Phoenix Domestic Violence Defense Lawyer
Arizona takes domestic violence charges very seriously. The charges can be more serious than you realize and the punishments harsh if convicted. If you have been accused of an Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.
Many people think of domestic violence as something that only happens to someone else. But the fact is domestic violence crimes occur daily, in almost every neighborhood, in every city in Arizona. Domestic Violence can occur anywhere, anytime, and to those least expected. Arizona domestic violence laws apply to spousal abuse, former spouses, partners, former partners, people who are dating, family members, the elderly, persons living with you, persons you are dating, persons with whom you have a child, and children. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.Arizona Domestic Violence Laws - Relationship
Arizona Revised Statute §13-3601 defines the affected relationships involved as follows:
- Spouse or former spouse.
- Persons residing or having resided together in the same household, this includes same gender cohabitation.
- Child in common.
- A party who is pregnant by the other party
- In-laws by marriage including brothers, sisters, parents, or grandparent in-laws; step children or step parents or grandparents; including step grandchildren;
- Minor who lives in the same house as the defendant, and is a blood relative to former spouse, or another who lives in the same house as the defendant;
- The relationship of the defendant and the victim was formerly intimate or romantic.
Criminal offenses under the Arizona's domestic violence laws, include:
- Assault - A.R.S. §13-1203
- Aggravated assault - A.R.S. §13-1204
- Child abuse - A.R.S. §13-3623
- Custodial interference - A.R.S. §13-1302
- Criminal damage - A.R.S. 13-1602
- Dangerous crimes against children - A.R.S. §13-705
- Disorderly conduct - A.R.S. §13-2904
- Elderly abuse - A.R.S. §13-3623
- Endangerment - A.R.S. §13-1201
- False imprisonment - A.R.S. §13-1303
- Harassment - A.R.S. §13-2921
- Harassment (telephonic) - A.R.S. §13-2916
- Kidnapping - A.R.S. §13-1304
- Order of protection violations - A.R.S. §13-2810
- Restraining order violations - A.R.S. §13-2810
- Stalking - A.R.S. §13-2923
- Surreptitious photographing - A.R.S. §13-3019
- Threatening and intimidation - A.R.S. §13-1202
- Trespass - A.R.S. §13-1502-04
A conviction of an Arizona domestic violence crime could result in limitations in child visitation rights, loss of gun privileges, mandatory counseling, probation, jail or in the most serious cases a prison sentence. Domestic violence cases involving weapons or injury are often prosecuted as felonies.
If charged as a felony, the defendant could serve time in state prison. If charged as a misdemeanor, the punishment will not exceed 6 months in county jail. In Arizona, the domestic violence laws require the defendant complete a Domestic Violence Counseling program. In many cases, the court will enter an order, which prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred. In many cases this will be the Defendant's own home.
If you are charged with a domestic violence offense, never try to resolve the problem on your own. Any contact with the victim could result in additional charges. You should speak to an experienced Arizona domestic violence attorney immediately because every case is different and the outcome often will turn on the particular facts involved and, in many cases, a complex legal analysis regarding the admissibility of evidence.
If you have been charged with Domestic Violence in Arizona, Contact Phoenix Attorney James Novak, who is experienced in defending Domestic Violence Cases.
As a Former Arizona Prosecutor and Phoenix Criminal Defense Attorney, James Novak has handled many domestic violence cases. The Law Office of James Novak handles 100% criminal cases including Domestic Violence. He is familiar with domestic violence matters, Arizona laws pertaining to domestic violence, the court systems, and most importantly Defenses that can be utilized for domestic violence crimes.
James Novak cautions you not to attempt to handle these charges on your own. If you try to make any contact with the victim in violation of your conditions of release or order of protection, additional charges against you could result. If you have been charged with domestic violence, your freedom could be at stake. You need an Arizona lawyer who has experience with domestic violence crimes to make sure your case is handled properly.
Contact James Novak, an Arizona Criminal Defense Attorney, handling domestic violence cases in Scottsdale, Phoenix, Tempe, Chandler, Mesa, and Gilbert.