Tempe Domestic Violence Defense Lawyer

Domestic Violence Defense Attorney in Tempe, AZ

Allegations of domestic violence can result in serious criminal charges and punishments that may impact you legally, personally, and professionally. By learning about Arizona laws with the help of a Tempe domestic violence defense lawyer, you can better understand what to expect, how the law works, and what goes on behind the scenes during these cases in Arizona.

The Tempe Municipal Court, located at 140 E 5th St, Tempe, AZ 85281, handles most domestic violence cases involving misdemeanor-level charges. Felony-level domestic violence allegations may be addressed through the Maricopa County Superior Court.

About Davidson Criminal Defense & DUI Law Firm

Davidson Criminal Defense & DUI Law Firm is dedicated to helping people just like you. Our firm exclusively practices criminal defense. Joshua S. Davidson helped convict criminals as a prosecutor in Maricopa County. As a former prosecutor in the Major Crimes Division, he gained first-hand knowledge of how these types of cases are investigated and prosecuted.

Davidson reviews every case our office accepts to see that we handle every matter with precision. We understand Arizona criminal laws and how they’re applied in local courts, such as the Tempe Municipal Court.

Domestic Violence Laws in Arizona

In Arizona, one or more children encounter domestic abuse every forty-four minutes. In Arizona, up to 27.1% of men and 36.5% of women report having experienced domestic abuse at some point from an intimate partner.

Under Arizona Revised Statutes § 13-3601, domestic violence is characterized by violations committed against a spouse, ex-spouse, a child’s parent, someone with whom the perpetrator has had a child, or an individual in a similar marital-like relationship.

Domestic violence charges don’t necessarily mean you are being accused of committing a new crime. In Arizona, it modifies or categorizes other offenses based on who the victim is and your relationship to them. For example, under Arizona law, assault is defined by Arizona Revised Statutes § 13-1203. However, if you assault certain people, the assault may also be considered domestic violence.

Domestic Violence Penalties

If you were convicted of domestic violence, you’ll face both short- and long-term consequences that reach far beyond your sentence. Penalties depend on the underlying offense, previous history, and specific facts. Criminal penalties can include:

• Jail or prison
• Domestic violence classes
• Fees, fines, and restitution
• Probation
• Loss of gun rights

Collateral consequences include loss of housing, employment, and relationships. These penalties can follow someone for years after the case is resolved. A domestic violence allegation can change day-to-day life even before a case is finalized. Protection orders can restrict where someone can live, spend time, parent, or talk to other people. It may impact someone’s job, especially if they have a career that requires background checks or professional licenses.

Domestic Violence Defense Strategies

No two cases are exactly alike, but there are common threads in defenses depending on the facts. It’s important to note these are just potential approaches based on the actual evidence:

• Arguing that the defendant’s actions do not actually fit the legal definition of the crime
• Disputing the facts as told by witnesses
• Asserting that the defendant was acting in self-defense or defense of others
• Proving that the defendant did not intend to commit a crime

Digital evidence, such as text messages or call logs, can sometimes change how an occurrence is perceived. In others, chronology becomes the main focus. The approach frequently changes as new information becomes available.

When to Hire a Domestic Violence Lawyer

A common question for those accused is whether to hire a domestic violence lawyer to better comprehend their legal situation. Domestic violence situations are usually more complicated than they appear. They often involve a factual dispute and intense emotions. Furthermore, you have to deal with complicated legal codes that most people simply aren’t familiar with.

A good strategy is to carefully examine the evidence and determine if the prosecution’s narrative of events is accurate. You want to look for holes in their arguments and how the law applies to the facts. Keep in mind that even small bits of information can become important in domestic violence cases. A Tempe domestic violence attorney can assist you with court appearances, help you understand protective orders, and explain what you should avoid doing moving forward.

FAQs

What Is the Optimal Defense for Domestic Violence Charges?

The most successful defenses are tailored to the actual circumstances, not a one-size-fits-all approach. Typical defenses include: arguing that the alleged conduct does not meet the legal elements, asserting self-defense, pointing out exculpatory inconsistencies in the complainant’s testimony, or demonstrating a lack of intent to commit a crime.

The greatest defenses are supported by objective evidence, strong timelines, and an application of the elements to the unique facts at hand.

What Is the DV Law in Arizona?

Domestic Violence is not defined as a crime in Arizona. Per Arizona Revised Statute § 13-3601, it is a category that other crimes may be charged as if they occur between specific people related by blood or marriage, cohabitants, or individuals who have a child in common. For example, a battery charge would be considered domestic violence if it was perpetrated against a person in a domestic relationship.

Why Do Domestic Violence Cases Get Dismissed?

Dismissals occur when the evidence presented cannot prove the defendant’s guilt beyond a reasonable doubt. Reasons include inconsistent witness testimony, absence of key evidence, the victim’s unwillingness to cooperate, a recanted testimony, and occasionally constitutional violations such as illegal police practices. Whether the prosecution has sufficient evidence that will hold up in court depends on the specifics of each case.

What Is Weak Evidence in a Domestic Violence Case?

Examples of weak evidence in a domestic violence case include inconsistencies in reports, a lack of physical evidence, unclear timelines, or reliance on hearsay evidence that cannot be substantiated. For example, if two reports are made about the same incident but they do not line up, or major details change in the second retelling, the evidence may not be strong. Any evidence that is limited or doesn’t come from a strong source can be contested later on.

Contact Davidson Criminal Defense & DUI Law Firm Today

If you have been accused of domestic violence, don’t wait to seek legal help in Tempe. Davidson Criminal Defense & DUI Law Firm can help. Contact us today for a consultation.