Mesa Domestic Violence Attorney
Domestic violence charges are common in Mesa, Arizona. When a family member, romantic partner, or roommate calls 911, dispatch sends Mesa police to investigate. Police evaluate the scene and separate everyone to record statements with body-worn cameras. And because Mesa police rarely witness the domestic conduct, they may charge the wrong person or make an arrest when no crime was committed.
Mesa prosecutors will continue prosecuting even when the victim wants a case dropped. Prosecutors may consider victim input; however, it’s not up to the victim on whether to dismiss charges or come to a plea agreement. Those decisions are in the sole discretion of the prosecutor.
Tobin Law Office Provides Effective and Experienced Criminal Defense in Domestic Violence Cases in Mesa’s Criminal Courts.
Mesa’s domestic violence laws are harsh and complex. That’s why it’s wise to consult an experienced Mesa domestic violence lawyer to protect your rights and future. Defense attorney Tim Tobin is a former Mesa prosecutor with years of experience in defending clients against domestic violence charges.
Mesa’s Domestic Violence Courts.
Most Mesa domestic violence matters are investigated and charged by the Mesa Police Department. Misdemeanor cases go to the Mesa Municipal Court. In the rare instance a domestic violence case is investigated by Sheriff’s or DPS, the case will be in one of Mesa’s Justice Courts: West Mesa Justice Court, North Mesa Justice Court, or East Mesa Justice Court. If charged with felony domestic violence, a Mesa case will likely be in the Mesa Superior Court.
What is a domestic violence charge in Mesa, Arizona?
Domestic violence isn’t a criminal offense; rather, it’s an additional allegation that exposes you to harsher penalties. The domestic violence allegation states that the victim shares a domestic relationship with the defendant. Common examples include spouses, romantic partners, relatives, and roommates. Generally, if there’s any family, romantic, or household relationship, prosecutors will allege domestic violence.
With a domestic violence allegation comes harsher penalties. These include a mandatory domestic violence treatment program, the loss of gun rights, custody and divorce implications, and a criminal record. In addition, a domestic violence allegation can sometimes elevate misdemeanor conduct to a felony offense.
What crimes can be charged as domestic violence?
Arizona’s domestic violence statute lists the offenses that may be charged with a domestic violence allegation. The most common domestic violence charges are these: threatening or intimidating, ARS 13-1202; assault, ARS 13-1203; aggravated domestic violence, ARS 13-3601.02; aggravated assault, ARS 13-1204; custodial interference, ARS 13-1302; unlawful imprisonment, ARS 13-1303; kidnapping, ARS 13-1304; 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 Penalties in Mesa, Arizona.
A domestic violence conviction carries lasting consequences. Any conviction leaves a criminal record that’s accessible to employers, agencies, and institutions. It can impact gun rights, child custody, finances, and employment. If charged with a domestic violence offense in Mesa, Arizona, you should consult a Mesa criminal defense attorney that’s familiar with Arizona’s domestic violence laws, as well as the courts and agencies that handle Mesa criminal cases.
Arizona domestic violence penalties vary. To understand what you’re facing, determine whether the case is in felony or misdemeanor court. If the case is in a city or justice court, you’re only facing misdemeanor charges. If, however, the case is in Superior Court, you’re facing at least one felony charge. We address potential penalties for misdemeanors and felonies separately. Then we address collateral consequences to any domestic violence conviction.
Maximum misdemeanor domestic violence penalties.
Mesa’s misdemeanor domestic violence penalties depend upon the classification.
- Class 1 Misdemeanor: 180 days in jail, $4575, and three years of probation
- Class 2 Misdemeanor: 120 days in jail, $1372.50, and two years of probation
- Class 3 Misdemeanor: 30 days in jail, $915, and one year of probation
Mandatory Domestic Violence Treatment under A.R.S. 13-3601.01.
Anyone convicted of misdemeanor domestic violence must complete a domestic violence offender treatment program. The program takes at least 26 weeks and up to 52 weeks. The defendant must pay for the program; however, sometimes health insurance will pay for it. The state-licensed agency must report whether you complete the program. Failure to complete the program results in additional penalties.
Penalties in Felony Domestic Violence Cases.
Penalties for felony domestic violence charges depend on the felony classification and your criminal history. A felony domestic violence conviction can result in anywhere from probation to several years in prison. If you’re charged with aggravated domestic violence, under ARS 13-3601.02, you face a mandatory minimum of four months in jail.
Aggravated Domestic Violence Penalties under A.R.S. 13-3601.02.
