Chandler, Arizona Domestic Violence Attorney
One of the most common matters we handle are domestic violence cases from Chandler, AZ. In Chandler, whenever a romantic partner, family member, or roommate calls 911, Chandler police immediately drive to the scene. Upon arrival, Chandler police look for physical evidence, separate parties, and take statements while serendipitously recording. Recordings and evidence are then submitted into evidence. Because Chandler police rarely see the domestic incident unfold, and are left with competing testimony, they sometimes charge the wrong person or make a wrongful arrest.
Once Chandler police make an arrest or issue a criminal citation, Chandler or County prosecutors handle the case going forward; the government continues to prosecute even against a victim’s wish to drop it. That’s because it’s the government that presses charges, not the victim. While they might consider victim input, the prosecutor has the final say.
Tobin Law Office Offers Excellent and Experienced Criminal Defense in Domestic Violence Cases in the Chandler Court System.
Chandler, Arizona domestic violence law is unforgiving and complex. Thus, it’s crucial to consult a Chandler criminal defense lawyer to protect your interests, rights, and future. Criminal defense attorney Timothy Tobin is a former prosecutor of two prosecuting agencies with many years of experience defending against domestic violence charges.
Chandler, AZ 85226
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Criminal Domestic Violence Courts Serving Chandler, Arizona.
Most of Chandler’s domestic violence cases are investigated by the Chandler Police Department. Misdemeanor domestic violence charges are usually filed in the Chandler Municipal Court. In very limited instances, a domestic violence case might be referred to the Kyrene Justice Court. If the case is serious enough, or the accused has a sufficient criminal history, Chandler Police may refer the case to Maricopa County Prosecutors for felony or aggravated domestic violence charges, in which case, the case will be in the Mesa Superior Court or Phoenix Superior Court.
What is domestic violence?
Domestic violence isn’t a criminal charge; rather, it’s an added allegation exposing a defendant to harsher (and sometimes mandatory) penalties. The domestic violence allegation states that a defendant shares a domestic relationship with a victim. Arizona law provides a broad and inclusive definition of domestic relations; it includes spouses, romantic partners, relatives, in-laws, and roommates. Any romantic, family, or household relationship will likely be treated as a domestic violence case.
A domestic violence allegation brings harsher additional consequences; these include a lengthy domestic violence program, loss of gun rights, divorce and custody consequences, and a record of violence that can be seen by employers, agencies, and financial institutions. Lastly, a domestic violence enhancement can elevate a misdemeanor offense to a felony crime
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What Arizona crimes can be charged with domestic violence language?
Arizona’s domestic violence statute contains a list of crimes a prosecutor may charge with a domestic violence allegation. The list is long, but more common ones include threatening or intimidating, ARS 13-1202; assault, ARS 13-1203; aggravated domestic violence, ARS 13-3601.02; aggravated assault, ARS 13-1204; unlawful imprisonment, ARS 13-1303; criminal trespass; criminal damage, ARS 13-1602; interfering with judicial proceedings, ARS 13-2810; disorderly conduct, ARS 13-2904; and preventing use of telephone in emergency, ARS 13-2915.
Domestic Violence Consequences, Penalties, and Implications.
Arizona domestic violence cases can hold several lasting consequences. The obvious concern is that it leaves a permanent criminal conviction that cannot be expunged. Further, any domestic violence conviction impacts gun rights, child custody proceedings, employment, and background checks. For these reasons and more, anyone facing a domestic violence charge from Chandler, Arizona should consult a Chandler criminal defense attorney experienced in domestic violence matters, Arizona’s criminal courts, and Chandler’s agencies.
Potential penalties in Chandler domestic violence matters vary greatly based on underlying allegations and criminal history. To understand your potential penalties, first determine whether the case is in a felony or misdemeanor court. City, municipal, and justice courts only hear misdemeanor charges. On the other hand, Superior Court cases will have at least one felony charge. The following paragraphs discuss the potential penalties for misdemeanors and felonies separately. Thereafter, we go over the collateral consequences in any domestic violence case.
Additional Domestic Violence Resources
Maximum penalties in misdemeanor domestic violence charges in Chandler, Arizona.
Misdemeanor domestic violence penalties depends on each misdemeanor’s classification.
- Class 1 misdemeanor carries up to 180 days in jail, $4,575.00 in fines and surcharges, and three years of probation.
- Class 2 misdemeanor carries up to 120 days in jail, $1,372.50in fines and surcharges, and two years of probation.
- Class 3 misdemeanor carries up to 30 days in jail, $915.00 in fines and surcharges, and one year of probation.
Probation can be summary, unsupervised, or supervised; furthermore, the Judge may impose specific probation conditions. If ordered, jail is served at the Maricopa County jail. Work release and weekend sentences are sometimes available.
Mandatory Domestic Violence Treatment Pursuant to A.R.S. 13-3601.01.
