Domestic Violence

Phoenix Domestic Violence Attorney

Defense for Domestic Abuse Charges

Family conflicts can get out of hand more easily than most people think. When tensions run high, arguments heat up, and serious arguments often end in law enforcement involvement. When someone – an alleged victim, family member, neighbor, or concerned citizen – calls law enforcement, a family member at the scene is usually charged with domestic violence.

If you were arrested for domestic violence in Phoenix, working with an experienced criminal defense lawyer should be your first priority. Law enforcement officials, prosecutors, and judges take allegations of this nature very seriously, which is why it would be wise to contact Suzuki Law Offices as soon as possible. We are available 24/7, so don’t wait to call.

Arizona Offenses Related to Domestic Violence

Under Arizona state law, the term domestic violence refers to any acts or threatened acts of violence that occur between two or more people in a domestic relationship. A “domestic relationship” can refer to the relationship between spouses, dating couples, parents who share a child, parents and their children, siblings, and/or roommates and cohabitants.

This can include assault, battery, assault and battery with a dangerous weapon, threatening, kidnapping, and criminal trespass.

Examples of domestic violence charges under Arizona law include:

Child abuse and abuse to a vulnerable adult (ARS 13-3623)
Assault and battery (ARS 13-1203 and 13-1204)
Stalking/harassment (ARS 13-2921)
Threats or intimidation (ARS 13-1202)
Endangerment (ARS 13-1201)
Criminal trespassing (ARS 13-1502, 1503, 1504)
Criminal property damage (ARS 13-602)

Arizona's domestic violence charges can range from misdemeanors to felonies, depending on the severity of the alleged crime. For example, if the crime involved a weapon or the victim sustained serious injuries, the case may be charged as a felony.

When Arrested, Remain Silent & Cooperate.

If you have been arrested on suspicion of domestic violence, the first thing you need to remember is that you have the right to remain silent and to hire an attorney. When the police arrive to arrest you, don’t try to talk your way out of the arrest. Anything that you say to police, even if you believe you are defending yourself, can be used in court by prosecutors.

Furthermore, be polite to the police. Resisting or being insulting or argumentative can only hurt your image and therefore your case. Once you are in custody, don’t attempt to make any deals with the police or sign any statements. Get in touch with a Phoenix domestic violence attorney from our firm who can ensure that your rights are protected.

Speak With a Phoenix Domestic Violence Lawyer Today

Don’t risk this outcome by not getting in touch with an attorney at your first opportunity. The criminal justice system can be highly complex, but with the right person on your side, you can have your rights protected and move forward with your life as favorably as possible.

At Suzuki Law Offices, we have in-depth knowledge of the law gained from our experience on both sides of criminal cases. Richard Suzuki began his career as a Deputy Maricopa County Attorney and Assistant U.S. Attorney before becoming a criminal defense attorney in Phoenix. We know what local prosecutors and judges are thinking in violent crime cases, and we know how to achieve the best possible results in domestic violence cases. Contact us today for the help you need.

Don’t let a domestic violence accusation ruin your life. Contact Suzuki Law Offices to discuss your case with our Phoenix domestic violence lawyer today!

Consequences of a Domestic Violence Conviction

The consequences of a domestic violence conviction can extend far beyond the criminal punishments of jail time and fines.

If convicted, you can face lasting effects on your reputation and personal and professional life.

The collateral effects of a domestic violence conviction can include:

Job loss
Criminal record
Loss of custody rights
Loss of gun rights
Loss of immigration status

Depending on the case, you may face court requirements that make your life inconvenient or consequences that change your life forever.

Common Defenses for Domestic Violence Charges

Domestic violence charges can be complex because it can come down to a "he said, she said" situation between romantically involved couples. There are two sides to the story, and we work aggressively to tell your side to the court.

Some of the potential defenses for domestic violence accusations can include:

Inadequate proof of domestic violence
Self defense
Lack of criminal intent
Constitutional violations
False allegations by victim

Utilizing the right defense is critical to the outcome of your case. Get started immediately by having an attorney analyze your case and help you build a tailored defense strategy.

Were You Falsely Accused of Domestic Violence?

Being accused of domestic violence – indeed, of any violent crime – should be taken extremely seriously, even if you believe the accusation to be unfounded. Unfortunately, false allegations of domestic violence are not uncommon, especially in heated divorce cases.

Some of the reasons for false accusations of domestic abuse can include:

To gain leverage in a custody or divorce battle
To smear one's reputation
As retaliation for a bad breakup

Aggressively prosecuted in Arizona, domestic abuse cases are not dismissible even if the victim claims they don’t want to press charges. Only the District Attorney has the authority to drop charges once they have been filed.

Domestic Violence FAQ:

Can the victim drop charges against me?

Even if the victim refuses to press charges, the prosecutor can still pursue your case and proceed even without the victim testifying. The victim does not have the authority to drop charges, only the prosecutor.

Will a domestic violence conviction result in a restraining order?

In Arizona, a domestic violence conviction can often result in the issuance of a restraining order, also known as an order of protection. This order can establish specific restrictions on the convicted individual, such as prohibiting contact or proximity to the victim's residence or workplace. The duration and specific conditions of the restraining order will depend on the circumstances of the case and the court's decision.

How does prior history affect a domestic violence case?

Prior history of domestic violence can significantly impact a current domestic violence case in Arizona. Prosecutors and courts consider an individual's prior convictions or incidents of domestic violence as an aggravating factor, which can lead to enhanced penalties or more severe consequences. The severity of the prior offenses, the recency of the incidents, and any pattern of violence may influence the court's decision, potentially resulting in harsher sentencing or other legal ramifications. If you have previous convictions for domestic violence, it's extremely important that you hire a skilled defense attorney to fight on your behalf.

Can a domestic violence conviction impact child custody or visitation rights?

Yes, a domestic violence conviction in Arizona can have implications for child custody or visitation rights. The court's primary consideration in child custody and visitation matters is the best interests of the child. A domestic violence conviction may be a factor that affects the court's decision, as it raises concerns about the safety and well-being of the child.

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