Domestic Violence Attorney in Phoenix
Call (602) 428-7104 if you've been accused of domestic violence!
Due to the severity of the allegations, all domestic violence accusations are taken seriously. In many instances, people are falsely accused of domestic violence, but in Arizona, the burden of proof is on the accused to show that they did not commit the alleged offense. At MayesTelles PLLC, we have helped many people facing DV allegations get their cases dismissed or found "not guilty" at trial.
Domestic violence allegations can result in civil & criminal penalties like:
- An order of protection
- Jail time
- Losing parental rights
- Losing your right to own a firearm
Accused of domestic violence?
You need an experienced, aggressive and understanding legal advocate to fight on your behalf. Seek representation from MayesTelles PLLC! We have more than 50 years of experience and former prosecutors on our side.
False Allegations of Domestic Violence
Oftentimes in pending Arizona domestic violence cases, there are circumstances involving an arrest where there is little or no evidence against the accused and there are no independent eyewitness accounts. There may also be a law enforcement departmental policy, which requires the officer to make an arrest on basic criteria.
Sentencing for Domestic Violence Convictions
Arizona's domestic violence statute is contained in A.R.S. 13-3601.01. Domestic violence cases can be charged as misdemeanors or felonies. Jurisdictions often vary on policies regarding the prosecution of domestic violence offenses, so contact a Phoenix criminal lawyer at our firm directly to learn about the penalties you could face should you be convicted.
Obtain Help from MayesTelles PLLC
If you are charged with a domestic violence offense, you may face restrictions regarding where you can go, what you can do, whom you can talk to, and whom you can contact. Following are some of the most common types of domestic violence crimes charged in Arizona against which our experienced attorneys could defend you:
- Domestic Violence (A.R.S. §13-3601)
- Aggravated Domestic Violence (A.R.S. §13-3601.02)
- Interfering with Judicial Proceedings (A.R.S. §13-2810)
- Disorderly Conduct (A.R.S. §13-2904)
- Child and Vulnerable Adult Abuse (A.R.S. §13-3623)
- Threatening and Intimidating (A.R.S. §13-1202)
- Assault and Aggravated Assault (A.R.S. §13-1203 and §13-1204)
- Criminal Damage (A.R.S. §13-1602)
- Harassment and Aggravated Harassment (A.R.S. §13-2921)
- Violations of Orders of Protection (A.R.S. §13-3602)
Criminal Diversion in Domestic Violence Cases
In some cases, diversion may be available – also known as a "deferred entry of judgment." Diversion generally involves a fine paid to the court and up to 26 weeks or more of anger management/domestic violence counseling classes with a fee for each class. In many jurisdictions, the case will be dismissed if diversion is completed.
Aggravated Domestic Violence
Aggravated domestic violence is a class 5 felony in the state of Arizona. One way to incur this criminal charge is to be accused of a third domestic violence offense within 7 years.
Consider the following minimum jail sentences for multiple DV offenders:
- 3rd DV Offense in 7 Years: Minimum four months in jail
- 4th DV Offense in 7 Years: Minimum eight months in jail
In both cases, probation will not be an option until the mandatory jail sentence, either four or eight months, has been served.
In other cases, an individual is charged with aggravated domestic violence for multiple criminal allegations arising from the same incident. For example, an individual may be charged with assault, disorderly conduct, and criminal damage from the same act.
Assault & Domestic Violence
The elements of the crime of assault are that:
- A person intentionally, knowingly or recklessly causes physical injury to another person (a class 1 misdemeanor); or
- A person intentionally places another person in reasonable apprehension of imminent physical injury (a class 2 misdemeanor); or
- A person knowingly touches another person with the intent to injure, insult or provoke that person (a class 3 misdemeanor)
An assault may be charged as a domestic violence offense based on the relationship between the alleged victim and the alleged perpetrator.
Interfering with Judicial Proceedings/Violation of Order of Protection
Individuals are often charged with interfering with judicial proceedings (a class 1 misdemeanor) as a domestic violence offense under A.R.S. §13-2810, where they are alleged to have knowingly violated an order of protection. Because it must be proven that the person "knowingly" committed the offense, the State has a high burden of proving beyond a reasonable doubt that an individual acted knowingly, and skilled attorneys can often be successful in obtaining a verdict of not guilty at trial.
Disorderly Conduct & Domestic Violence
The elements of disorderly conduct are that a person:
- Knowingly disturbs the peace or quiet of a neighborhood, family, or person
- Engages in fighting, violent or seriously disruptive behavior, or makes unreasonable noise
- Uses abusive or offensive language or gestures to any person in a manner that is likely to provoke immediate physical retaliation by said person
- Makes any protracted commotion, utterance or display with the intent to prevent the business transaction of a lawful meeting, gathering or procession
- Refuses to obey a lawful order to disperse that was issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency
- Recklessly handles, displays or discharges a deadly weapon or dangerous instrument
If a deadly weapon or dangerous instrument is involved, the charge may be a class 6 felony. Otherwise, disorderly conduct is a class 1 misdemeanor. Because a disorderly conduct conviction requires proof of intent and/or knowledge, skilled attorneys are often able to obtain a not guilty verdict.
Threatening or Intimidating & Domestic Violence
The elements of this statute require that a person threatens or intimidates by word/conduct and:
- Cause physical injury to another person or serious damage to the property of another
- Cause, or in reckless disregard to cause, serious public inconvenience, including but not limited to the evacuation of a building, place of assembly or transportation facility
- Cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
Criminal Damage & Domestic Violence
Criminal damage is charged where it is alleged that a person recklessly:
- Defaces or damages property of another person
- Tampers with property of another person so as substantially to impair its function
- Tampers with or damages the property of a utility
- Parks any vehicle in such a manner as to deprive livestock of access to the only reasonably available water
- Draws or inscribes a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
Harassment charges (outlined in ARS 13-2921) originate from conduct described as intentionally or knowingly:
1. Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
Because a harassment conviction requires proof beyond a reasonable doubt of intent and/or knowledge, skilled defense attorneys are often able to obtain a not guilty verdict.
Do you need a lawyer for your domestic violence case?
Any of the above offenses can result in jail time, fines, counseling and further consequences to your community and employment life. Be sure to act quickly and obtain the skilled legal representation that you need.
The aggressive domestic violence lawyers here at MayesTelles PLLC can help you build the defense that you need.