Domestic Violence Defense Attorney | Phoenix, AZ | Aaron Black
Are you searching for a domestic violence defense attorney in Phoenix, AZ? If you are currently facing domestic violence charges and/or have a protective order issued against you, then you have come to the right place. Domestic violence charges are extremely common in Arizona. You will need a lawyer with extensive experience handling cases that fall under the domestic violence statute.
is a defense attorney serving Arizona with years of experience handling a range of criminal cases, including domestic violence and abuse cases. He is a top-rated domestic violence defense attorney in Phoenix Arizona and will vigorously fight for your rights by helping you craft a strong legal defense.
Aaron knows that police officers in Arizona are often called to homes where there are conflicting views about a domestic incident. Police officers deal with a range of criminal matters during a given day and are prone to making mistakes. They could make a wrong assumption and arrest the wrong person or make an arrest when there was no crime committed. Under these circumstances, you should immediately schedule a free consultation
with Aaron and have him aggressively defend you against any false charges or allegations.
What Is a Domestic Violence Charge in Arizona?
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.
It is important to note that not all domestic violence cases involve violent physical contact. Domestic violence can also constitute emotional, financial, mental and neglectful behavior. In short, a domestic violence victim is not required to have physical injuries for the case to proceed.
An AZ domestic violence attorney will understand the legal parameters surrounding domestic violence charges. He or she will know which trial strategies will affect the outcome of your particular case. You should always consult with an attorney near your metropolitan area before making any final decisions about your criminal matter.
How Is a Domestic Relationship in Arizona Defined?
The laws defining a domestic relationship vary from state to state and are often difficult for people to figure out. Attorney Aaron Black has spent many years studying and applying criminal law and has a deep understanding of domestic violence matters. Arizona 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 resided 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 to include those who are related by blood or formal court order
These extending definitions include the following:
Further, the law states that domestic relationships include:
- Children who live or previously lived under the same roof as the defendant
- People who are blood-related to the defendant’s former spouse or to someone who lives or had lived in the same household as the defendant
Finally, domestic relationships include when 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. The courts will ask the following questions to determine whether a relationship meets the standards of Arizona law.
- How frequent was the interaction between the two individuals?
- Has the relationship been terminated? If so, how much time has passed since it ended?
Arizona’s Domestic Violence Law Explained
Criminal charges are often levied during circumstances where the police are called because of aggressive behavior in the family or a similar setting.
However, domestic violence does not have to be violent. It can also be emotional, financial, mental and neglectful.
Domestic violence defense attorney Aaron Black has offered his legal services to clients accused of domestic violence where physical violence was not a factor. His many years of legal expertise have taught him that a domestic violence victim does not 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
What Are the Penalties for a Misdemeanor Domestic Violence Offense?
The Maricopa County Attorney’s office says that 90 percent of domestic violence cases are prosecuted as the most serious of the misdemeanor offenses. This is commonly called a Class 1 misdemeanor domestic violence charge. However, depending on the circumstances of your criminal case, you could receive a Class 2 or 3 misdemeanor domestic violence charge. Here are the penalties for all three categories of misdemeanor domestic violence convictions.
Class 1 Misdemeanor
- Punishable by up to six months in jail
- $2,500 in fines plus surcharges
- Domestic violence classes
- 3 years of probation
Class 2 Misdemeanor
- Punishable by up to four months in jail
- $750 in fines plus surcharges
- Domestic violence classes
- 2 years of probation
Class 3 Misdemeanor
- Punishable by up to one month in jail
- $500 in fines plus surcharges
- Domestic violence classes
- 1 year of probation
The penalties shown above are for first-time domestic violence convictions. A second domestic violence conviction allows prosecutors to ask for a harsher sentence.
A third conviction could result in a more severe felony charge with time in state prison and more substantial fines.
It is important to note that a defendant’s criminal background can alter the fines and jail time he or she receives. The strength of your attorney can also play a significant factor in the outcome of your criminal matter. You should make sure your AZ domestic violence lawyer is fully licensed with the State Bar of Arizona and is well-respected within the legal community. Having strong legal counsel is often the difference between having your charges dropped or receiving a full conviction.
What Are Common Defenses for Domestic Violence Cases?
Similar to drunk driving cases and other criminal traffic matters, Arizona law allows for certain defenses for domestic violence cases, depending on the circumstances of the particular event in question.
The most common defenses for household violence cases and aggravated domestic violence cases include the following:
- Insufficient evidence
- Lack of criminal act: The victim could call the police and falsely accuse someone of domestic violence without any evidence to support the claim
- Lack of criminal intent: The defendant may not have the required intent for domestic violence charges to hold up in court
- Self-defense or Defense of others: 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
- Constitutional violations: The arresting office could refuse the defendant’s right to legal counsel or fail to advise the defendant of his or her Constitutional right to remain silent.
