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Facing allegations of domestic violence in Scottsdale can feel hopeless. You may be wondering what options you have and if there is even anything you can do to dispute these allegations. Whether your charges have arisen from a familial dispute in Sweetwater Ranch or from a misunderstanding taking place near Thunderbird Park, you need a Scottsdale domestic violence lawyer who understands the local legal landscape and is ready to advocate for you.
Since the firm’s inception in 2005, attorney Joshua S. Davidson has been advocating for the rights of clients across Scottsdale and the greater Phoenix areas. As a former prosecutor, he has the experience and knowledge necessary to make the court system work in your favor.
Over the last several decades, our team has secured a multitude of not guilty verdicts and worked to have clients’ charges reduced so that no prison time would be required. Now we’re ready to do the same for you. Hire a domestic violence lawyer from our firm to support you in your domestic violence defense case.
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Call (602) 493-3600In the state of Arizona, “domestic” is a specific relationship, defined under Arizona Revised Statutes. In most cases of domestic violence, these relationships are those that exist between two or more people, where at least one party is the alleged victim, and the other is the supposed defendant, or perpetrator. Examples of domestic relationships by this definition are listed below:
There are several factors that the legal system can look at to confirm that a relationship qualifies as domestic. These factors include the type of relationship shared between the parties involved, the length of the relationship, how long it has been since the relationship ended, if applicable, and how frequently the victim and defendant interact with one another.
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Arizona defines acts of domestic violence in A.R.S. § 8-201 (22).
Sexual assault can be classified as domestic violence when it involves coercion, threats, or force by a partner or spouse. If you’ve been accused and need legal intervention, reach out to our lawyers immediately.
Harassment or stalking can be classified under domestic violence and incurs serious penalties. Don’t face your charge alone. Reach out to our law firm for a strong defense and protection of your rights.
Misunderstandings in relationships can become serious charges rather quickly. When you’re accused of instilling fear through threats and intimidation with a family member, you could face domestic violence charges.
Most kinds of abuse against a child or elder are serious and can be classified as domestic violence. This includes physical, emotional, or sexual abuse, neglect, or exploitation of a child or vulnerable adult.
You should seek the help of a Scottsdale legal professional if you are experiencing accusations of physical harm from a family member, spouse, or housemate. The Scottsdale domestic violence attorneys at Davidson Criminal Defense & DUI Law Firm can help.
Arizona takes unlawful imprisonment or kidnapping very seriously, especially as it relates to domestic situations. If convicted of domestic violence through kidnapping, you could face prison time and hefty fines among other things.
Domestic violence as negligent homicide can happen when someone was reckless which unintentionally caused a death. Those accused face harsh penalties. Get the help you need by calling our law office.
Protect your rights and freedoms after a criminal trespass accusation by a family member. With years of experience and a track record of success, you can have some of the greatest legal representation on your side.
When you are charged with domestic violence in Scottsdale and the surrounding area, a conviction can signal the end of your life as you know it. While many penalties will ultimately depend on the nature and severity of the underlying charge, such as assault, stalking, or negligent homicide, most penalties will range from some amount of fines to long periods of incarceration.
There are certain cases in which the presence of aggravating factors can increase the punishments involved. These aggravating factors can include the use of a deadly weapon or if the victim is pregnant at the time of the incident.
You may also face penalties like loss of child custody or visitation rights or forfeiture of firearms, or you may have difficulty securing housing or employment. In fact, individuals with a criminal conviction face a 30% unemployment rate in the U.S.
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Arizona does not recognize domestic violence as its own crime. Instead, Arizona tags certain existing crimes, such as assault, criminal damage, harassment, and disorderly conduct, as domestic violence when the people involved share a qualifying domestic relationship. The penalties you are facing depend on what underlying offense you are being accused of, and whether there are any aggravating factors present in your case.
While many first-time domestic violence charges arise from allegations that would be charged as a class 1 misdemeanor offense, certain cases may be filed as felonies. Class 1 misdemeanor DV convictions are punishable by the penalties listed below:
Felony offenses involve higher penalties, including possible prison sentences and lengthier probation terms. Enhanced penalties may apply if you have prior convictions, used a deadly weapon, caused serious physical injury, or breached an order of protection.
Arizona requires that convicted offenders of domestic violence complete a court-approved domestic violence offender treatment course in addition to any jail sentence, probationary period, and fines you may receive.
An offender treatment program is not the same as signing up for an anger management class at the community center. These programs are specifically tailored to domestic violence offenders and must meet certain requirements set forth by Arizona law.
You can expect these domestic violence offender treatment programs to last anywhere from 26 to 52 weeks. The court determines how long you have to complete treatment based on the facts of your case and any sentencing requirements that apply. Domestic violence classes are part of most probation orders. Defendants are typically required to attend class weekly, follow all program rules, and complete the treatment program.
Just like other criminal convictions, being found guilty of domestic violence can come with penalties that reach far beyond your criminal sentence. Depending on the facts of your case, you could see impacts to your child custody or parenting time, your ability to own firearms (both under Arizona law and federal law), your professional license, your current housing situation, and your future employment options.
The court may also place an order of protection on you, limiting your ability to communicate with or visit the alleged victim.
For this reason, it is important to understand all of the statutory penalties and potential collateral consequences when facing a domestic violence allegation.
