Tempe Domestic Violence Attorney

Domestic violence cases in Tempe, Arizona are common. Whenever family members, romantic partners, or roommates dial 911, Tempe police are sent to start a criminal investigation. Upon arrival, officers separate the parties, take statements, and look for evidence of domestic violence. Tempe police often record statements with body cameras and take photos. Because Tempe police rarely see the incident unfold, they sometimes charge the wrong person or make a wrongful arrest.

Tempe prosecutors continue prosecuting even when an alleged victim wants charges dropped. Once the government gets involved, these decisions are in the sole discretion of the prosecutor’s office. Your criminal defense attorney can speak to the prosecutor about dismissal, plea negotiations, and evidence.

Only Certain Crimes Can be Charged with a Domestic Violence Allegation.

Arizona’s domestic violence statute lists all offenses that may be charged with a domestic violence allegation. The most common domestic violence charges are as follows: 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.

Tempe, Arizona’s Domestic Violence Penalties.

Any domestic violence conviction carries lasting effects. Any domestic violence conviction leaves a criminal record accessible to employers, agencies, and institutions. It impacts gun rights, child custody, employment, finances, and more. When charge with a domestic violence offense, it’s smart to discuss the matter with an experienced Tempe defense attorney who’s familiar with Arizona’s domestic violence laws and Tempe’s law enforcement agencies.

Potential domestic violence penalties vary upon the charges, court, prosecutor, criminal history, and factual circumstances. To get a basic understanding of what you face, first determine if your case is in a felony or misdemeanor court. City courts, municipal courts, and justice courts only handle misdemeanor matters. Conversely, if your case is in Superior Court, there’s at least one felony.

What are the maximum penalties for misdemeanor domestic violence in Arizona?

It depends on the misdemeanor classification you’re charged with.

• A class 1 Misdemeanor carries up to six months jail, $4575, and three years probation.
• A class 2 Misdemeanor carries up to four months jail, $1372.50, and two years probation.
• A class 3 Misdemeanor carries up to one month jail, $915, and one year probation.

Aggravated Domestic Violence Penalties under A.R.S. 13-3601.02.

Collateral Consequences in both Misdemeanor and Felony Domestic Violence Cases.

Any domestic violence conviction may cause collateral consequences outside of any specific penalty imposed by the judge. These are just a few.

• Permanent Violent Criminal Record: Criminal records are public and accessible to employers, agencies, financial institutions, and individuals. Domestic violence looks bad because it gives the impression of a violent history.
• Gun Rights: Our laws prohibit anyone convicted of domestic violence from owning, using, or possessing firearms.
• Child Custody and Divorce: Domestic violence convictions may be used against individuals involved in child custody or divorce proceedings.
• Employment: Many employers are reluctant to consider individuals with domestic violence convictions. If employment requires a firearm, a domestic violation conviction can result in suspension, firing, or demotion.
• Immigration: Domestic violence convictions may negatively affect one’s immigration and legal status.

Domestic Violence Diversion Can Help Avoid a Permanent Conviction.

A diversion program can sometimes be negotiated in domestic violence cases. Domestic violence diversion typically involves counseling and fees. Successful completion of a diversion program results in a compete dismissal of charges. Domestic violence diversion programs are in the sole discretion of the prosecutor’s office. Your criminal defense lawyer can advocate for diversion by outlining personal and legal circumstances that warrant diversion. Diversion is a desirable outcome because it avoids a domestic violence conviction and collateral consequences. But if it’s apparent the State cannot prove the allegations, it might be wiser to reject diversion and fight charges at trial.

Arizona Rules of Criminal Procedure allow for pre-trial diversion under Rule 38. A city prosecutor can also establish a deferred prosecution program under A.R.S. 9-500.22. Tempe city prosecutors sometimes permit deferred judgment agreements. In this type diversion, the judge accepts an admission of guilty, but doesn’t find you guilt. Instead, you’re sent to complete a diversion program. Once you complete the program, all the charges are dismissed and the guilty plea is set aside.

Domestic Violence Release Conditions Often Disallow Victim Contact and Prevent a Return Home.

Often the judge doesn’t allow the defendant to return home if the victim lives there. In addition, a no victim contact order it routine. This can create serious disruption and inconvenience for defendants, victims, and family members.
Motion to Modify Release Conditions.

Your Tempe criminal defense lawyer can motion the Court to modify release conditions for a return home and resumed contact with the victim and family. Whether the judge grants a modification depends upon the facts, victim input, and the prosecutor’s position. The motion is more likely granted when a victim wants the Defendant home, and the underlying allegations are minor.

Tobin Law Office Can Do the Following in Tempe Domestic Violence Matters:

• Negotiate Dismissal, Pre-Trial Diversion, Deferred Judgment, or Reduction.
• Protect Your Firearm Rights.
• Conduct Recorded Interviews or Depositions with Witnesses.
• Retrieve Evidence and Discovery from the Police and Prosecutors.
• Challenge Domestic Violence Allegations at Trial.
• Set Domestic Violence Convictions Aside if Necessary.
• Restore Gun Rights after a Domestic Violence Conviction.
• Provide proactive advice immediately after a Domestic Violence Incident.
• Quash Outstanding Warrants to Avoid Arrest or Jail.
• Make Court Appearances for Clients so that Clients Don’t Miss Personal Obligations.
• Arrange for Telephonic Appearances.
• File Custom Motions to Modify Release Conditions.
• Litigate Pre-trial Motions that are Pertinent to the Case.
• Advocate for a Return Home or Resumed Contact.