What Is Domestic Violence?
The word “domestic violence” typically refers to a relationship in which one partner uses physical or psychological force against another in the context of an intimate or family relationship. Domestic violence can be physical, sexual, emotional, and psychological- all of which are emotionally damaging forms of abuse. In fact, any Criminal Attorney can tell you how domestic violence is a serious offense.
Domestic violence occurs in many different relationships such as dating, marriage, or de-facto relationships. It occurs between partners of the same sex and of different sexes as well as between family members, siblings, and even friends. However, there are some factors that may be used to determine if the relationship qualifies. Such factors include the type of relationship, length of the relationship, and how frequently the victim and defendant have interacted with each other. There are several ways domestic violence act can be termed as an offense
Pursuant to A.R.S 13-3601.02 (A)
Domestic violence can be recognized as a class 5 felony. This is if the defendant has committed a 3rd domestic violence within 7 years in Arizona or anywhere within the United States. This will call for 4 months in jail or more before the accuser is placed on community supervision. And when one commits a 4th subsequent DV violation within 7 years must serve not less than 8 months in jail
Pursuant to 3601(L) and (N)
If the victim was pregnant, during the time of the offense, the court will consider the fact and even increase the sentence. Additionally, if the defendant was aware that the victim was pregnant, then the court will increase 2 years to the maximum sentence.
Collateral, Pursuant to 18 U.S.C 922 (G)(9)
If any person was convicted in a court of a misdemeanor crime of domestic violence, it shall be unlawful for them to possess any firearm. Yes this is even for defendants first and only domestic violence offense
Now that we have seen how some offenses can be identified as domestic violence enhancement. Let’s discuss a few of the defenses to domestic violation allegations.
- The Victim Does Not Desire Prosecution or Is Uncooperative
Sometimes a victim might refuse to cooperate with the prosecutor. This might be due to a number of reasons such as trauma. The victim might sometimes even want to pursue charges against the offender. However, this may present a serious justifying factor, which a lawyer will present to the prosecutor. Here the prosecutor will review it and decide whether to dismiss the case or go on with the proceedings.
- Statutory Defence
This happens if a parent or guardian might have used reasonable and appropriate force upon the minor, for the motive of maintaining discipline. Another defense is when a person acted under a reasonable belief that the other person was about to commit suicide or cause physical harm to themselves. Lastly is self-defense. A person is justified in the use of physical force upon another person to defend themself if they reasonably believe that such force is necessary to prevent such other person from causing death or great bodily injury to the defendant.
Domestic violence is a serious criminal offense. It is important that victims have proper legal representation to obtain a fair trial, and those accused of such crimes are defended by a reputable attorney. Learn more about felonies and misdemeanor crimes at https://canyonstatelaw.com/chandler-criminal-defense-lawyer/
Canyon State Law,
333 N Dobson Rd #5
Chandler AZ 85224
Find us on Social Media