Often with domestic violence allegations, there are requests for an Order of Protection or Injunction Against Harassment. These court orders could limit where you can go, who you can talk to, force you to move out of your home, and/or temporarily impact your ability to own firearms.
Orders of protection are issued separately from criminal charges. Even though you are waiting for your criminal case to be resolved, there could still be an active protection order. It is important that you understand what the court is asking of you because, if you violate a protection order, you can be charged with another crime and face separate penalties.
When a person is accused of domestic violence, many defenses may be available. A Scottsdale domestic violence lawyer can look at the facts of the case to determine which defense is most appropriate for your situation.
Some people who are accused of domestic violence can use the self-defense or defense of others argument, but they must have used reasonable force, and the threat must have been imminent.
Defense of property can be a strong legal defense when it comes to advocating against domestic violence charges. Video footage, damaged items, and witnesses can help prove your case in court.
After an arrest, prosecutors and law enforcement will work hard to find evidence to prove their case. If any evidence was obtained without a warrant or proper search, that evidence can be thrown out of court.
Under the Fifth Amendment to the U.S. Constitution, all citizens are granted certain rights when under arrest. This includes their Miranda rights, which must be read to the accused before interrogation. If you were interrogated and police failed to read your Miranda rights, contact our lawyers, and we can work towards excluding certain statements.
When there are complex familial relationships involved, there can be confusion or misunderstandings when it comes to consent. This defense is strongest when backed by texts, audio, or witnesses.
If you were forced or threatened to commit a crime for fear of immediate danger of death or injury, you could use this as a defense against your domestic violence charge. Contact us today for a consultation to see how we can help!
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(602) 493-3600Yes, and this is one of the most critical things to understand. In Arizona, once law enforcement responds to a domestic incident and makes an arrest, the decision to pursue charges rests entirely with the prosecutor, not the alleged victim. Even if the other party recants, refuses to cooperate, or explicitly requests that charges be dropped, the State can and often does move forward with prosecution. This is exactly why retaining an experienced Scottsdale domestic violence attorney as early as possible is so important. Attorney Joshua Davidson, as a former prosecutor himself, understands how the State builds these cases and can aggressively challenge the evidence before it ever reaches a courtroom.
The consequences of a domestic violence conviction in Arizona can be life-altering and extend far beyond jail time. Depending on the underlying charge, such as assault, stalking, or unlawful imprisonment. Penalties can include substantial fines, probation, mandatory counseling or intervention programs, and incarceration ranging from months to years.
Aggravating factors, such as use of a deadly weapon or an alleged victim who is pregnant, can significantly increase sentencing. Beyond the courtroom, a conviction can result in the loss of child custody or visitation rights, mandatory forfeiture of firearms, and a permanent criminal record that makes it harder to find employment or housing.
There are several viable legal defenses that an experienced Scottsdale domestic violence lawyer can explore depending on the facts of your case. These include self-defense or defense of others, where the use of force was reasonable and in response to an imminent threat; defense of property, supported by video footage, witnesses, or damaged items; and consent, particularly relevant in cases involving complex or ambiguous relationship dynamics.
Additionally, if law enforcement violated your constitutional rights, such as conducting an illegal search or seizure, or failing to read your Miranda rights before interrogation, key evidence or statements may be suppressed. This can significantly weaken the prosecution’s case. At Davidson Criminal Defense & DUI Law Firm, every angle is thoroughly evaluated to build the strongest defense possible on your behalf.
Immediately. Time is one of the most valuable assets in a criminal defense case. Evidence can disappear, witness memories fade, and the prosecution begins building its case from the moment of arrest.
Having a seasoned attorney involved early allows your legal team to preserve critical evidence, investigate the circumstances of the arrest, challenge any procedural missteps by law enforcement, and potentially negotiate with prosecutors before charges are formally filed or escalated.
Attorney Joshua S. Davidson has been defending clients across Scottsdale and the greater Phoenix area since 2005 and is available 24/7 for immediate consultations. The earlier you act, the more options you have.
Attorney Joshua S. Davidson brings a unique and strategic advantage to every domestic violence case. He is a former prosecutor who knows firsthand how the State builds its cases, what evidence they rely on, and where their arguments are vulnerable. Since founding the firm in 2005, he has secured numerous not-guilty verdicts, charge reductions, and outcomes that have kept clients out of prison.
The firm offers free consultations, is available around the clock, and handles each case with both aggressive advocacy and genuine compassion. When the stakes involve your freedom, your family, and your future, the insight of a former prosecutor now advocating in your corner can make all the difference.
At Davidson Criminal Defense & DUI Law Firm, we have represented many individuals and families and have built up a track record of success. We believe in aggressively advocating for our clients and building a strong defense while providing compassion and friendly services.
When you’re accused of a crime, it can have a significant impact on your life. We want to help you get through this difficult time by seeing that your rights and freedoms are protected in Scottsdale. We can help you in your domestic violence claim. Contact us for a free consultation to find out how we can help you!
Domestic Violence & Orders of Protection in Arizona
Arizona’s Domestic Violence Laws
Domestic Violence and Aggravated Assault in Scottsdale
What to Do If You’re Being Accused of Domestic Violence in Scottsdale, AZ
Arizona Domestic Violence Laws
Arrested? Contact us today at (602) 493-3600.
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