Phoenix Domestic Violence Attorney
If you are in Phoenix and facing criminal charges arising from domestic violence, you need action and you need Phoenix Arizona criminal defense lawyers ready to fight for you and protect your interests. Relationships are complicated and can bring out the best and worst in each of us. Arguments and acrimony can bring disagreements and fights and infidelity and false accusations. Often the Phoenix Police and the Maricopa County prosecutors will take the word of the person making the report and file charges even without a reasonable investigation or considering the “alleged victim” is exaggerating or acting out of anger, resentment, and or revenge.
The domestic violence attorneys at Ciccarelli Law Offices have the experience, advocacy, and fight when you need it the most. Contact us now whether you are under suspicion, or the State of Arizona is targeting you and accusing you of domestic violence crimes in the greater Phoenix metro area and the Valley of the Sun. Our experts from all over, such as our Chandler domestic violence lawyers, will have your back, no matter where you live.
Phoenix Domestic Violence Resources
- Phoenix Domestic Violence Charges That Can Happen To Anyone
- Why Choose A Phoenix Domestic Violence Lawyer From Ciccarelli Law Offices?
- Types of Domestic Violence Charges In Phoenix
- What Does A Phoenix Domestic Violence Lawyer Do?
Phoenix Domestic Violence Charges Can Happen to Anyone
A criminal arrest can arise from a domestic fight regardless of where you live, how much you make, or the color of your skin. However, that is not to say that the police are blind or unbiased or less likely to charge people of certain cultures or places of origin. In some cases, you could be a professional who finds yourself in the middle of a domestic fight involving alcohol that results in a call to the police.
Sometimes, authorities operate with biases. Some demonstrate malice, while others are more subtle and perhaps are even unintentional. Either way, these biases can cause the accused to be treated unfairly. A domestic violence criminal defense attorney can study the evidence and make sure that it does not cause a judge or jury to treat their client unjustly.
Domestic violence offenses are taken seriously by law enforcement officials and prosecutors in the Phoenix metro area. You can not assume that the charges will be dismissed or that your partner will come to the rescue and convince the prosecutor not to pursue the charges after they have been filed. You need determined, experienced lawyers to navigate you from this crisis; prepared to take the case to a hearing, negotiate a downward departure or dismissal or facilitate entry into a diversion program. That would be the Ciccarelli Law Offices.
When tempers flare, mainly when infidelity, alcohol, or drugs are involved, events can take an ugly turn. Often the parties involved are operating out of anger and revenge. Everyone is running on adrenaline, and things can behavior can be misconstrued. It is essential that a criminal defense attorney looks at all of the evidence, interviews eyewitnesses, and is ready to challenge anything that the person filing the report says.
Lee Ciccarelli leads a team that brings over One Hundred Years of combined national criminal defense experience in state and federal courts. Recognized by peers as Super Lawyers and our clients with Hundreds of Five Star Reviews, we understand the implication and consequences of an Arizona domestic violence case and/or conviction. We understand that you are looking for the best Phoenix domestic violence lawyers you can afford and a team that is available for you and your family when you need them the most. At Ciccarelli Law Offices, your Success is Our Mission.
Why Choose A Phoenix Domestic Violence Lawyer From Us?
- At the Ciccarelli Law Offices, we pride ourselves on being a team of aggressive attorneys who work together to build the strongest possible cases for each client.
- All of our attorneys have their clients’ best interests in mind, and we have no problem taking the case to trial if necessary.
- Attorney Lee Ciccarelli is recognized as a Top 100 Trial Lawyer by The National Trial Lawyers Association and every attorney at our firm strives for excellence and professionalism.
What Are The Types Of Domestic Violence Charges in Phoenix?
As in other states, domestic violence is not an actual statute under Arizona law. Rather, domestic violence is an enhancement to other crimes that occur under AZ statutes. In order for another type of charge to be enhanced to a domestic violence offense, the alleged crime has to have happened between a person and someone else that they have (or had) a domestic relationship with. This can include a person committing violent acts against their:
- Spouse or ex-spouse
- A current or former partner
- Child’s other parents
When we look specifically at Arizona Revised Statute § 13-1601, we see a list of specific types of abusive behaviors that could result in a domestic violence enhancement. This includes the following:
The penalties associated with a domestic violence charge typically follow the charges associated with whichever misdemeanor or felony offense a person is facing. In Arizona, misdemeanor assault charges are typically Class 1 misdemeanor offenses that could result in a person facing up to six months in jail and fines up to $2,500.
Aggravated battery and domestic violence offenses could result in a person facing a felony charge, which carries a significant prison sentence and a fine of up to $150,000.
Possible Defenses For Domestic Violence Cases
Domestic violence crimes vary from other types of violent crimes. Even if the alleged victim asks to have a domestic abuse charge dismissed, prosecutors are not likely to drop the charges. The prosecution would prefer to avoid any actions that would imply that they were soft on domestic violence, so they will proceed with charges even if there is not much evidence to back them up. Protecting their reputation at the expense of the people they are prosecuting is not unheard of.
Occasionally, the prosecution may offer a first-time offender a diversion. These could be required attendance to counselor programs. This type of offer usually requires the defendant to admit guilt to another offense.
Once the programs are completed, the charges can be dismissed. This sounds like a smart option, but that will depend on the charge that the defendant is being asked to admit to committing.
The admission of certain crimes can negatively impact employment, professional permitting and licensing, custody agreements, and visitation rights. With the help of your domestic violence criminal defense attorney, you can decide whether a diversion or a trial is the route that is in your best interest.
