Scottsdale Domestic Violence Defense Attorney
Domestic violence laws are inherently complex due to the fact that the victim knows the alleged perpetrator. The victim and accused may even be spouses. Domestic violence charges bring the potential for serious penalties, such as heavy fines, the loss of firearm rights, and jail or even prison time. Having a knowledgeable Scottsdale domestic violence defense lawyer can help you protect your rights and improve the odds of a favorable outcome to your case.
At Dworman Law, we provide strategic and compassionate defense for individuals accused of domestic violence in the Scottsdale area. Our approach focuses on understanding the nuances of your case, identifying weaknesses in the prosecution’s arguments, and advocating for favorable resolutions to the case.
Why Choose Dworman Law?
Facing serious criminal charges is overwhelming, but having a skilled attorney with a proven track record can significantly impact your case. At Dworman Law, we offer focused defense for individuals facing major felonies, such as domestic violence, with a deep understanding of the decisions that shape your future. Our founding attorney brings extensive trial experience to protect your rights at every stage.
We also represent clients in federal criminal matters, providing comprehensive defense for complex cases. Known for our client-focused approach, we emphasize thorough preparation and personalized strategies to ensure each client receives the attention they deserve.
Understanding Arizona’s Domestic Violence Laws
Arizona Revised Statutes § 13-3601 defines domestic violence as specific criminal acts committed between individuals with certain relationships, including current or former spouses, cohabitants, individuals with a child in common, or those in a romantic or sexual relationship.
Offenses classified as domestic violence encompass a range of crimes, such as kidnapping and harassment, when they occur within these defined relationships. The statute mandates that law enforcement officers arrest individuals if there is probable cause to believe a domestic violence offense involving physical injury or the use of a deadly weapon has occurred.
Officers are also authorized to seize firearms present at the scene if they believe the weapon poses a risk of serious bodily injury or death to the victim or others in the household. Under the statute, the classification and penalties for domestic violence offenses vary based on the severity of the crime and any prior convictions. The law also outlines specific procedures for arrest and weapon seizure in domestic violence cases.
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Can Domestic Violence Charges Become Felonies?
Yes, domestic violence charges can escalate to felonies, depending on the circumstances. While many domestic violence offenses start as misdemeanors, factors like repeat offenses, serious physical injury, or the use of a deadly weapon can elevate charges to felony-level crimes.
Felony domestic violence carries the potential for serious and life-altering penalties that can include lengthy prison sentences, substantial fines, and the loss of voting and firearm ownership rights.
Common aggravating factors that can lead to a felony include kidnapping, causing serious physical injury, using or threatening with a deadly weapon, or violating an active order of protection.
Defense Strategies for Fighting Domestic Violence Charges
Domestic violence cases are often fraught with emotion and the potential for conflicts of interest. In some cases, accusations may be motivated by a desire to tarnish the reputation of the accused, especially during contentious disputes like divorce or child custody battles.
A strong defense begins by carefully examining the facts and identifying inconsistencies or ulterior motives behind the allegations. Effective strategies include challenging the credibility of the accuser, presenting evidence of self-defense, or demonstrating that the incident was an accident or fabricated.
An experienced criminal defense attorney can uncover weaknesses in the prosecution’s case by cross-examining witnesses and presenting evidence supporting the defendant’s version of events.
FAQs
Domestic violence charges in Arizona remain on your record indefinitely. Arizona does not allow expungement, but you may petition the court to set aside a conviction after completing your sentence. While a set-aside does not remove the charge from your record, it can demonstrate rehabilitation and may reduce its impact on employment, housing, or other opportunities.
Self-defense is a commonly used strategy in domestic violence cases. It involves proving that your actions were necessary to protect yourself or others from immediate harm. Other defenses include false accusations, lack of evidence, or demonstrating that the incident was accidental rather than intentional. Each defense is case-specific and depends on the facts and evidence presented.
The statute of limitations depends on the underlying charge. Misdemeanor domestic violence offenses typically have a one-year limit, while felonies generally allow up to seven years for charges to be filed. However, certain circumstances, such as aggravating factors, can impact the applicable time frame. Consulting an attorney ensures you understand the limits of your case.
Domestic violence cases vary in duration based on complexity and whether they go to trial. Cases resolved through plea agreements will be resolved quicker, while contested cases or trials may last an extended period of time. Factors like court schedules and the need for evidence collection can also influence the timeline. An attorney can help expedite the process.
Domestic violence charges are prosecuted by the state, not the victim. This means that the decision to drop charges lies with the prosecutor. Even when the alleged victim recants their statement or chooses not to cooperate, the prosecution may still proceed if they believe there is enough evidence to support the case. The defendant’s attorney can present evidence challenging the legitimacy of the charges when seeking dropped charges.
Schedule Your Domestic Violence Defense Consultation Today
Facing domestic violence charges can be overwhelming and carry serious consequences for your future. At Dworman Law, we provide compassionate and strategic defense to help you navigate these complex legal challenges.
Our firm is committed to protecting your rights, challenging the evidence, and working toward an optimal outcome. If you’ve been accused of a serious crime that can lead to life-altering consequences, swift action is essential. Contact our office today to schedule your consultation so we can begin building your defense.
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