Domestic Violence charges not only have serious legal consequences upon conviction, but also can create a negative stigma that can follow a person for the rest of their life. In Arizona, whether or not a crime is also considered a domestic violence offense is based on the type of relationship that the alleged defendant and victim have together. The crimes below can also be charged as domestic violence offenses in Arizona. If convicted you could face lengthy probation, large fines, mandatory and expensive domestic violence classes, jail, or even prison. The attorneys and staff at the AZ Defenders have over 100 years of combined legal experience. Our attorneys include former State, County, and City Prosecutors whom have successfully represented hundreds of people accused of various Domestic Violence offenses.
Types of Crimes that Can Also be charged as Domestic Violence Offenses Per Arizona Revised Statute § 13-3601 (A):
Assault, disorderly conduct, criminal damage, negligent homicide, manslaughter, second degree murder, first degree murder, endangerment, threatening or intimidating, aggravated assault, unlawful imprisonment, kidnapping, unlawful distribution of images, sexual assault, criminal trespass, custodial interference, and others.
Types of Relationships that can also be charged as domestic violence offenses Per Arizona Revised Statute § 13-3601(A):
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a
child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant. (d) If the relationship has terminated, the length of time since the termination.
Police Officers Are Granted More Authority Than Normal Crimes for Domestic Violence Offenses
A Police Officer can make an arrest with or without a warrant if they have probable cause to believe that a domestic violence offense occurred. They can also seize a firearm if they see one in plain view and think it could pose a risk to the domestic violence victim or someone else in the house.
Defenses to Domestic Violence Related Offenses
The attorneys at the AZ Defenders pride themselves in finding any and all weaknesses to the prosecution’s case and utilizing the absolute best possible legal defenses to each and every one of our clients’ charges to ensure them the absolute best outcome. Over the years our attorneys have successfully utilized the following defenses to Domestic Violence Related crimes.
-No proof of intent, reckless, or the other required mental state.
-Affirmative Defenses including: Self-Defense, Defense of Others, Defensive Firearm Display, Crime Prevention, among others.
-Suppression of Evidence Due to Fourth, Fifth, and/or Sixth Amendment Violations by the government (including: illegal searches, illegally forced confessions, right to Counsel violations, and Miranda violations).
If you are arrested or charged with a Domestic Violence Related Crime, please contact the AZ Defenders at (480) 456-6400 for a free consultation. We are available to answer your questions 24 hours a day, 365 days a year.