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Phoenix Domestic Violence Lawyer

If you’ve been charged with a domestic violence offense, you need to take it very seriously. If you are convicted of a domestic violence offense, there is a very real possibility of jail time, as well as extensive counseling. In addition to the social stigma that comes with a domestic violence charge, it will stay with you long after your case has ended. Because domestic violence offenses can come with such serious repercussions, it is vital that you seek out an experienced Phoenix domestic violence lawyer to assist you with your case. The domestic violence attorneys at Stone Rose Law have the experience you need so call now for a free consultation.

Arizona Domestic Violence Laws

People believe that a domestic violence offense is one that occurs between spouses or romantic partners. However, in Arizona, the domestic violence label can be attached to an offense in a much broader set of situations.

Depending on the relationship between the people involved, the domestic violence label can be attached to certain enumerated offenses in Arizona. Our Phoenix criminal defense lawyers have defended against the following:

  • Negligent homicide
  • Manslaughter
  • 2nd degree murder
  • 1st degree murder
  • Endangerment
  • Threatening and intimidating
  • Assault
  • Aggravated assault
  • Custodial interference
  • Unlawful imprisonment
  • Kidnapping
  • Sexual assault
  • Unlawful disclosure of images depicting states of nudity or specific sexual activities
  • Criminal trespass in the 1st degree
  • Criminal trespass in the 2nd degree
  • Criminal trespass in the 3rd degree
  • Criminal damage
  • Interfering with judicial proceedings
  • Disorderly conduct as defined in A.R.S. § 13-2904, subsection (A), paragraphs 1,2,3, or 6.
  • Cruelty to animals as defined in A.R.S. § 13-2910, subsection (A), paragraphs 8 or 9
  • Preventing use of a telephone in an emergency
  • Use of electronic communication to terrify, intimidate, threaten or harass
  • Harassment
  • Aggravated harassment
  • Stalking
  • Surreptitious photographing, videotaping, filming, or digitally recording or viewing
  • Aggravated domestic violence
  • Child or vulnerable adult abuse

Arizona Domestic Violence Criminal Offense

If you are charged with one of the foregoing offenses and you have a relationship with the alleged victim like those described in this paragraph, then you can be charged with domestic violence in Arizona and should speak with a Phoenix domestic violence lawyer as soon as possible. The domestic violence label will be applied whenever the defendant is charged with one of the offenses above, and:

  • The relationship with the victim is one of marriage or former marriage or of persons residing in the same household (whether romantically involved or not)
  • The victim and the defendant have a child in common
  • The victim or the defendant is pregnant by the other party
  • 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
  • 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
  • The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship

Domestic Violence Consequences

Domestic violence convictions can have far-reaching results. In addition to the very real possibility of jail and a mandatory 26-week domestic violence counseling course, people convicted of domestic violence offenses often face social stigma, difficulties renting houses and apartments, and difficulties finding or keeping employment. If convicted, and the offense involved the use of force, even if it’s a misdemeanor, they will also lose their gun rights pursuant to federal law. However, the right to bear arms can be regained if the offense is subsequently set aside by the court of conviction. Learn more by speaking with a qualified domestic violence attorney in Phoenix, AZ.

Aggravated Domestic Violence

Some domestic violence offenses are felonies, whereas others are misdemeanors. Many people don’t know that even a misdemeanor domestic violence offense can become a felony under certain circumstances. A.R.S. § 13-3601.02 is defines the crime of aggravated domestic violence in Arizona and states that:

“A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a domestic violence offense and has previously been convicted of any combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.”

What this means in practice is that if a person gets convicted of two domestic violence offenses and is charged with a third one within eighty-four months of the first, the third domestic violence offense can be charged as a felony aggravated domestic violence offense. Aggravated domestic violence is a class 5 felony, and when it involves a third domestic violence offense in 84 months comes with a four-month mandatory minimum jail sentence. Meanwhile, if the conviction is for a fourth domestic violence offense in 84 months the mandatory minimum jail sentence is eight months.

Because relatively minor offenses involving domestic violence can add up to a felony, it is vital that you fight any domestic violence charge to the fullest extent practicable. To do that, you need experienced and aggressive representation from a domestic violence lawyer, so call Stone Rose Law now for a free consultation.

Call a Phoenix Domestic Violence Attorney for a Free Consultation

There are always two sides to every story. In a domestic violence case, it is vital that you retain an experienced and aggressive domestic violence attorney to make sure that yours is presented effectively. If you have been charged with a domestic violence offense, call Stone Rose Law now. We have the knowledge and experience you need to ensure that your rights are protected and that your voice is heard. We offer free consultations by phone, video, or in person. Contact our office online or call (480) 498-8998.