Scottsdale Domestic Violence Attorney

Last Modified: April 8, 2024
Scottsdale Domestic Violence Attorney

When facing domestic violence charges in Scottsdale, the emotional and legal challenges can feel overwhelming. Genesis DUI & Criminal Defense Lawyers provide the support and defense you need during these tough times.

Our team specializes in domestic violence cases, offering compassionate yet aggressive representation. We understand the complexity of emotions and the critical consequences of these charges.

Choosing the right domestic violence attorney is important. Our Scottsdale domestic violence lawyer combines expertise with a deep commitment to defending our clients' rights. We believe in a personalized approach, tailoring our defense strategy to the specifics of your case.

Learn more about facing a domestic abuse or domestic violence charge below. Then, contact our Scottsdale domestic violence attorneys to schedule a case consultation.

Our Scottsdale Domestic Violence Attorney Believes in Innocent Until Proven Guilty

At Genesis DUI & Criminal Defense Lawyers, we uphold the principle that everyone is innocent until proven guilty. This belief is the cornerstone of our defense strategy in domestic violence cases. Our Scottsdale domestic violence attorney works tirelessly to safeguard your rights and fight for a fair trial. We scrutinize every detail of the prosecution's case, looking for inconsistencies and weaknesses.

Our approach is thorough and proactive. We gather evidence, interview witnesses, and employ expert testimony to build a strong defense.

Our goal is to minimize the impact of the charges on your life and fight for the best possible outcome. Trust in our dedication and experience to guide you through the complexities of your domestic violence case.

What To Know About Domestic Violence Laws in Arizona

What To Know About Domestic Violence Laws in Arizona

Arizona's domestic violence laws are designed to protect individuals from harm within a domestic relationship. These laws apply to various relationships. This includes those between spouses, former spouses, parents of a child in common, and residents of the same household.

The state defines domestic violence not just as physical harm but also as emotional abuse. This includes intimidation, threats, or any attempt to control another person's behavior.

It's important to understand that the penalties for a domestic violence conviction can be severe. Arizona law, under statutes such as ARS §13-3601, encompasses a wide range of actions as domestic violence, including assault, harassment, and stalking.

A conviction can trigger jail time, fines, mandatory counseling, and loss of firearm rights. Knowing the specifics of these laws and how they apply to your case is essential for a strong defense.

Possible Penalties for a Domestic Violence Conviction

domestic violence conviction in Arizona carries huge penalties. For a first-time offense, you might face fines, jail time, and mandatory participation in a domestic violence treatment program. The severity of the penalties increases with prior convictions or if the offense involved substantial physical injury or weapon use.

A conviction under ARS 13-3601 can carry a prison sentence of up to 7 years if charged as a class 2 felony. Repeat offenses or those classified as aggravated domestic violence under ARS §13-3601.02 can result in even harsher consequences, including longer jail terms, larger fines, and more stringent probation conditions.

The exact penalty depends on someone's prior criminal record, among other factors. Having a knowledgeable defense attorney who can go through these legal complexities and work to reduce or avoid these penalties is critical.

Distinguishing Domestic Violence From Other Types of Violent Crimes

Domestic violence is unique because it occurs within a domestic relationship. This distinction is important because it affects how the law is applied. It also impacts the resources available to victims and defendants. Unlike other violent crimes, domestic violence cases often involve intricate personal histories and emotions. This makes them more complex to go through legally.

Knowing relationship dynamics is key to defending against these charges. Our Scottsdale domestic violence attorney takes the time to understand the context of your case. This is vital for a tailored defense strategy. We consider all aspects of the relationship and the alleged incident. Then, we present the most compelling defense.

Domestic Violence Types in Arizona

Domestic Violence Types in Arizona
  • Physical abuse. This includes hitting, slapping, punching, or other physical harm. The law takes physical abuse seriously, and the evidence can include medical records or witness testimony.
  • Emotional abuse. Emotional or psychological abuse can be just as damaging as physical violence. It involves verbal abuse, threats, or actions meant to control or intimidate the victim.
  • Sexual abuse. Any non-consensual sexual act or behavior within a domestic relationship falls under this category. These are grave charges that require a sensitive yet strong legal defense.
  • Economic abuse. This type involves controlling the victim's financial resources, such as withholding access to money or preventing the victim from working. It's a form of control that can trap victims in abusive situations.
  • Neglect. In some cases, especially involving children or the elderly, neglect can be classified as domestic violence. This includes failing to provide necessary care, leading to physical or emotional harm.

The Importance of Immediate Legal Action

Taking immediate legal action after a domestic violence accusation is needed. The sooner you engage a Scottsdale domestic violence attorney, the better prepared you'll be to face the charges.

Many victims intentionally make false accusations of domestic abuse to serve their own purposes or call the police with domestic abuse stories when, in reality, the other person's actions didn't warrant the term.

Early action allows us to start collecting evidence, interviewing witnesses, and formulating a defense strategy immediately.