- 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 defense may argue that the prosecutor failed to prove the state’s case beyond a reasonable doubt
- The two parties did not share a domestic relationship as defined in Arizona law.
Of course, there are other defenses that could work depending on the circumstances of your case and the evidence uncovered during discovery. An experienced domestic violence lawyer serving Arizona can help you determine which defense will work best for your domestic violence case.
This is precisely why you should schedule a free consultation with Aaron Black. Aaron worked at the Maricopa County Public Defender’s office before starting his own legal practice. He understands every aspect of Arizona domestic violence law and can offer you a level of personal service that you will only get from a small but experienced law firm. His work ethic is unmatched among his peers, explaining why he has amassed a large number of positive client reviews
over the past 15 years.
What Constitutes Aggravated Domestic Violence in Arizona?
The State of Arizona and medical professionals acknowledge the importance of protecting victims of repeated domestic violence. Arizona lawmakers have armed the state’s aggravated domestic violence law
with harsh consequences and restrictions. The 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.
If you are charged with aggravated domestic violence in Arizona, then it is imperative to retain the counsel of a defense attorney with a wide variety of legal experience. Attorney Aaron Black has experience handling a range of criminal defense cases, including cases involving white-collar crime
. His vast legal knowledge and desire to tackle new challenges will work to your advantage when defending yourself against aggravated domestic violence charges.
Crimes That Can Result in Additional Charges Include:
- 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
Domestic Violence Defense Attorney Frequently Asked Questions
How Much Does a Domestic Violence Lawyer Cost?
If you are the defendant in a criminal case involving domestic violence, then it is crucial that you obtain the legal services of an attorney in Maricopa County. The cost for hiring a domestic violence lawyer will depend on several factors, including the skill level, experience, reputation and track record of the attorney in question. However, the cost of hiring a criminal defense attorney for domestic violence will pale in comparison to the penalties you will receive and the fines you will pay with a conviction.
At the Law Office of Aaron Black, attorney Aaron Black does his best to keep his services as affordable as possible. However, he does possess above-average legal skills, including having strong motion practice, jury appeal and effective trial strategies. The benefits you derive from his legal services will far outweigh any potential costs. Contact him today to schedule a free consultation!
What Should I Look for When Hiring a Criminal Defense Attorney in Phoenix, AZ?
You should look for a criminal defense attorney in Phoenix, AZ that is honest and upfront with you. Your attorney should inform you of what is going to happen with your case and describe all the possible options moving forward.
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. Some of the criminal cases I handle include the following:
In each case that I defend, no matter what charges my client is facing, the goal is always to get the state to dismiss his or her case long before the trial or to negotiate a plea agreement that benefits the person who made a mistake. Whether you are located near Arizona State University or in another part of Maricopa County, I will do my absolute best to staunchly fight and protect your legal rights. This includes hiring a board-certified criminal law specialist to act as an expert witness on your behalf.
How Frequently Do You Defend People Facing Domestic Violence Charges?
Imagine you are hiring a software engineer to design, develop and test a system or application for your business. You would want to hire a software engineer who has experience working with companies similar to your own.
The same can be said for hiring a domestic violence defense lawyer. You want someone with experience handling cases similar to the one you are facing.
As the principal attorney at the Law Office of Aaron Black, I have over 15 years of experience defending clients facing domestic violence charges. My job as a criminal defense attorney in Phoenix, AZ is to protect my clients so they do not get convicted of a crime by the government with undue haste.
Guilty or not, I do not care if my client actually committed a crime. It is not even a question that I ask.
My main focus is whether 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 that my client’s 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
How Often Should I Hear From My Domestic Violence Defense Attorney?
You would expect a licensed certified social worker to communicate with his or her patients as often as needed. The same logic applies to your legal representation. A domestic violence defense attorney should communicate effectively with you and make you feel well-informed and confident about the direction of your case.
Additionally, you should have the ability to communicate with your attorney and his or her support staff in a timely manner. Your telephone calls and emails should never go unanswered for days at a time. This is simply unacceptable.
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 am in court.
Contact Aaron Black for Personal Legal Representation
We have 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 who I am not familiar with showed up in the courtroom in their place.
- My attorney will not return my phone calls.
When your freedom is at stake, you need someone who acts professionally, has knowledge of the legal system and has the experience to back it up.
Representing clients in all Arizona federal, state, county and city courts, I offer my professional services to the following cities:
- Apache Junction
- Tempe, Arizona
If you or someone you know are facing domestic violence charges in Phoenix, AZ, or other communities in Arizona, please contact domestic violence defense attorney Aaron Black or call (480)729-1683 for a free consultation.
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