Scottsdale Domestic Violence Attorney

What Is A Domestic Violence Offense?

Arizona takes domestic violence very seriously, charging the crime as either a misdemeanor or a felony, depending on the situation. Domestic violence consists of any type of violent or threatening behavior done by someone in your family or household. Domestic violence includes emotional abuse as well as physical abuse, sexual assault, and battery, stalking, emotional manipulation coercion, and threats.

Whether or not domestic violence is charged as a felony or misdemeanor depends on how severe the incident was. In general, domestic violence is charged as a misdemeanor, but if it is aggravated, it will be charged as a felony. Aggravated domestic violence includes being charged with a third domestic violence offense within 7 years, if the incident caused injury, involved children, or a deadly weapon. Penalties for domestic violence misdemeanors include up to 6 months in jail and a fine of up to $2,500. For felonies, the penalties can be up to 21 years in jail and up to $150,000 in fines. If you’re facing a domestic violence offense, reach out to our Scottsdale domestic violence lawyer right away to ensure you’re represented by the best in the business who will ensure to protect your rights and your freedoms.

A diversion program is typically available to first-time offenders of minor domestic violence charges. The program focuses on counseling, therapy, community service hours, education programs, and checking in with probation officers. If you are able to go through a diversion program, you will be able to skip the traditional criminal justice program and upon completion, you will have no criminal record.

Deferred judgment is a bit different, but it has a similar outcome. In a deferred judgment, you will plead guilty or no contest, but you will not be given a conviction right away. Instead, you will be required to complete certain requirements such as anger management courses, reporting to probation officers, complete other educational courses on domestic violence, and stay out of any legal trouble. Upon success with these requirements, all charges will be dropped.

These options can be hugely beneficial, especially if it is your first-time being charged with domestic violence. They focus on rehabilitation instead of punitive measures which means you could avoid hefty fines and jail time. If you are accused of domestic violence and you want to see if a diversion program or deferred judgment is available for you, reach out to our Scottsdale criminal defense attorney for more information!

After you are arrested and appear in court for your initial appearance, the judge will evaluate your case and determine certain measures should be taken between now and any further court cases. One of the most common conditions that a judge will impose is to stop you from being able to contact the victim. They do this to protect the well-being and safety of the accuser. This may include an inability to return to your home if there is a concern that further violence may take place.

If you violate these measures, you could face serious consequences including immediate arrest, and revoking your ability for bail. However, these conditions are not necessarily set in stone and you can ask that they are modified. This is especially helpful for those that had unfair restrictions put on them. In order to do so, reach out to our attorneys and they will start the process and ensure the conditions that are placed on you are reasonable.