Queen Creek, Arizona Domestic Violence Attorney
Tobin Law Office, a criminal defense law office, represents defendants in Queen Creek domestic violence cases on a regular basis. In Queen Creek, AZ, if a family member, romantic partner, or roommate dials 911 to report a domestic disturbance, the Maricopa County Sheriff’s Office responds with police officers. Upon arrival, police look for physical evidence of domestic violence, interview parties separately, and take statements. Sometimes police will covertly record statements. Recordings and written statements are provided to the prosecutor for prosecution. The sheriffs rarely see the domestic violence. As such, they rely on statements of those involved. For these reasons, officers might charge or arrest the wrong person. Or they might make an arrest when no crime occurred.
When Queen Creek law enforcement charges or arrests someone with domestic violence, the Maricopa County Attorney’s Office prosecutes the case. Defense attorney, Tim Tobin, is a former prosecutor of the Maricopa County Attorney’s Office. In some rare cases, where the incident took place outside Queen Creek’s jurisdictional boundaries, in Pinal County, the Pinal County Attorney’s Office handles the case. County prosecutors go forward with domestic violence prosecution even if the alleged victim wants the case dropped. That’s because the government presses charges—not the alleged victim. Prosecutors can consider a victim’s input, but only the prosecutors decide whether to drop charges or make a deal.
Tobin Law Office Provides Clients with Dedicated and Experienced Defense Services in Domestic Violence Matters in Queen Creek, Arizona.
Arizona’s domestic violence laws are complex and harsh. And thus, it’s important to discuss your case with an Queen Creek criminal defense attorney to protect your future and rights. Criminal lawyer Tim Tobin is a former prosecutor with many years of experience in defending clients against domestic violence charges.
Mesa, AZ 85204
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Law Enforcement Agency Serving Queen Creek, AZ.
The Maricopa County Sheriff’s Office is Queen Creek’s law enforcement provider. Queen Creek invests millions of dollars every year to pay for for dozens of on-site patrol officers, detectives, and supervisors to work on Queen Creek cases. Those charged or arrested in Queen Creek are usually taken to MCSO’s District 6 Queen Creek Substation, located at 22308 S. Ellsworth Rd. Queen Creek, AZ 85142. Th substation’s non-emergency phone number is 602-876-1011.
Courts Handling Queen Creek’s Domestic Violence Cases.
Domestic violence charges from Queen Creek are investigated by the Maricopa County Sheriff’s Office. Misdemeanor charges are generally filed in the San Tan Justice Court. If an incident occurred in Pinal County, the charges may be filed in the Apache Junction Justice Court. When a case warrants felony prosecution, or the defendant has a significant criminal history, Queen Creek Sheriffs send charges to either the Maricopa County Superior Court in Mesa or in Phoenix.
What is a domestic violence offense in Queen Creek?
Domestic violence is an additional allegation on a criminal complaint that exposes the accused to harsher penalties and consequences. A domestic violence allegations states that a crime was committed, and further, the defendant and victim share a domestic relationship. Arizona provides an explicit definition of what constitutes a domestic relationship. The definition includes roommates, spouses, romantic partners, relatives, and in-laws. The domestic relationship can be past or present for purposes of criminal prosecution. Practically speaking, when there’s any family, romantic, or household relationship, the criminal complaint will state that it’s a domestic violence case, which exposes a defendant to additional penalties such as a lengthy domestic violence program, loss of gun rights, custody consequences, and a crime of violence on one’s public record.
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What Arizona crimes can be charged with domestic violence language?
The full list of crimes that may be charged with a domestic violence enhancement are found in Arizona’s domestic violence statute. The list is long. Here are the most common ones charged by prosecutors and police in Queen Creek: 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.
Penalties, Implications, and Consequences of Domestic Violence Charges.
