Tucson Domestic Violence Lawyer

Domestic violence arrests are very common in Tucson, in Arizona, and across the country.  Addressing a longstanding failure to criminalize violent acts between spouses, police and law enforcement agencies presently place a strong emphasis on domestic violence crimes.  This article will describe some of the domestic violence offenses that people can be charged with in Arizona law.  Domestic violence charges can have serious consequences including jail or prison, immigration consequences, restraining orders, loss of firearm rights, social stigma and more.  If you or a loved one are facing domestic violence charges, be sure to take the situation very seriously. 
TUCSON CRIMINAL DEFENSE ATTORNEY

Years ago, the police did not get involved in very many domestic violence situations.  Today, it is rare for police to be called out for a domestic disturbance and not to make an arrest.  For law enforcement, the worst thing that can happen after they have been called to respond to a domestic disturbance is that something worse would happen after they leave.  After all, if a couple was already angry and fighting, a visit from police might incite more anger and create a greater danger.  It is for this reason that many law enforcement agencies do everything they can to make an arrest when responding to a domestic violence call.  Some will even resort to deceitful tactics and threats (such as threatening suspected victims of domestic violence with jail or having their children taken away).  Moreover, Arizona law specifically authorizes officers to make domestic violence arrests, even for misdemeanor offenses not having occurred in their presence.  Navigating the legal waters after a domestic violence arrest can be tricky, and it is imperative to have a skilled, knowledgeable attorney on your side.

The uniquely sensitive nature of domestic violence cases has led to separate laws when dealing with already criminal acts, when they occur between couples and within family units.  Although it is against the law to hit anyone, the court system will treat a domestic violence case differently (and more seriously) than, for example, a bar fight. 

ARIZONA DOMESTIC VIOLENCE LAWS
Pursuant to Arizona Revised Statutes 13-3601, domestic violence applies to a wide range of violent crimes when the victim is a child, family member, spouse, former spouse, co-parent, a current or former romantic partner, and the like.  Domestic violence can include:  homicide, endangerment, threats, assault, kidnapping, false imprisonment, sexual assault, revenge porn, criminal trespass, criminal damage (vandalism), interfering with judicial proceedings, disorderly conduct, cruelty to animals, preventing a 911 call, making electronic threats, harassment, stalking, surreptitious photographing, domestic violence and child abuse.  Arizona law also provides for enhanced punishments in domestic violence cases involving a pregnant victim.

AGGRAVATED DOMESTIC VIOLENCE
A person charged in a third or subsequent domestic violence offense within 7 years, or who has been previously convicted of a domestic violence offense in any jurisdiction will be charged with aggravated domestic violence, a Class 5 felony.  Even if the conduct would typically only be a misdemeanor, the history of the defendant is an aggravating factor, resulting in a felony charge, as well as ineligibility for probation, and mandatory prison time.

Domestic abuse is a serious problem, and has been throughout human history.  The scary thing for defendants is that domestic violence enforcement gives some police, prosecutors, and judges a "God complex" and causes them to justify violating a defendant's rights.  False accusations, exaggeration, misunderstandings, and accidents happen, but domestic violence defendants will not get the benefit of the doubt.  False accusations can happen for many reasons in domestic violence cases, including infidelity, child-custody disputes, and an actual attacker trying to claim self-defense. 

Arizonans facing domestic violence charges need an experienced, knowledgeable, thorough criminal defense attorney to properly investigate and present their case.  A dedicated domestic violence lawyer can help get you and your family life back on track, by fighting for you to get the best possible outcome in your case, and helping you avoid future problems.

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