Provisions lays out the various sentencing ranges in accordance with the classes of offense. A seasoned Scottsdale domestic violence attorney at Grand Canyon Law can explain what applies to your case and how we will work to minimize the consequences in your case.
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DEFENSES TO DOMESTIC VIOLENCE IN SCOTTSDALE
There are various defenses available to domestic violence charges. Domestic violence crimes are fairly unique in that they often involve parties who know each other. In some cases, the victim may have had or even currently maintains a romantic relationship with the person accused of domestic violence.
The involvement of intimate relationships can draw into question the motivations of the victim. Romantic relationships can become heated, and anyone who has been in a long-term relationship knows that it’s easy to say or do things that you later regret.
A criminal defense attorney can explore your past relationship with the victim to see where the victim may have motivations for maligning your reputation by making criminal allegations against you. It is not uncommon for one spouse to use the criminal courts to gain an advantage in family court if there is an ongoing divorce or child custody case.
In some cases, your Arizona attorney can argue that no crime was committed. By reviewing written statements and deposing the victim and other witnesses, your attorney can look for inconsistencies in the defendant’s story. When the primary victim becomes an unreliable witness, prosecutors may have to rethink how they move forward with their case.
Self-defense offers another potential defense strategy. It is one thing for someone to unilaterally attack their partner without provocation. It is another thing entirely for both parties to engage in verbal threats and physical attacks.
If both parties were arguing and engaged in physical contact, your attorney could use this to weaken the presumption that you were the sole perpetrator. Self-defense can be an effective defense, but only when the defensive steps are proportional to the threat.
Even in cases where the evidence shows that you physically harmed someone, the classification under domestic violence may not be appropriate. Domestic violence charges often carry heavier penalties than simple assault. In that case, your lawyer can work to have your charges reclassified.
One defense asserts that the defendant’s actions do not meet the criteria for a criminal offense under the law. This could include arguing that the conduct in question did not constitute domestic violence as defined by statutes or that it did not involve the required intent or severity to warrant criminal charges.
Another defense strategy may involve asserting that the prosecution has targeted the wrong individual as the perpetrator of the alleged domestic violence incident. This defense hinges on establishing mistaken identity by the victim or showing that the accused was not involved in the incident in question.
Additionally, defendants can raise constitutional violations as defenses. These may include situations where there was insufficient evidence to support the charges, violations of the defendant’s rights such as lack of a warrant for search or arrest, denial of the right to counsel during questioning, or instances of police misconduct during the investigation or arrest process.
Depending on the facts of your case, your criminal defense attorney can focus on the strategy that is most likely to lead to your charges being dropped or reduced to a lower offense.
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Tips for Finding the Right Domestic Violence Attorney in Scottsdale
Domestic violence crimes are unique and require an experienced attorney who has represented clients facing these types of charges before. As you search for legal representation, take into account whether the defense attorney has handled many domestic violence cases.
Describe your case to see what strategy they would use to defend you. If they cannot articulate a clear defense strategy, you may want to look elsewhere for representation in court. An experienced criminal defense attorney can protect you by ascertaining the strengths and weaknesses of your case.
Legal fees may be a concern for you, but you may ultimately benefit from prioritizing the experience and qualifications of an attorney over their fees. The top goal of any criminal defense attorney should be to explore possible ways of having your charges dropped or reduced.
Scottsdale Domestic Violence Defense FAQs
Q: How Much Does a Defense Attorney Cost in Scottsdale, AZ?
A: The cost of a criminal defense attorney depends on how experienced the lawyer is and how much time and resources they need to put into your case. A low-level misdemeanor often does not require the same commitment of time as a felony charge. Lawyers who have a track record of helping clients resolve their cases favorably often charge more per hour.
Q: What Happens if I Defend Myself in Court?
A: You have the right to defend yourself in court, but not having legal representation can place you at risk of being convicted of domestic violence. If you are convicted, you will not have an advocate to make the case that you should not face steep criminal penalties.
Defending yourself also means that you risk saying or doing something that self-incriminates you. You will also not have the benefit of an experienced lawyer who may understand the right strategy for having your charges dropped or reduced.
Q: What Is the Statute of Limitations on Domestic Violence in Scottsdale, Arizona?
A: The statute of limitations for domestic violence allegations in Arizona varies depending on the severity of the charge. Typically, misdemeanors associated with domestic violence have a statute of limitations of 1 year, while felonies can have a statute of limitations of up to 7 years.
Certain domestic violence offenses carry no statute of limitations at all, meaning they can be prosecuted regardless of how much time has passed since the alleged incident occurred.
Q: What Is the Rate of Domestic Violence in Scottsdale, AZ?
A: Arizona consistently ranks near the top of all states when it comes to domestic violence rates. One in four women report being the victim of domestic violence by the age of 18. Nearly 1,500 homicides in Arizona were attributed to domestic violence in 2022. Domestic violence includes parties who are in a close relationship, such as spouses or former spouses, cohabitants, individuals in dating relationships, parents and children, and other familial or household members.
Q: What Is the Most Common Argument Against Domestic Violence Charges?
A: The most common legal defense strategy against domestic violence charges questions whether a crime was committed. Domestic violence charges often seek to criminalize acts that are common between intimate partners. One bad argument where both sides made regrettable mistakes should not require intervention by the criminal justice system.
REACH OUT TO A SCOTTSDALE DOMESTIC VIOLENCE LAWYER TODAY
A domestic violence charge can affect all areas of your life, personally and professionally. At times you may feel overwhelmed and alone. We are on your side. A Scottsdale domestic violence lawyer is the ally you need. Armed with years of experience dealing with prosecutors, police, witnesses, and judges, an attorney will work tirelessly on your case. Call Grand Canyon Law Group today.
Call or text 480-400-5555 or complete a Free Case Evaluation form