When Going to Trial is the Better Option
Sometimes, going before a judge and jury is in the best interest of the defendant. Most often, these are when:
- The defendant is completely innocent
- The plea bargain is painfully unfair
- The diversion requires the defendant to admit to crimes that will make it difficult to live a normal life, even after dismissed
Strategies for Obtaining a Favorable Outcome
When a client is facing domestic abuse charges, the penalties are serious and can be long-lasting. We do not want a single moment to define the lives of our clients. Here are some defenses we may consider employing in an effort to reduce the punishments that our clients face.
- We will take exception to each individual claim made by the alleged victim. Using facts and evidence to nullify their claims.
- We will look for motives that would cause the victim to lie or embellish the details of the situation.
- When reasonable, we will establish an argument that our client was acting in self-defense.
- A lack of supporting evidence at the scene or by witnesses will be maximized so that the jury has a firm grasp on how the prosecution is trying to exploit evidence against our client.
- If the alleged victim has made false claims in the past, we will make sure to highlight those when defending our client.
- The alleged victim’s previous criminal history will be on trial as well.
A criminal abuse charge can negatively impact the life of a client. When you hire a Phoenix criminal domestic violence lawyer, know that we are not willing to let your life change over a heated or misunderstood moment. Our goal is to have the charges dismissed. If that is not possible, they will fight for the defendant’s punishment to be as manageable as possible.
We are ready to investigate and analyze all of the evidence and find a way to present the circumstances to a jury in a way that truly represents our clients and shows them in the best possible light.
What Does a Phoenix Domestic Violence Defense Lawyer Do?
A Phoenix domestic violence defense attorney is going to be an invaluable asset for any person facing these charges. Not only will an attorney handle the underlying charges related to what happened, but they will also handle the domestic violence enhancements attached to the charge.
An attorney can use their resources and legal expertise to build various defenses that could be applied to the case. Some of these defenses include the following:
- Showing that it was unreasonable for the supposed victim to having been frightened or think they would have been the victim of physical harm in the situation.
- Show that the person charged with domestic violence was actually defending themselves from a violent situation initiated by the alleged victim.
- Show that their client is the victim of false allegations.
- Investigate the incident to confirm whether or not prejudices and unfair biases were applied to the defendant
- Challenge the prosecution’s arguments
- Interview all of the witnesses to find inconsistencies
- Examine the motives the “victim” may have for giving misleading information or testimony
Assault and Domestic Violence Defined
Assault is defined as a person who is fully aware, acting intentionally or recklessly to harm or cause a person to fear that harm is imminent. Their touch intends to injure, insult or provoke the victim. The person being touched has every reason to expect that they are about to be hurt.
What Elevates an Assault Charge to Domestic Violence?
Arizona defines domestic violence as a dangerous criminal act perpetrated against a child, spouse, ex-spouse, member or former member of the household, the parent of a child the accused has a child with, relatives who are related by blood or marriage, in-laws, or someone who the accused has been involved with sexually.
Some of these dangerous crimes are considered a base crimes. Domestic violence enhancements added to these base crimes will be filed if they meet the criteria. Additional domestic violence enhancements can culminate in longer prison sentences when convicted of these criminal offenses.
What are Domestic Violence Enhancements?
The charge enhancement for domestic violence convictions has several mitigating factors:
- The age of the victim
- A history of domestic violence
These factors are considered when the authorities decide upon a charge. Aside from mandatory sentencing minimums, these aspects are considered when determining orders of protection, parole, duration of prison sentences, and required domestic violence treatment programs.
Phoenix Domestic Violence Penalties
Relationships are complex. Sometimes, it is difficult to be one’s best self when relationships become antagonistic. Actions and accusations can fly in the heat of the moment. As a result, you could find yourself facing a domestic violence charge.
Punishments vary depending on the classification of the offense. These factors may impact the length and severity of a domestic violence sentence.
- Child victims
- The extent of the injuries or whether a death occurred
- Penalties become more serious if a woman is pregnant at the time of an assault.
- If a weapon is used, it can elevate domestic violence charges.
- A history of domestic violence will influence the charge.
Seven Possible Charges for Domestic Violence Incidents
Among the charges a defendant could face after a domestic violence arrest are the following:
- Class 1 misdemeanor carries a fine of up to $2,500 and six months in jail
- Class 2 misdemeanor comes with up to four months in jail and a fine of $750
- Class 3 misdemeanors carry a penalty of a month in jail and a fine of up to $500
- Class 2 felony can penalize the convicted to 7 to 21 years in prison with a maximum fine is $150,000
- Class 3 felony comes with a sentence of 5 to 15 years imprisonment and a $150,000 fine.
- Class 4 felony leaves the defendant facing 4 to 8 years in jail and a monetary fine of $150,000
- Class 5 felonies include 2 to 4 years of incarceration and a maximum fine of $150,000
To rehabilitate a convicted abuser, the court may assign domestic violence counseling programs. These might require between 28 to 52 sessions.
Contact A Phoenix Domestic Violence Attorney Today
If you or somebody you care about is facing domestic violence charges in Phoenix Arizona, reach out to the team at the Ciccarelli Law Offices for help as soon as possible. Our criminal defense lawyers in Phoenix and other Arizona cities have the resources necessary to fully investigate the charges against you, and we have no problem taking on aggressive prosecutors to ensure that your rights are upheld. When you need a Phoenix domestic violence defense attorney, contact us today so we can get to work on your case immediately.