Gilbert Domestic Violence Attorney

Are you facing a domestic violence charge? If so, you need a domestic violence lawyer. At Genesis DUI & Criminal Defense Lawyers, we understand that all domestic violence allegations are serious. Your domestic violence case is unlike any other, and a conviction for a domestic violence offense can change your life forever.

Our experienced domestic violence attorney believes in innocent until proven guilty. Our Gilbert domestic violence attorneys lean on our nuanced understanding of local domestic violence laws to defend against all types of domestic abuse charges. Learn more about domestic violence below. Then, contact a criminal defense lawyer from our law firm to schedule a free consultation.

Our Gilbert Domestic Violence Attorney Is Ready To Defend You

The State of Arizona describes domestic violence as an act of abuse by one family member or member of a household to another. While domestic violence is often thought of as doing some sort of physical harm, the crimes are not always violent. In many cases, an individual can be charged with domestic violence simply due to a simple misunderstanding.

Domestic violence charges include a handful of abuses, including physical, sexual, economic control, emotional, and neglect. Types of crimes that fall under domestic violence include assault, battery, disorderly conduct, kidnapping, criminal trespassing, threatening, and witness intimidation.

Domestic violence cases cannot be dropped if the victim does not want to press charges. In this case, the victim is considered a witness and cannot drop the charges. This can be especially frustrating, especially if it is due to a misunderstanding. When such charges are filed, they can only be dropped by the prosecutor if approved by the judge.

The Type of Charges You Face Can Vary Significantly

Charges for domestic violence can vary greatly depending on the crime. It is best to speak to a Gilbert Criminal Defense Lawyer at Genesis DUI & Criminal Defense Lawyers to learn more about your case. For aggravated domestic violence cases, if you are convicted of a misdemeanor three times in 84 months, you can be charged with a felony. In such cases, you could serve as much as 30 months in jail. For more serious domestic violence where the victim is physically assaulted, you could serve anywhere from 5 to 15 years. A domestic violence treatment program is typically required for anyone charged with domestic violence as well.

Types of Domestic Violence

Domestic violence encompasses a range of behaviors that are used to exert power and control. This takes place within a familial or intimate relationship. It can manifest in several forms. They all have distinct characteristics and consequences that affect people on multiple levels. A few examples of domestic violence that someone might be charged with include:

Physical Abuse

Physical abuse is the most recognizable form of domestic violence, involving any act of violence that causes physical harm to the victim. This can include hitting, slapping, punching, kicking, or using weapons. Victims often require medical attention for injuries and may experience long-term health issues as a result. Physical abuse is visibly apparent and can provide clear evidence in legal proceedings against the abuser.

Emotional Abuse

Emotional abuse involves actions and words that are intended to control, intimidate, or demean the victim. This form of abuse can be just as damaging as physical violence, eroding the victim's self-esteem and mental health. Tactics include verbal assaults, threats, constant criticism, and manipulation that can isolate victims from friends and family. It is often harder to prove in court due to its non-physical nature.

Sexual Abuse

Sexual abuse in a domestic setting involves any form of non-consensual sexual activity imposed on one partner by another. This includes rape, sexual assault, or any sexual activity that is not agreed upon, often used by abusers as a tool of power and control. Victims may face serious physical and emotional consequences, including STDs, injuries, and psychological trauma. Legal charges for sexual abuse can carry severe penalties.

Financial Abuse

Financial abuse occurs when one partner exerts control over the other's access to financial resources, significantly limiting the victim's ability to be independent and maintain economic stability. This can include withholding money, restricting access to bank accounts, or sabotaging work opportunities. Financial abuse traps victims in abusive relationships, making it difficult to leave and seek help. Documentation of shared financial transactions and accounts often plays a crucial role in legal interventions.

What Should You Do if Facing Domestic Violence Charges?

Facing domestic violence charges can be an overwhelming and challenging experience. It is crucial to take immediate and thoughtful actions to protect your rights and navigate the legal system effectively. At Genesis Family Law & Divorce Lawyers, we are here to guide you through this difficult time.

