Domestic Violence Defense in Phoenix, AZ
When emotions and tempers rage in family relationships, rational thought is the first casualty, and bad decisions are made in seconds. Of all violent crimes, 15 percent involve intimate partners.
Arizona defines domestic violence as a criminal, abusive act performed by a member of a family or a household upon another member. Domestic relationships include spouses, former spouses, children, present and previous intimate partners, dating relationships, and elderly residents.
Furthermore, the Maricopa County Attorney’s office says 90 percent of domestic violence cases are prosecuted as the most serious of the misdemeanor offenses, and the penalties are as follows.
- Punishable by up to six months in jail
- $2,500 in Fines plus surcharges
- Domestic violence classes (Up to 52 hours)
A second domestic violence conviction allows prosecutors to ask for a harsher sentence.
A third conviction may be charged as a more severe felony with time in state prison and more substantial fines.
Defending My Clients Rights
The Law Office of Aaron Black supports those who are accused of domestic violence. My job as a Criminal defense Attorney in Phoenix, AZ
is to protect my clients so that they do not get convicted of a crime by the Government with undue haste.
Guilty or not, I do not care if my client committed a crime, and it’s not even a question that I ask.
My main focus is if the Government can prove its case beyond a reasonable doubt. Reasonable doubt is a doubt based upon reason and common sense, rather than being based purely on speculation.
With a focus on the fact that we all have Constitutional Rights, I am proud that I can guarantee my clients’ rights are protected while in the court system.
My reasons for defending my clients are as follows.
- To uphold the U.S. Constitution
- To protect the accused from the excesses of law enforcement
- Because it truly is satisfying to help those in trouble
In every case that I defend, no matter what charges my client is facing, the goal is always to get the state to dismiss their case long before the trial or to negotiate a plea agreement that benefits the person who made a mistake.
Domestic Relationships in Arizona Defined
The law specifies several types of relationships that fall under the domestic violence statute.
- Domestic relationships are formed by the following.
- A former marriage
- Other people residing or who previously did reside in the same household
- The defendant and the victim have a child in common
- The victim or defendant is pregnant by the other person
- Extending the definition includes those who are related by blood or formal court order.
- These extending definitions include the following.
- Further, the law states that domestic relationships also include
- The victim is a child who lives or previously lived under the same roof as the defendant
- Is blood-related to the defendant’s former spouse or to someone who lives or had lived in the same household as the defendant
Also, the relationship between the defendant and the victim is romantic or sexual. Either at the time or before the violence as determined by the type and length of the relationship.
- How frequently the interaction was between them
- If the relationship had terminated, and if so, how much time had passed since it ended?
Arizona’s Domestic Violence Law
When there’s aggressiveness in the family or similar setting, and the situation elevates to the police being summoned, a criminal charge comes into play.
Domestic violence doesn’t have to be violent. It can also be emotional, financial, mental, and neglectful. In short, a domestic violence victim doesn’t have to be injured for the case to proceed.
Arizona Revised Statute 13-3601
and its several subsections cover all aspects of domestic violence, which is comprised of several associated offenses, including:
- Physical and verbal assaults
- Assault with a dangerous weapon
- Witness intimidation
- Violating a restraining order or an order of protection designed to keep the aggressor away from the victim
- Child abuse
- Sexual battery
- Sexual assault upon a minor
- Elder abuse
Aggravated Domestic Violence
To protect victims of repeated domestic violence, Arizona Lawmakers armed the state’s aggravated domestic violence law with harsh consequences and restrictions.
Police and prosecutors are aggressive in enforcing this class five felony.
Arizona Revised Statute §13-3601.02
raises a misdemeanor domestic violence charge to the more serious aggravated level under certain circumstances.
This law applies to repeat defendants who have been convicted of second, third, or additional domestic violence offenses in Arizona or some other state and in tribal courts occurring within 84 months (seven years).
Crimes related to aggravated domestic violence cases under Arizona law §13.3601
encompass a long list of crimes that can lead to additional charges.
Crimes that can lead to additional charges
- Negligent homicide
- Criminal damage
- Interfering with judicial proceedings
- Second-degree murder
- Disorderly conduct
- First-degree murder
- Cruelty to animals
- Use of a telephone to intimidate or threaten
- Threatening or intimidating Harassment
- Custodial interference
- Aggravated Harassment
- Unlawful imprisonment
- Surreptitious photographing or filming
- Sexual assault
- Criminal trespassing
Common Defenses to Domestic Violence
Arizona law allows for certain defenses depending on the circumstances of the particular event.
The defenses for aggravated domestic violence include the following.
- At the outset, the officer decides to make an arrest and fails to advise you of the Constitution’s Fifth Amendment right to remain silent and that you have the right to have a defense attorney at the questioning.
- Because the people involved in aggravated domestic violence cases are emotionally involved, and the allegations can become blurred. In some cases, the victim may falsely accuse you.
- The defendant may argue that using physical aggression was lawful because he or she was acting in self-defense and that the other person was the initial aggressor.
- The defense may argue that the prosecutor failed to prove the state’s case beyond a reasonable doubt.
- Another defense is that the two parties didn’t share a domestic relationship as defined in Arizona law.
- Hearsay, a statement made by someone who was not present, is usually not admissible. However, an “excited utterance,” a statement made in an emotionally charged state of mind, might be allowed.
The knowledge and experience of a criminal defense attorney who has defended domestic violence cases may determine other defenses.
Criminal Defense Attorney in Phoenix, AZ
From sexual assault to white-collar crimes, you will never get fed a line of bull from me, just straightforward truth depending on the circumstances of your case, possible defenses, and potential outcomes. Criminal cases such as…
- Aggravated Assault Defense
- Burglary Defense
- Drug Possession charges
- Fraud Defense
- DUI Defense
In each case that I defend, no matter what charges my Client is facing, the goal is always to get the state to dismiss their case long before the trial or to negotiate a plea agreement that benefits the person who made a mistake.
Personal Legal Representation
We’ve all heard horror stories from the legal trenches.
- My lawyer failed to show up at the preliminary hearing!
- The attorney that I initially talked to disappeared into the abyss, and someone that I’m not familiar with showed up in the courtroom in their place.
- My attorney won’t return my phone calls.
At the Law Office of Aaron Black, I represent every one of my clients. Not only will you get personal representation, but you will also have a direct line to contact me, 24 hours a day.
When you have questions, are nervous and just need to talk, or you need to chat to ease your mind, you will have my cell number and can call, text or email at any time. I will quickly respond unless I’m in court.
Although not the cheapest defense attorney in Phoenix, AZ, when your freedom is at stake, you need someone with knowledge of the legal system and the experience to back it up.
Representing clients in all Arizona federal, state, county and city courts, I serve clients in the following cities.
- Apache Junction
- Tempe, Arizona
If you or someone you know are facing aggravated assault charges in Phoenix, AZ, or other communities in Arizona, please contact Criminal Defense Attorney Aaron Black
or call (480)729-1683 for a free consultation.
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