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The relationships we have with our family members and loved ones can be challenging to deal with at times, resulting in verbal arguments or even physical altercations. At times, law enforcement may be called to the scene and an arrest will result. In other scenarios, domestic violence allegations may be made against a person based on exaggerated or completely fabricated claims.
If an act of abuse or assault is classified as domestic violence, you may face imprisonment and fines, as well as the following:
- Loss of child custody or visitation rights
- Loss of the right to own/possess a firearm
- Mandatory domestic violence classes (which you must pay for)
If your freedom is on the line because of domestic violence accusations or charges, you need a strong ally to defend your interests. Law enforcement personnel and prosecutors are designed to give a punishment which often carries jail, probation, classes, fines and a criminal record. Your only chance at avoiding maximum penalties is to have a qualified attorney fighting in your corner, and our domestic violence defense attorneys in Phoenix at Maria Jones Law Firm are prepared to provide the level of criminal defense representation you need. We have offices in Tucson and Phoenix and represent defendants across Arizona.
Defending Clients against Domestic Abuse Charges in Arizona
In Arizona, domestic violence is a type of enhancement for other criminal offenses. This means that, although there is no specific crime of “domestic violence,” a crime may be classified as such if it involves an alleged victim who is in a “domestic relationship” with the alleged abuser. Domestic violence has been defined under Arizona Revised Statute 13-3601.
The following are examples of domestic relationships:
- Persons in a current or former romantic relationship
- Family members
- Parents of a shared child
The following are examples of the types of crimes that may be subject to domestic violence enhancements:
- Physical assault
- Sexual assault
- Emotional abuse
- Violation of a protective order
In addition to the crimes listed above, the state can charge several other crimes as domestic violence. For instance, name-calling, continually criticizing the victim, passing on insulting remarks or making sexual jokes at the victim’s expense, financial exploitation, and other such conduct may also lead to domestic violence charges in Arizona.
Can A Police Officer Arrest You For Alleged Domestic Violence in Phoenix? Can You Fight False Allegations of Domestic Violence?
Yes. A police officer in Arizona may arrest you for alleged domestic violence with or without a warrant. You may be arrested without a warrant if a police officer has probable cause to believe that you have committed the crime. It is not mandatory for the police officer to have witnessed the crime first-hand to make an arrest in domestic violence cases.
For example, if a woman calls the police and tells them that her husband is being abusive and has physically assaulted her, the police may arrest the husband for domestic violence – regardless of whether any direct or indirect evidence proving the allegations is available or not. Later on, it may not matter if the woman (who called the police) says that the husband did not commit a crime. The state can still press charges against the husband if the police and the prosecutors have a reason to believe that they have a case.
So, what should you do when you are falsely accused of domestic violence in Arizona?
Well, the example scenario explained above makes it amply clear that an individual should contact an experienced Phoenix domestic violence attorney at first opportunity when they are accused of domestic violence.
It’s difficult to find a reliable statistic on how many domestic violence charges in Arizona or elsewhere in the United States are based on false allegations. It is mainly because there are no witnesses in a large number of domestic violence cases.
The goal of a domestic violence case trial is to determine whether or not there is sufficient evidence available to indicate that the allegations made against the defendant are true and should be convicted of the offense. An experienced criminal defense attorney serving Phoenix, AZ can thoroughly investigate domestic violence claims against you, interview witnesses, study motives for false allegations, collect documentary evidence, and find ways to fight the domestic violence charges.
A person leveling false domestic violence allegations may have numerous motives. For example, a spouse can falsely claim domestic violence during a divorce, either to hurt the soon-to-be ex-husband/ex-wife or gain an advantage in ongoing legal proceedings. After a heated altercation, one party may falsely accuse the other of domestic violence to enact revenge for emotional hurt.
Best Domestic Violence Defense Lawyers | Maria Jones Law Firm
Domestic violence charges are common in Arizona, but they should not be taken lightly. Convictions in domestic violence cases can result in adverse outcomes; a conviction may also result in a negative stigma that haunts you for years to come. When you find yourself in need of legal help, our Phoenix domestic violence defense attorneys have the legal expertise and domain experience through such charges.
If you or a loved one is currently facing domestic violence charges in AZ, contact Maria Jones Law Firm right away to speak with a skilled, resourceful, and knowledgeable Phoenix domestic violence attorney.
Our client-oriented law firm has been serving the Arizona community with dedicated, personalized services for over 15 years. Our criminal defense attorneys are respected members of the Phoenix, AZ legal community. Our criminal defense lawyers have combined experience of more than 100 years.
Dial (602) 603-4032 anytime to schedule a free consultation with a caring and experienced Phoenix domestic violence attorney at Maria Jones Law Firm. We are available 24/7 to assist you.
An initial consultation will help you understand your legal options after you have been charged with domestic violence in Arizona. Our attorneys will review your case and suggest ways to build your defense.