San Tan Valley Domestic Violence Attorneyjoshjacoby2020-09-24T20:18:25+00:00
San Tan Valley Domestic Violence Attorney
Criminal Defense Lawyer, Timothy Tobin, often defends clients in San Tan Valley domestic violence cases. When family, roommates, or romantic partners dial 911 to report San Tan Valley domestic incidents, police respond to the scene. Upon arrival, they secure the area looking for physical evidence of criminal activity. Officers interview everyone separately to compare statements, and often, police secretly record those statements for prosecution. In addition, police sometimes obtain written statements of witnesses to lock them into testimony. Because the responding officers seldom see the incident take place, they rely on the statements of those who were present. This often results in conflicting and self-serving statements. Relying on this biased testimony, San Tan police sometimes charge the wrong person or make a wrongful arrest.
San Tan domestic violence prosecutors move forward with prosecution even if a victim wants charges dropped. That’s because the government presses charges, not the victim. While a domestic violence prosecutor might consider a victim’s opinion, the prosecutor decides whether to drop charges or cut a deal. Rarely do prosecutors drop charges because a victim tells them to.
Tobin Law Office Offers Experienced and Dedicated Representation Against San Tan Valley Domestic Violence Charges.
Arizona’s domestic violence laws are confusing, complex and harsh. That’s why it’s important to discuss domestic violence charges with a San Tan Valley criminal defense attorney to protect your interests, rights, and future. Arizona criminal defense attorney Timothy Tobin is a former prosecutor who regularly defends clients against domestic violence charges from San Tan Valley and the surrounding areas.
What is a domestic violence charge
in San Tan Valley?
In Arizona, domestic violence is not a criminal offense; it’s an additional allegation to an underlying charge exposing defendants to harsher penalties and consequences. The domestic violence allegation states that a crime was committed, and further, that the defendant and victim share a domestic relationship. Arizona has a broad definition of domestic relationships; it includes roommates, spouses, romantic partners, relatives, and in-laws. In other words, when there’s any family, romantic, or household relationship—past or present—the criminal complaint will state domestic violence, exposing a defendant to additional mandatory penalties; these include a lengthy domestic violence program, loss of gun rights, custody consequences, and a public record of violence.
Penalties, Implications, and Consequences of San Tan Valley Domestic Violence Charges.
San Tan Valley domestic violence charges are confusing and stressful. The most common concern we hear from San Tan Valley clients is the prospect of a permanent criminal record of violence. Arizona doesn’t have expungement, which means convictions may populate on background checks forever. In addition, a domestic violence judgment can hurt employment, professional licensing, custody, gun rights, and more.
With so much at risk, those facing domestic violence charges from San Tan Valley should consult an experienced San Tan Valley Criminal Attorney who’s familiar with San Tan’s courts, judges, prosecutors, and law enforcement agencies.
Specific domestic violence penalties depend on the alleged criminal conduct and one’s criminal record. To better understand your potential penalties, first determine whether the case was filed in a misdemeanor or felony court. City, municipal and justice courts only handle misdemeanors. If a domestic violence case has at least one felony charge, it will be filed in Superior Court.
Below we compare misdemeanor and felony penalties in domestic violence cases. Lastly, we evaluate some collateral consequences that might attach in any domestic violence case.
Arizona’s maximum penalties for domestic violence misdemeanor charges.
Domestic violence misdemeanor penalties depend on the misdemeanor’s classification: class 1, 2, or 3. Class 1 misdemeanors carry up to 180 days in jail, up to $4,575.00 in fines and surcharges, and up to 3 years of probation. Class 2 misdemeanors carry up to 120 days in jail, up to $1,372.50 in fines and surcharges, and up to 2 years of probation. Class 3 misdemeanors carry up to 30 days in jail, up to $915.00 in fines and surcharges, and up to 1 year of probation.
Misdemeanor domestic violence probation can be unsupervised or supervised. In addition, the judge has the discretion to order a variety of probation conditions. Misdemeanor jail is served at either the Florence Pinal County Jail or the Maricopa County Jail. Sometimes a judge will allow weekend jail, work release, or “2 for 1” credit.
Anyone convicted of a misdemeanor domestic violence offense must complete a domestic violence offender treatment program provided by an agency approved by the court, the department of health services, the United States department of veterans affairs, or a probation department. This domestic violence program takes at least 26 weeks and up to 52 weeks. Those convicted of misdemeanor domestic violence must pay for the costs of domestic violence counseling. If a defendant fails to timely complete the program, the Judge may resentence the defendant to harsher penalties and additional jail time.
Felony penalties in San Tan Valley Domestic Violence Cases.
Felony and aggravated domestic violence penalties are dictated by the specific felony classification and one’s criminal history. A felony domestic violence conviction carries anywhere from probation to serious prison time in the Arizona Department of Corrections. Those charged with aggravated domestic violence, under ARS 13-3601.02, face a minimum of 120 days in jail.
You may be charged with aggravated domestic violence when you have two prior domestic violence convictions in the last seven years. Aggravated domestic violence is strict because it carries a mandatory minimum of four months in jail. If you have three prior domestic violence convictions, it carries a mandatory minimum of eight months in jail. Those are just the minimum sentences. Aggravated domestic violence is a class five felony, and thus, it carries up to 2.5 years in prison. Even worse, if you have a felony record, you may be subject to an enhanced sentence of up to 7.5 years in prison.