Here are some essential steps to take if you are facing domestic violence charges:

• Contact an Attorney Immediately. As soon as you know the charges against you, contact a defense attorney specializing in domestic violence cases. An experienced criminal defense lawyer can guide you through the legal process and protect your rights.
• Do Not Contact the Alleged Victim. Follow any legal orders, such as a no-contact order, strictly. Any attempt to contact the alleged victim can be used against you in court and may worsen your situation.
• Gather Evidence. Collect any evidence that might support your side of the story, including text messages, emails, and witness statements. Documentation can be crucial in disproving false allegations.
• Stay Calm and Composed. Maintain your composure, especially in public and during legal proceedings. Your behavior can impact how others perceive your character and the accusations against you.
• Follow Legal Advice. Strictly adhere to the advice given by your attorney. This includes showing up to all court dates on time and preparing and meeting any bail conditions.
• Consider Counseling. If appropriate, engage in counseling or anger management courses. The court can sometimes view these efforts favorably as signs of your commitment to change.
• Prepare for Court. Work closely with your attorney to prepare your testimony and defense for court. Understanding the proceedings and what's expected of you can help reduce anxiety and improve your chances of a favorable outcome.

What Are Our Defense Strategies?

When facing allegations of domestic abuse, it is crucial to have a robust defense strategy to protect your rights and reputation. At Genesis Family Law & Divorce Lawyers, we understand the complexities involved in these cases and are committed to providing a comprehensive defense tailored to your unique situation.

Here are some potential defense strategies we may employ to advocate on your behalf:

• Alibi. If you were not present at the time the alleged abuse occurred, we can present evidence of your whereabouts. This could include witness testimonies, receipts, or video footage that confirms your alibi.
• False Accusations. We will investigate the motives behind the accusation, such as marital disputes, custody battles, or revenge. Gathering evidence to challenge the accuser's credibility can be an effective defense.
• Self-Defense. In cases where physical violence occurred, we may be able to argue that you were acting in self-defense. Demonstrating that you perceived an immediate threat from the other party can justify your actions under the law.
• Lack of Proof. We will scrutinize the evidence presented by the prosecution to find any inconsistencies or lack of proof. The charges may be reduced or dismissed if the evidence does not meet the legal standard of proof beyond a reasonable doubt.
• Consent. In cases involving allegations of sexual abuse, consent can be a defense if the activity was consensual. We will gather communications and any other relevant information that might indicate consent.

We May Push for Alternative Sentencing Options

We may negotiate for alternative sentencing options in cases where conviction seems likely. These are more rehabilitative rather than punitive. These options might include community service, probation, or attending programs. These are focused on anger management and domestic violence prevention.

Alternative sentencing can often be arranged during plea negotiations and might be favorable for first-time offenders. They are also an option when the circumstances of the case suggest a likelihood of rehabilitation. Alternative sentencing can also impact any potential child custody arrangements.

These alternatives not only help in reducing jail time but also allow the accused to work on underlying issues that might have contributed to the offense. Programs designed for domestic violence offenders focus on education about healthy relationships. They help you manage emotions and learn other skills that can prevent future violence. Successfully completing these programs can sometimes lead to a reduction in charges. Our goal is to push for a favorable legal outcome for you.

You Need a Gilbert Domestic Violence Attorney in Your Corner

If you have been charged, you need an aggressive domestic violence attorney in Gilbert, Arizona, to fight for your rights. Often, domestic violence cases are a matter of simple misunderstandings and police trying to use their best judgment when making an arrest. If you've been charged with domestic violence, you need a lawyer who understands criminal law here in Arizona and has a history of success with criminal defense cases.

Frequently Asked Questions

Domestic violence in Gilbert encompasses a range of behaviors, from physical assault to emotional and financial abuse. It involves any attempt by one person in an intimate relationship to dominate and control the other.

Even if the victim decides not to press charges, the state can still proceed with the case if there is enough evidence. In domestic violence cases, the prosecutor can pursue charges based on police reports, witness testimonies, and other evidence.

A domestic violence conviction can have severe long-term effects, including loss of custody rights, inability to own firearms, and potential employment and housing difficulties. It also leaves a permanent mark on your criminal record, which can affect your life in many ways.

Contact Our Gilbert Domestic Violence Attorney for a Free Case Consultation

At Genesis DUI & Criminal Defense Lawyers, we are here to fight for you. We understand the severe nature of domestic violence allegations. We will provide you with the strongest possible defense. Contact us today to speak with an experienced criminal justice attorney in Gilbert, Arizona.