Domestic Violence
In Arizona, the state retains jurisdiction over all reported domestic violence cases even if the accuser chooses to rescind an earlier decision. However, domestic violence victims can terminate a reported case under special circumstances spelled under the Arizona domestic violence early termination law. The state’s defense domestic violence charges constitute aggravated assault, criminal damage, murder, manslaughter, sexual assault, unlawful imprisonment, criminal damage, physical assault, and kidnapping, among other crimes. Victims of domestic abuse in the state enjoy special rights invoked under the Victim Bill of Rights. The definition of domestic violence is broadly explored under the Arizona Revised Statutes. When your future is on the line due to an alleged criminal offense, let Lane, Hupp & Crowley, PLC put its decades of experience to work for you. Lane, Hupp & Crowley is home to a top defense lawyer and DUI attorneys serving Greater Phoenix. Below is an article exploring whether domestic violence is a felony in Arizona.
Is Domestic Violence a Felony or Misdemeanor in Arizona
Domestic violence is a serious crime under Arizona laws. That means a person charged with domestic violence may face stiffer penalties and other life-defining aftermaths if convicted. To meet the threshold, the defendant must have committed the alleged crime against a party prescribed under the laws. In Arizona, domestic violence is a crime committed by a family member against another member. The relationship factor is a critical determinant in probing domestic violence cases. Parties may be related via marriage (or former marriage), common child, blood relation, relative, or living together. Violence situations don’t have to involve violence to be tagged as domestic violence. The abuses that constitute domestic violence under Arizona laws include neglect, elder abuse, murder, child abuse, sexual abuse, and physical abuse.
Domestic Violence Court Process
For misdemeanor charges, the state has up to one year to file charges against the defendant accused of domestic violence. However, the statute of limitation scales down to 6 months if the case involves a minor infraction and maybe upscaled to 7 years for felony charges. The accused is required to enter a plea once the state files the charges. You can hire an experienced criminal attorney at Lane, Hupp & Crowley, PLC attorney to offer legal advice and representation during the criminal trials. Our lawyer will assess the charges and carry out extensive interrogations with the law enforcement officials. The attorneys will then craft a defense strategy to ward off the charges. Possible defenses against criminal suits include false accusations, tight alibi, self-defense, wrong defendant, and insufficient evidence. For self-defense suits, our experienced attorneys will take a serious look at the police reports to see if the accuser has admitted to being guilty. The attorneys will also analyze the victim’s injuries and inconsistencies in their story. Providing a robust defense will force the court to reduce the charges or dismiss them altogether.
Domestic Violence Penalties
Penalties for domestic violence in Arizona are applied based on the crime committed. The inclusion of domestic violence to the base crime could result in more punitive charges and increase the defendant’s jail time as well as compromise their ability to be granted probation or parole. Although most domestic violence cases fall under misdemeanor charges, a defendant could be slapped with fines of up to $500 or 30 days jail time if the court returns a guilty verdict of Class 3 domestic violence misdemeanor. In Arizona, Class 2, and Class 1 domestic violence misdemeanor charges attract more jail terms and fines. Convictions involving bodily harm and repeated crimes will attract more heavy penalties with extended jail time and fines.
Get the Help you Need
The process of prosecuting and defending domestic violence charges can raise many questions, some of which may remain unanswered. Outcomes of criminal charges rely heavily on the adduced evidence supporting the claims. Hiring the right attorney will help you fight the charges successfully in court. If you’ve been arrested for domestic violence, experienced attorneys at Lane, Hupp & Crowley, PLC are ready to stand by you. Besides decades of experience, Lane, Hupp & Crowley, PLC criminal defense attorneys have extensive court appearances, a successful record of representation, and prosecutor experience. Our practice areas include drug crimes, theft, financial crimes, professional licensure defense, violent offenses, property crimes, and DUI and traffic offenses. To have your case reviewed by our criminal defense attorneys, call (480) 562 3482. You can also visit our website and submit a brief web-form with your legal issue.