Collateral Consequences of a Domestic Violence Conviction from San Tan Valley, AZ.
Permanent Criminal Conviction on Your Record: Domestic violence convictions show up on background checks. There is no expungement in Arizona, meaning it may always show up on your record.
Firearm Rights: United States law disallows those with a domestic violence conviction from possession, use, or ownership of firearms. This may be cured by a motion to set aside.
Child Custody Implications: When there’s a separate court matter concerning child custody, a domestic violence conviction can be used as a presumption against custody.
Employment: Human resource departments and employers are often hesitant to interview, consider, or employ those with a domestic violence conviction. If a career or position requires firearm possession, a domestic violence conviction can lead to consequences with their employer.
Immigration: Domestic violence convictions can hurt one’s legal status.
How Diversion Programs Can Avoid a Domestic Violence Conviction.
Sometimes diversion can be negotiated between the county prosecutor and defense attorney. Prosecutors at the Apache Junction Justice Court will sometimes negotiate for domestic violence diversion through Corrective Solutions. This is a Rule 38 diversion program, whereby, the case is put on hold for three to six months to allow time to complete individual counseling, education classes, group counseling, and community service. If the program is successfully completed, the charges are dismissed. Domestic violence diversion is not allowed for convicted felons or anyone accused of committing a felony involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
Domestic violence diversion programs are in the sole discretion of the assigned prosecutors. Your criminal defense lawyer, however, might highlight to prosecutors why you’re a deserving candidate. When advocating for diversion, your attorney should emphasize both legal and personal circumstances.
Diversion is often a positive result for clients because it ensures the avoidance of a permanent criminal conviction and collateral consequences. That said, if it becomes apparent that the prosecutor cannot prove the case at trial, it may be wiser to decline diversionary opportunities. A knowledgeable San Tan defense attorney can evaluate and explain all your legal option during the case.
Initial Appearance Judges Sometimes Impose Release Conditions that Prevent Victim Contact.
Sometimes the judge will make an initial ruling that you’re not allowed to return home or have contact during the case. Practically, this might cause defendants to be homeless and lose contact with their family. This is extremely harsh because domestic cases often take months to resolve.
In some cases, your San Tan Valley criminal lawyer can submit custom motions to modify release conditions to resume victim contact and return home. In such a motion, a judge considers victim and prosecutor input. Judges are more inclined to grant modifications when the allegations are relatively minor and there’s no history of violence.
San Tan Defense Attorney Timothy Tobin Can Help Clients Restore Gun Rights.
San Tan Defense Attorney Timothy Tobin Can Help Clients Restore Gun Rights.
Even for clients previously convicted of domestic violence, a San Tan Valley criminal attorney can file a custom motion to set aside a conviction to restore gun rights. The law for such a motion is found in ARS 13-907. The set aside motion can only be granted when all probation and sentencing terms are finished. Once a domestic violence conviction is set aside, federal gun rights may be restored.
Tobin Law Office Provides Clients with Excellent Representation in Domestic Violence Cases from San Tan Valley and the Surrounding Areas.
Flat Fees and Affordable Payments: Defense Attorney, Timothy Tobin, provides affordable Arizona criminal defense services at a flat rate with no surprises or hidden costs. All clients are offered payment plans to cover the entire case.
Former Prosecutor: Criminal lawyer, Tim Tobin, is a former prosecutor of two offices; this experience offers insight on how the State approaches domestic violence cases.
Consistent Communication and Personalized Attention: Mr. Tobin handles all aspects of the client’s case; he doesn’t pass the case to associates or other attorneys. In addition, all clients work directly with Mr. Tobin; they have his direct phone, email, and text for communication.
Free Domestic Violence Consultations: Call or message us any time to be put in contact with Attorney Tobin for a free and confidential consultation on domestic violence matters.
Tobin Law Office, a Criminal Defense Law Firm, offers many Benefits and Services in Defending Against San Tan Valley Domestic Violence Allegations.
Provide Comprehensive and proactive advice to Clients Immediately after a Domestic Violence Incident.
Quash Outstanding Warrants to Avoid Arrest or Jail.
Make appearances in Court for Clients so they Don’t Miss Personal Obligations.
Arrange for Telephonic Appearances for Clients Residing Far from Court.
Modify Release Conditions with Custom Motions.
Advocate for Clients to Return Home or Resume Lawful Contact with Alleged Victims.
Raise a Variety of Domestic Violence Defenses.
File Appropriate Motions Before and During Trial.
Negotiate for Dismissal, Pre-Trial Diversion, Deferred Judgment, Mitigation, or Reduction.
Protect Constitutional Gun Rights.
Interview Witnesses and Conduct Depositions.
Obtain Evidence and Discovery from Government Agencies, Citizens, and Private Institutions.
Fight Domestic Charges at Trial.
Set Domestic Violence Convictions Aside When Necessary.
Restore Gun Rights after a Domestic Violence Conviction.
Pursue All Legal Avenues to Protect Clients.
My results turned out better than expected!
Giselle M. – Gilbert “Mr.Tobin was professional, reliable, extremely knowledgeable but he was also very sincere and genuine which I appreciated very much and he believes in fair justice. ”