Criminal Charges Defense in Tempe AZ
February 17, 2020
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Domestic-Violence-Defense-Lawyer

Domestic Violence Charges Defense in Tempe AZ

Charges of domestic violence should always be taken seriously. The State of Arizona has many laws concerning domestic violence and has been very serious about enforcing these laws to the fullest extent allowable. In some cases, the state prosecutor can pursue charges against a person accused of this crime, even if the victim changes their mind and refuses to press charges or provide testimony in the case.

If you are facing charges for domestic violence or are currently under investigation, protect your rights and schedule a consultation with criminal defense attorney Robert A. Dodell. Legal representation in Tempe courts will allow you to aggressively fight these charges and get the best possible outcome for your case.

Many criminal offenses, including the listing crimes below, may be enhanced by adding the allegation of domestic violence to the crime.

  • Assault or Aggravated Assault
  • Abuse of a Child or a Vulnerable Adult
  • Threatening or Intimidating
  • Criminal Trespassing
  • Violation of Restraining Orders
  • Disorderly Conduct or Harassment
  • Kidnapping or Unlawful Imprisonment of a Victim
  • Stalking
  • Endangerment
  • Sexual Assault
  • Manslaughter
  • Homicide

Any additional charges that are added to the domestic violence charge can significantly increase your risks for serious criminal punishment.

What is Domestic Violence?

According to Arizona state law ARS § 13-3601, domestic violence means any act that where there is the following relationship between the victim and the defendant:

  • Marriage or former marriage:
  • Persons residing in the same household
  • Have a child in common or either is pregnant by the other
  • Related by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step=grandparent, step child, step-grand-child, brother-in-law or sister-in-law
  • Victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  • The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.

Penalties for Domestic Violence Convictions

A conviction for domestic violence in Arizona can result in a jail sentence. However, first-time offenders may potentially get a sentence that does not include jail time..

Sentencing for domestic violence for a first time offender can include the following:

  • Class 3 misdemeanor conviction - Up to 30 days in jail and/or a fine up to $500
  • Class 2 misdemeanor conviction - Up to four months in jail and/or a fine up to $750
  • Class 1 misdemeanor conviction - Up to six months in jail and/or a fine up to $2,500
  • Class 6 felony conviction - Prison term ranging from six months to 18 months, with a presumptive term of imprisonment for one year
  • Class 5 felony conviction - Prison term ranging from nine months to two years, with a presumptive term of imprisonment for 1.5 years
  • Class 4 felony conviction - Prison term ranging from 18 months to three years, with a presumptive term of imprisonment for 2.5 years
  • Class 3 felony conviction - Prison term ranging from 30 months to seven years with a presumptive term of imprisonment for 3.5 years
  • Class 2 felony conviction - Prison term from four years to ten years, with a presumptive term of imprisonment for five years

It should also be noted that anyone convicted of domestic violence will be required to take part in a court-ordered Domestic Violence Class and financial assessments. You may also be required to serve probation and community service at your own expense.

Additional Consequences

In addition to the penalties imposed by the court for being convicted of this type of crime, you may find that you may also suffer the following consequences from being convicted:

  • Limited visitation rights with your children
  • Loss of gun ownership privileges
  • Reporting to a professional licensing board
  • If convicted of a felony, may have to report the offense on any job and rental applications

Why Hire Robert A. Dodell, Attorney At Law

Robert A. Dodell, Attorney at Law, understands the seriousness of being charged with domestic violence. I also understand that there are two sides to every story. In an atmosphere where domestic violence accusations are often used to manipulate divorce and child custody proceedings or as a tool for vengeance, Attorney Robert A. Dodell is aggressive about representing clients charged with this type of crime.

The outcome of your case can never be guaranteed. However, with a knowledgeable attorney representing your case, who firmly believes in protecting the rights of his clients, I will seek to secure the best possible outcome no matter the charge.

 

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