Penalties in Queen Creek Domestic Violence cases can be exacting and harsh. The most common concern of Queen Creek clients is that the charge may leave a permanent record of violence. And Arizona doesn’t have expungement. Making matters worse, any domestic violence judgment may negatively impact employment, public records, custody, and second amendment rights. As such, those facing domestic violence charges from Queen Creek should consult an experienced Queen Creek Criminal Attorney who’s familiar with Queen Creek’s Courts and law enforcement agencies that process domestic violence cases from Queen Creek.
Applicable domestic violence penalties depend on the charged criminal conduct and the accused’s criminal record. To understand potential penalties, first determine whether the case was filed into a misdemeanor or felony court. Municipal, city, and justice courts only handle misdemeanor matters. Any case with a felony charge, will be filed in either the Maricopa County Superior Court or Pinal County Superior Court. Next, we compare misdemeanor versus felony penalties in domestic violence cases. Thereafter, we cover collateral consequences that might attach in any domestic violence case.
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Maximum penalties for domestic violence misdemeanors.
Domestic violence misdemeanor penalties are based on the underlying crime’s misdemeanor classification: class 1, 2, or 3.
- Class 1 misdemeanor: up to 180 days in jail, $4,575.00 in fines and surcharges, and 3 years of probation.
- Class 2 misdemeanor: up to 120 days in jail, $1,372.50 in fines and surcharges, and 2 years of probation.
- Class 3 misdemeanor: up to 30 days in jail, $915.00 in fines and surcharges, and 1 year of probation.
Misdemeanor domestic violence probation may be unsupervised or supervised; furthermore, the domestic violence judge can order many types of probation conditions. Any jail ordered would be served at the Maricopa County Jail. Sometimes a judge will order weekend sentences or work release.
Mandatory Domestic Violence Treatment Under A.R.S. 13-3601.01.
Anyone convicted of domestic violence offense must complete a domestic violence offender treatment program; this takes at least 26 weeks and up to 52 weeks. Convicted defendants are responsible for the costs of domestic violence counseling. If a defendant fails to timely complete the domestic violence program, the Judge may resentence the defendant to even harsher penalties.
Felony penalties in Queen Creek Domestic Violence Matters.
Felony and aggravated domestic violence penalties hinge on the felony classification and the accused’s criminal history. A felony domestic violence conviction carries anywhere from felony probation to a lengthy stay in an Arizona Department of Corrections. Those charged with aggravated domestic violence, under ARS 13-3601.02, face a minimum of 120 days in jail.
Aggravated Domestic Violence Penalties Under A.R.S. 13-3601.02.
The county attorney will charge aggravated domestic violence if a defendant has two prior domestic violence convictions in the past 84 months. Aggravated domestic violence is strict because it carries a minimum of four months in jail. And if a defendant has three prior domestic violence convictions, the minimum is eight months in jail. And those are merely the minimum sentences. As a class five felony, aggravated domestic violence carries up to 2.5 years in prison. If a defendant has prior felony conviction, the judge could sentence a defendant up to 7.5 years in prison.
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Collateral Consequences that Come with a Queen Creek Domestic Violence Conviction.
- Permanent and Public Criminal Record: Violent crimes appear on background checks performed by institutions, employers, and private citizens.
- Right to Own or Possess Firearms: United States law forbids anyone with a domestic violence conviction from owning or possessing a firearm.
- Child Custody Implications: If there is a separate court matter concerning child custody, a domestic violence conviction can be used as a rebuttable presumption against custody.
- Employment: Some employers, and human resource departments are hesitant to interview, consider, or hire those with domestic violence convictions on their record. For those jobs that require the use of a firearm, a domestic violence conviction can lead to a demotion, suspension, or termination.
- Immigration: Domestic violence convictions may negatively impact one’s legal status.
How Diversion Programs Might Avoid the Domestic Violence Conviction.
In some domestic violence cases, diversion can be negotiated between the county prosecutor and defense lawyer. Prosecutors at the San Tan Justice Court and Maricopa County Superior Court generally do not allow diversion because of a long-standing policy against domestic violence diversion. If, however, the prosecutor is willing to deviate from policy, they could coordinate diversion through their general diversion provider—SAGE counseling. SAGE is licensed by the Arizona Department of Health Services to provide court-ordered domestic violence treatment.