Delaying legal representation can harm your case. Evidence can disappear, memories fade, and you might unknowingly compromise your defense. Acting quickly gives you the best chance at a favorable outcome. Let Genesis DUI & Criminal Defense Lawyers stand by your side from the start.

Steps to Take Following a Domestic Violence Accusation

  1. Remain calm. Avoid confrontations or discussions about the domestic violence accusations. Emotional reactions can worsen the situation.
  2. Contact an attorney. Seek legal advice from a Scottsdale domestic violence lawyer immediately. They can guide you on what to do next.
  3. Avoid contact with the accuser. Following an accusation, any interaction with the accuser can be used against you. Keep your distance and communicate only through your attorney.
  4. Document everything. Record any relevant interactions or events leading up to the accusation. This information can be needed for your defense.
  5. Gather evidence. Collect any texts, emails, or other communications that could support your side of the story. Photos or videos can also be helpful.
  6. Identify witnesses. Think about anyone with relevant information about the incident or your relationship with the accuser. Your attorney can interview them to support your defense.
  7. Follow legal advice. Your attorney might give you specific instructions based on the details of your case. Following this advice is vital for a strong defense.

Strategies for Defending Against Domestic Violence Charge

Strategies for Defending Against Domestic Violence Charges
  • Challenge the accuser's credibility. If there are inconsistencies in the accuser's story or motives to lie, we can highlight these to the court.
  • Present an alibi. We could use evidence and witnesses to support your alibi if you were elsewhere during the alleged incident.
  • Show a lack of proof. Domestic violence charges often rely on the accuser's testimony. If there's insufficient evidence to support their claims, we can argue for dismissal or reduction of the charges.
  • Demonstrate self-defense. If the incident occurred in self-defense, we can present evidence, such as injuries you sustained, to support this claim.
  • Negotiate plea deals. Sometimes, negotiating a plea deal for lesser domestic violence charges or penalties is the best action. Our experienced criminal defense attorney can advise on the best strategy.

Navigating Protective Orders and Their Implications

Protective orders, often issued in domestic violence cases, can have huge implications. They might restrict you from returning to your home, seeing your children, or contacting the accuser. Knowing and complying with these orders is essential to avoid further legal complications.

Violating a protective order can lead to additional charges. Our Scottsdale domestic violence attorney can help you understand the order terms and endure its implications. We can also work to modify the order if it imposes unreasonable restrictions on your life.

What Happens If You Violate a Restraining Order?

Violating a restraining order is a major offense that can result in arrest and additional charges. If accused of violating the order, it's essential to contact your attorney immediately. We can help explain the situation to the court and minimize the consequences. Avoiding any action that could be seen as a violation is important while under a protective order.

Plea Agreements and Alternative Sentencing Options

Plea Agreements and Alternative Sentencing Options

Negotiating plea agreements or exploring alternative sentencing options could be your best strategy. These options might include participating in counseling or domestic violence education programs. These could be in lieu of harsher penalties. Our Scottsdale domestic violence attorney has the experience to negotiate favorable terms.

We understand the nuances of plea negotiations and alternative sentencing. We aim to achieve an outcome that allows you to move forward with your life as positively as possible. Each case is unique, and we tailor our approach to fit your specific circumstances.

What To Know About Diversion Programs

Diversion programs are an alternative to typical sentencing. They focus on rehabilitation rather than punishment and may include counseling, education, and community service. Finishing a diversion program can trigger the dismissal of your domestic violence charge. They provide a clear path to rebuilding your life.

Preparing for Trial: Evidence, Witnesses, and Legal Arguments

Preparing for trial requires meticulous attention to detail. We gather evidence, secure witnesses, and formulate compelling legal arguments. Our domestic violence defense attorney is experienced in trial preparation and presentation, ensuring your domestic violence case is as strong as possible.

We focus on presenting your story clearly and persuasively. The goal is to highlight the facts supporting your defense while challenging the prosecution's evidence. A well-prepared trial strategy can make a major difference in the outcome of your case.

We Advocate for You at Sentencing

If sentencing becomes necessary, we focus on advocacy for the most favorable terms possible. We present arguments, highlighting factors that warrant leniency. These include your background, the circumstances of the domestic violence offense, and your potential for rehabilitation. Our experienced criminal defense attorney works to minimize the impact of domestic violence claims on your life.

We develop a sentencing strategy that emphasizes rehabilitation and positive contributions to society. Our Scottsdale domestic violence lawyers argues for sentences that support your growth. We want to avoid purely punitive measures. This approach can lead to alternatives to jail. This could include community service, counseling, or probation. These allow you to maintain employment and family connections.

Contact Our Domestic Violence Defense Attorney at Genesis DUI & Criminal Defense Lawyers

Contact Our Criminal Defense Lawyer

If you or a loved one is the victim of domestic abuse or violence, the our law firmcan help you take immediate action and obtain one of the two major types of restraining orders available in Scottsdale.

Genesis DUI & Criminal Defense Lawyers are here to help. We offer the proficiency and compassion you need during this challenging time. We are committed to defending your rights. Contact us today to schedule a case consultation. 

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