Phoenix Domestic Violence Defense Attorneys

If you are charged with, or are under investigation for, a domestic violence offense in Arizona, 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 Phoenix, AZ 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. Mr. Gillespie recently spoke at a Continuing Legal Education Seminar attended by other attorneys and legal professionals who were seeking to learn how to successfully defend clients charged with domestic violence in Arizona.

If you have been accused of a crime in which the alleged victim is related to you by marriage, lives with you, or has been in a sexual relationship with you, the offense may fall within the statutory definition of “domestic violence” in Arizona. Arizona’s domestic violence laws apply not only to crimes against spouses, but also to crimes against partners, former partners, people who are dating, and the elderly. Domestic violence can take many forms, from simple assault to murder. An Arizona domestic violence crime can also result from the violation of an order of protection, such as a restraining order. The case can be prosecuted even if the violation is relatively minor, such as a late phone call to a child or an ex-spouse while an order is in effect. Verbal abuse coupled with threats may be enough to result in an arrest and conviction for domestic violence.

In recent years, the Arizona legislature has focused on strengthening the Arizona domestic violence laws. As a result, Arizona law enforcement has developed vigorous new policies, the court system has implemented many changes, and prosecuting attorneys have taken an active role in enforcing both new and existing laws. In many cases, prosecutors will file charges against the alleged abuser and aggressively pursue the case, even where the victim does not wish to press charges and refuses to actively participate in the prosecution. The State brings the criminal charges, not the victim.

The consequence of a domestic violence conviction can be very severe. A conviction 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. The disposition will depend on the particular facts and legal issues of your case.

Although it depends upon the circumstances of the particular case, first-time offenders are often placed on probation, in some cases required to serve a few days in custody, and regularly required to complete a domestic violence counseling program. In some cases, as an alternative to prosecution, the client may be eligible for a domestic violence diversion program.

If you are in need of experienced and successful legal defense and have been charged with a domestic violence charge, contact our team of domestic violence defense attorneys in Phoenix, AZ for a free legal consultation.