All relationships come with various levels of conflict and difficulties.\u00a0 Unfortunately, tensions run high and situations can spin out of control.\u00a0 Beyond the emotional and physical damage inflicted, involved parties often encounter legal trouble.\u00a0 If you find yourself charged with domestic violence, jail time may be on the table. It is important to know the implications of domestic violence charges in Arizona.<\/p>\n
A convicted individual will have a domestic violence criminal record, even if it classifies as a misdemeanor. Potential employers, agencies, and institutions may have access to this record for years to come. Domestic violence convictions also have an effect on your child custody and firearm rights.<\/p>\n
The term “domestic violence<\/a>” according to the state of Arizona, includes many different relationships.\u00a0 It refers to any dangerous crime against a child, spouse, former spouse, household or former household member, someone with whom the defendant has children, a blood relative, step-relatives, relative-in-law, or someone with whom the defendant has or has had a sexual relationship with. This includes if the victim or defendant is pregnant by the other party.<\/p>\n The state opts to charge domestic violence as the base crime involved.\u00a0 The following crimes often find themselves with domestic violence:<\/p>\n A conviction of a crime with domestic violence attached can result in greater jail time. \u00a0 This is especially true when crossed with a sex crime charge.<\/p>\n The charges and punishment associated with domestic violence convictions depend on my factors.\u00a0 Things taken into consideration can include any prior domestic violence history, victim\u2019s age, and if the victim is pregnant.\u00a0 These factors determine length of jail time, parole restrictions\/eligibility, treatment and rehabilitation programs, and any protective orders issued.\u00a0 Mandatory minimum sentences are also considered.<\/p>\n For first-time offenses, domestic violence sentences range from community service and probation to jail time.\u00a0 This depends on the level of the crime charged.\u00a0 Arizona classifies misdemeanors into three different classes and petty offenses.\u00a0 Class 1 is considered the most serious, with Classes 2 and 3 following.\u00a0 Petty offenses are considered the least serious offenses.\u00a0 Any offense classified as a felony will carry a more severe punishment table.<\/p>\n If a person finds themselves with multiple domestic violence offenses over time, they may face charges of felony aggravated domestic violence.\u00a0 This can occur even if the previous instances are classified as misdemeanors.<\/p>\n When a victim is pregnant at the time a domestic violence offense is committed, the court takes into consideration the victim\u2019s pregnancy and may increase the sentence.<\/p>\n The penalties for violent crimes in Arizona<\/a> are often severe.\u00a0 This includes domestic violence.\u00a0 Repeat offenders routinely see their punishment escalate.<\/p>\n If a person commits a second misdemeanor domestic violence offense within sixty months, or 5 years, he or she may be placed on supervised probation for up to 36 months, or 3 years, or may be incarcerated as a condition of his or her probation.<\/p>\n Aggravated domestic violence can include a penalty of a mandatory 8-month prison sentence. This involves cases in which there are prior domestic violence convictions. Aggravated domestic violence is a Class 5 Felony<\/a>.<\/p>\n The state of Arizona considers a charge to be an incident of aggravated domestic violence<\/a> if the defendant:<\/p>\n Whenever weapons are involved in a domestic violence incident, the charges can escalate to a felony.\u00a0 There are also implications to an individual\u2019s ability to continue to exercise their right to carry or purchase firearms.<\/p>\n Arizona courts have authorization (but not required) to issue protective orders that direct the abuser to surrender certain firearms in his or her possession in various circumstances.<\/p>\n Federal law prohibits the purchase and possession of firearms and ammunition by people who have convictions in any court of a \u201cmisdemeanor crime of domestic violence,\u201d and\/or who are subject to certain domestic violence protective orders.<\/p>\n Domestic violence cases differ from other assault cases.\u00a0 Arizona prosecutors rarely choose to withdraw or dismiss charges upon a victim\u2019s request. This means that a domestic violence case is likely to proceed through the courts.\u00a0 It is critical to developing an effective defense strategy.<\/p>\n Successful defenses take the following factors into consideration:<\/p>\n Prosecutors rarely abandon a domestic assault case. \u00a0 However, if the alleged victim is adamant about not pursuing the district attorney\u2019s office may decide not to prosecute. A\u00a0domestic violence defense attorney<\/a> like Belen Olmedo Guerra on your side can speak to the victim to determine whether they\u2019re willing to end the case before it proceeds to court.<\/p>\n Although a victim not wanting to proceed with the case doesn\u2019t always convince the district attorney not to prosecute, a victim\u2019s wishes can be persuasive.\u00a0 The prosecutor holds a great deal of influence on the pursuit of the case.<\/p>\n For the best chance of having a domestic violence case dismissed or charges reduced, it\u2019s essential that you involve a criminal defense attorney skilled in the nuances of these cases.<\/p>\n A successful defense depends upon the level of transparency and honesty about the situation.\u00a0 It can be embarrassing to find yourself in legal trouble, especially if you are not at fault.\u00a0 At Belen Law Firm, our Phoenix criminal defense lawyers<\/a> will always treat you with non-judgmental respect.<\/p>\n Attorney Belen Olmedo Guerra<\/a> has extensive experience successfully representing clients with various assault charges. She understands tempers can control the emotions and behaviors of an otherwise calm and reasonable person, especially when dealing with intimate partners or family members.<\/p>\n For a free, no-obligation consultation, call 602-715-0908<\/a>.<\/p>\nA.R.S. \u00a7 13-3601<\/h3>\n
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Domestic Violence Charges<\/h2>\n
What Is the Sentence for a First Offense?<\/h3>\n
Is Domestic Violence a Felony?<\/h3>\n
What about Jail Time for Domestic Violence Convictions?<\/h3>\n
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Do Weapons Affect Jail Time for Domestic Violence?<\/h2>\n
What kind of Defense Strategy is used for Domestic Violence Charges?<\/h2>\n
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Phoenix Attorney Belen Olmedo Guerra on Domestic Violence Cases<\/h2>\n