Aggravated domestic violence is charged when a defendant has two prior domestic violence convictions within the last seven years. It carries a mandatory minimum of four months in jail. If you have three prior convictions within seven years, there’s a mandatory minimum of eight months in jail. These are just the minimums. As a class five felony, aggravated domestic violence carries up to 2.5 years in prison. If you have a felony record, you can face up to 7.5 years in prison.
Collateral Consequences to any Domestic Violence Conviction.
- Permanent Criminal record: Criminal records are public and accessible to employers, agencies, and financial institutions.
- Gun Rights: Federal law prohibits the possession of firearms for anyone convicted of a domestic violence offense.
- Child Custody and Divorce: A domestic violence conviction can be used against a Defendant in custody and divorce proceedings.
- Employment: Some employers are reluctant to hire individuals with a domestic violence conviction. If your job requires the use of a firearm, a domestic violation conviction can cause job loss.
- Immigration: A domestic violence conviction can negatively impact immigration and legal status.
Additional Domestic Violence Resources
Domestic violence diversion can help avoid a conviction.
In some domestic violence cases, diversion can be negotiated. Domestic violence diversion involves fees and domestic violence counseling. Upon successful completion of the program, your case is dismissed. Domestic violence diversion and deferred prosecution are in the sole discretion of the prosecutor. Your defense attorney can outline why you’re a deserving candidate. Many factors weigh into the prosecutor’s decision on whether to allow diversion. Diversion is usually a desirable outcome because it avoids a domestic violence conviction and collateral consequences. When it’s apparent that the State cannot prove the case, it might be wiser to reject diversion and fight the charges.
Arizona Rules of Criminal Procedure provides for Rule 38 Diversion. In addition, a city prosecutor’s office can establish a deferred prosecution program under A.R.S. 9-500.22. The Mesa City Prosecutor sometimes allows a deferred judgment plea under A.R.S. 9-500.22. Mesa Municipal Court’s diversion requires a guilty plea before starting diversion. In this type of diversion, the judge accepts the plea, but does not enter a conviction. Instead, a defendant is instructed to start diversion, and once the program is complete, the case is dismissed and the plea is set aside. When warranted, a Mesa prosecutor might agree to continue or suspend a case to allow pre-trial diversion, which doesn’t require a guilty plea.
Release conditions sometimes prevent you from returning home.
Sometimes the initial judge won’t let you return home when the victim lives there. This can cause disruption and inconvenience. And often, it’s not what the victim wants. The Court does this in the abundance of caution.
Your Mesa criminal defense lawyer can file a motion to modify release conditions and request permission to return home and resume lawful contact with the victim. Whether the Court grants the motion depends upon the underlying facts, victim input, and prosecutor input. Typically, if the victim wants the Defendant back home, and the underlying allegations are relatively minor, the judge will often allow a defendant to return home.
Your Mesa domestic violence defense attorney can help you restore gun rights.
A mesa defense attorney can file a motion to set aside a domestic violence conviction. The set aside law is found in ARS 13-907. It cannot be filed until completing all sentencing terms, including domestic violence classes, probation, jail, fines, and restitution. If the judge sets aside the judgment, federal law no longer prohibits firearm possession.
Tobin Law Office provides several benefits in Mesa Domestic Violence Cases:
- Flat Fees and Affordable Payments: Tobin Law Office offers a quality and knowledgeable domestic violence defense at a flat rate. The total cost is known up front with no surprises or hidden costs. Our cost effective Arizona criminal defense attorneys are always here to help.
- Former Prosecutor: Mr. Tobin is a former Mesa prosecutor. This provides valuable insight to the other side.
- Personal Attention and Excellent Communication: Attorney Timothy Tobin handles all aspects of the domestic violence case. All clients have Mr. Tobin’s direct cell phone and email for communication.
- Free Domestic Violence Consultations: Reach out to us and you’ll be put in direct contact with Mr. Tobin to discuss your case and have questions answered.
Tobin Law Office Can Do the Following in Mesa Domestic Violence Cases:
- Attend hearings for you so you don’t have to take time from work or family.
- Quash outstanding warrants.
- File a motion to return home or resume contact.
- Raise domestic violence defenses.
- File constitutional motions.
- Negotiate for dismissal, diversion, or reduction.
- Protect gun rights.
- Interview officers and witnesses.
- Investigate the evidence.
- If necessary, fight the charges at trial.
- File a custom motion to set aside a conviction and restore gun rights.