Prosecutors at the Apache Junction Justice Court will sometimes negotiate for domestic violence diversion through Corrective Solutions—their domestic violence treatment provider. Corrective Solutions provides Rule 38 diversion where cases are paused to allow defendants to complete domestic violence diversion. The program involves individual counseling, education classes, group counseling and community service.
Domestic violence diversion is not permitted for anyone with a felony record, or anyone accused of committing a felony involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument. In addition, Domestic violence diversion programs are in the exclusive discretion of the prosecutor. Your criminal attorney, however, could highlight to an assigned prosecutor why you’re a good candidate for diversion. When advocating for diversion, both legal and personal circumstances should be outlined by your criminal lawyer.
Diversion programs are often beneficial because it ensures the avoidance of the criminal conviction and the consequences that come with it.
If it’s apparent that the prosecutor cannot prove the domestic violence case at trial, it may be prudent to decline diversion opportunities. A skilled and experience Queen Creek Criminal Lawyer can evaluate and explain your options throughout the criminal procedure.
An Initial Appearance Judge Might Order Release Conditions that Forbid Contacting the Victim or Returning Home.
Sometimes the first judge will make an initial ruling that the accused isn’t allowed to return home or have victim contact while the case is pending. This can be extremely inconvenient because cases can take months.
Sometimes, your Queen Creek defense attorney can write, file, and argue a custom motion to modify release conditions to permit victim contact and a return home. In ruling on this motion, the judge considers victim input, case facts, and the prosecutor’s position. These motions are more likely granted when the allegations are relatively minor and there’s no history of violence.
Queen Creek Criminal Lawyer Tim Tobin Regularly Helps Clients Restore Gun Rights.
Even for those previously convicted of domestic violence, a Queen Creek defense lawyer can file a custom motion to set aside your domestic violence conviction and restore gun rights. The law for the motion is found in ARS 13-907. The motion to set aside can only be filed after all probation and sentencing terms are finished. Once it’s set aside, gun rights are restored.
Tobin Law Office Provides These Benefits in Domestic Violence for Queen Creek Clients and Cases Occurring within Queen Creek, Arizona.
- Transparent and Flat Fees with Affordable Payments: Criminal defense lawyer Tim Tobin provides defense services at a flat rate with no surprises or hidden costs. All clients are offered payment plans for Arizona criminal defense.
- Former Prosecutor: Criminal defense attorney, Timothy Tobin, is a former prosecutor of two prosecuting agencies; this provides valuable insight to the other side.
- Excellent Communication and Personalized Service: Attorney Tobin handles all aspects of the case; he doesn’t hand the case off to associates. Client work directly with Mr. Tobin and have his direct phone, email, and text for communication.
- Free Domestic Violence Consultations: Contact our office and be put in contact with Attorney Tobin for a free and confidential consultation.
Our Criminal Defense Law Firm Provides these Service, and More, in Defending Against Queen Creek Domestic Violence Charges.
- Advise Clients Immediately after a Domestic Violence Arrest
- Quash Outstanding Arrest Warrants
- Appear in Court for Clients so they Don’t Miss Meetings or Personal Obligations
- Arrange for Telephone Appearances when Clients are Outside Arizona
- File Custom Motions to Modify Release Conditions
- Help Clients Return Home or Resume Lawful Contact with the Alleged Victim
- Raise Domestic Violence Defenses
- File Appropriate Motions During the Case
- Negotiate for Deferred Judgment, Mitigation, Diversion, Reduction, or Dismissal.
- Protect Gun Rights.
- Interview Witness and Conduct Depositions.
- Obtain Evidence and Discovery from Police and Prosecutors.
- Fight the Charges at Trial.
- File Post-Conviction or Post-Dismissal Motions.
- Set Domestic Violence Convictions Aside.
- Restore Gun Rights after a Domestic Violence Conviction.
- Much More.