You may be completely taken by surprise when you are arrested and charged with a crime related to domestic violence. It may shock you to learn that one of your family members has made serious allegations against you. If you hope to preserve your relationship with your family and protect your reputation, You Need Suzuki.
A highly skilled Coolidge domestic violence defense lawyer from our firm could help you craft a strong defense strategy. With decades of trial experience and an extensive history of work as former law enforcement officials, investigators, and prosecutors, a Coolidge violent crimes lawyer from Suzuki Law Offices is uniquely qualified to take on your case.
Discuss potential legal strategies further when you contact our office to schedule a confidential consultation today.
Understanding Domestic Violence Designations in AZ
Your Coolidge criminal defense lawyer may tell you that there is no official domestic violence charge under the Arizona criminal code. This is true, but various criminal offenses can carry domestic violence designations.
Some of the most common types of crimes that can be considered domestic violence-related include:
- Aggravated assault under ARS § 13-1204
- Assault under ARS § 13-1203
- Stalking under ARS § 13-2923
- Criminal damage under ARS § 13-1602
- Criminal trespassing in its three levels under ARS § 13-1502, ARS § 13-1503, and ARS § 13-1504
- Disorderly conduct under ARS § 13-2904
- Harassment under ARS § 13-2921
- Intimidation or threatening under ARS § 13-1202
- Kidnapping under ARS § 13-1304
- Sexual assault under ARS § 13-1406
Generally, as described under ARS § 13-3601, if the alleged victim lives with you or is related to you, the crime could be considered domestic violence. With a domestic violence designation may come additional penalties. We will know more about which penalties you should prepare for after reviewing the specific circumstances of your case.
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Get StartedDomestic Violence Laws Impacting Your Case
Multiple domestic violence laws could have an impact on the extent of the charges against you, whether you are tried at the felony or misdemeanor level and other aspects of your case. To prepare accordingly, you can rely on your Coolidge domestic violence lawyer from Suzuki Law Offices to go over laws that directly pertain to your case.
Some of the most notable laws you should be aware of include the Arizona criminal time limitations and which parties are considered household members under the AZ domestic violence statute.
The Statute of Limitations
The prosecutor does not have an unlimited amount of time to file charges against you unless the crime is considered a violent sexual offense or homicide. As described under ARS § 13-107, misdemeanor domestic violence charges must be filed within one year of the alleged offense.
Conversely, if you were accused of committing a felony-level domestic violence offense, the prosecutor will have as much as seven years to file charges.
Who is Considered a Household Member
A crime can only be considered a domestic violence offense if the alleged victim is a household or family member. You must have some type of relationship with this party for domestic violence charges to apply. Some of the individuals who could be classified as household or family members include:
- Anyone with whom you have a romantic or sexual relationship
- Current or former spouses
- Anyone pregnant with your child
- Parents and children
- Anyone who is related by court order, marriage, or blood
- Anyone who has lived in or lives in the same home
- Anyone who has a child in common
Any type of offense that includes a dangerous crime against a child or other member of your household could receive a domestic violence designation. This includes financial, verbal, sexual, physical, or emotional abuse. If you are unsure whether the alleged victim in your case should be considered a household or family member, we can discuss this further during your initial consultation.
Lawyer Near Me 602-682-5270A Restraining Order May Be Taken Out Against You
Do not be surprised if a restraining order is taken out against you when you are accused of a domestic violence offense. These are more formally known as “orders of protection” and may include specific restrictions as outlined in ARS § 13-3602. Some of the rules you will be expected to follow if a restraining order is taken out against you include:
- Staying away from your shared home
- Not contacting those protected under the order
- Staying away from the home or workplace of those protected under the order
If this is a mandated restraining order, you are legally required to adhere to the terms. If you violate a restraining order, you can face class one misdemeanor criminal charges under ARS § 13-2810. If convicted of violating a restraining order, you could be looking at up to six months in jail and as much as $2,500 in fines in addition to the consequences you will face for the domestic violence charges against you.
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Penalties That Comes With a Domestic Violence Conviction
Your Coolidge domestic violence defense attorney will ensure you understand the extent of the consequences you are up against and explain how to defend yourself against false domestic violence accusations if this is the case for your situation. Generally, the type of penalties you face depends on the type of domestic violence charge against you. However, with an aggravated domestic violence charge under ARS § 13-3601.02, you could be facing enhanced penalties, such as:
- Up to $150,000 in fines
- As much as 7 1/2 years in prison
- Community service
- Mandatory anger management
Collateral consequences could be just as impactful as the criminal penalties. With your reputation destroyed, your career could be affected, and you could lose your professional license and even be homeless if you have had a restraining order taken out against you by the alleged victim. Since the stakes are so high, it is imperative that you get a highly skilled criminal defender on your side if you are going to avoid the fallout of a conviction.
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Trust in a Reputable Domestic Violence Defense Lawyer in Coolidge Today
When allegations of this nature have been made against you, you must take steps to protect your reputation. You could be removed from your home, prohibited from contacting your family members, and potentially lose your job or professional license. Consult a trial-tested domestic violence defense attorney in Coolidge from Suzuki Law Offices to determine how to best approach your defense.
Depending on your criminal record, the extent of the allegations against you, and other factors, it may be a better option for you to work out a plea deal with the district attorney. However, if we believe it is in your best interest to take your chances at trial, we are not afraid to go up against the state to protect your rights. Contact our legal team by phone or through our confidential contact form to schedule your initial defense strategy session as soon as today.
Call or text 602-682-5270 or complete a Free Case Evaluation form