Anyone convicted of misdemeanor domestic violence must attend a domestic violence offender treatment program; this takes at least twenty-six weeks and as much as fifty-two weeks. A defendant is responsible for the cost of treatment. Failure to complete the entire domestic violence program will likely result in a probation violation summons with additional penalties. The Chandler municipal court requires defendants to obtain domestic violence services through Chandler’s municipal court’s probation department with monthly probation fees.
Felony penalties in Chandler’s domestic Violence Cases.
Potential felony and aggravated domestic violence consequences depend on the felony classification and one’s criminal history. A felony judgment can result in anywhere from probation to a long stint in prison. If specifically charged with aggravated domestic violence, due to prior domestic violation convictions under ARS 13-3601.02, there’s a minimum of four months in jail.
Potential Penalties for Aggravated Domestic Violence Penalties Under A.R.S. 13-3601.02.
Aggravated domestic violence is charged when one has two prior domestic violence convictions in the last seven years. The seven years is measured by the offense dates. An aggravated domestic violence conviction carries at least four months in jail. If you have three prior domestic violence conviction within seven years, the minimum increases to eight months. But these are just the minimum penalties. As a class five felony, one faces up to two and half years in prison. And if you have a felony record, the max can be as high as seven and a half years.
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Consequences that may come with a Domestic Violence Conviction.
- Permanent violent record: A crime of “violence” sticks out in background checks.
- Loss of Gun Rights: Federal firearm laws prevent anyone with a domestic violence conviction from owning or possessing a gun.
- Child Custody and Divorce: A domestic violence conviction can create a rebuttable presumption against custody.
- Employment: Many agencies and companies red flag applications and background checks showing a domestic violence conviction. If employment requires a firearm, it can cause ineligibility or job loss.
- Immigration: Crimes of violence are never good for immigration or legal status.
Chandler’s Rule 38 Diversion and Deferred Judgment Agreements May Avoid a Criminal Conviction for Domestic Violence.
In some domestic violence cases, diversion or deferred judgment can be negotiated between the defense attorney and prosecutor. The Chandler City Prosecutor’s Office might allow one of two diversionary programs. The first, and more desirable option, is Rule 38 diversion, whereby, the case is suspended to allow a defendant to complete an anger management program.
In the Chandler Municipal Court, your attorney can also advocate for a deferred prosecution program under A.R.S. 9-500.22. With a deferred judgment, the Chandler City Court judge accepts a guilty plea, but doesn’t enter the conviction. Instead, the judge puts the case on hold and instructs the Defendant to start a domestic violence program supervised by the probation department. If the domestic violence program is timely completed and court costs are paid, all charges are dismissed and the guilty plea is set aside.
Both of Chandler’s domestic violence diversion programs are in the discretion of the prosecutor. Your defense attorney can explain to the Chandler prosecutor—both in in person and in writing—why you’re a deserving candidate. Many personal and legal factors can be considered in a prosecutor’s decision to permit diversion.
Diversion is often a desired outcome because it avoids the criminal conviction and collateral consequences that attach to a domestic violence record. Regardless, if it’s apparent the State cannot prove the case beyond a reasonable doubt, it’s sometimes smarter to reject diversion and fight the charges. A skilled Chandler, Arizona defense attorney can explain these options during representation.
Chandler Criminal Attorney Timothy Tobin Can Help You Keep or Restore Gun Rights.
Even if already convicted of a domestic violence offense, a Chandler criminal attorney can file a motion to set aside the judgment to remove your violent convict status. The basis for such a motion is found in ARS 13-907. A motion to set aside a judgment cannot be filed until sentencing terms and probation is complete. With the domestic violence conviction set aside, gun rights are restored.
Tobin Law Office offers the Following in Chandler Domestic Violence Cases:
- Flat Fees with Affordable Payments: Attorney Tim Tobin provides excellent and dedicated domestic violence defense at a flat rate; there are no surprises or hidden costs. All clients are offered a reasonable Arizona criminal defense payment plans for services.
- Former Prosecuting Attorney: Mr. Tobin is a former prosecutor of two different prosecuting agencies; this provides insight on how the prosecutor approaches a case.
- Attentive Communication and Personal Relationship: Attorney Tobin handles all aspects of the cases. Mr. Tobin’s clients have his direct contact for phone, email, and text.
- Free and Confidential Domestic Violence Consultations: When you contact us, you’ll be put in direct contact with Mr. Tobin to go over your case and have your questions answered right away.
Tobin Law Office Provides these Services, and More, in Chandle Domestic Violence Cases:
- Attend court dates for you.
- Arrange for telephone appearances.
- Quash warrants.
- File motions to modify release conditions to return home and resume contact.
- Raise common and nuanced domestic violence defenses.
- File relevant motions.
- Negotiate for dismissal, diversion, deferred judgment, or reduction.
- Protect firearm rights under federal law.
- Obtain discovery: police reports, video, audio, and pictures.
- Interview witnesses and investigate the evidence.
- When necessary, fight the charges at trial.
- File motions to set aside a conviction and restore gun rights.
- And more.