Scottsdale Domestic Violence Lawyer
Claims of domestic violence are serious, especially when the allegation results in a formal criminal charge. There’s far more at stake than a fine or a court-ordered instructional course. Without the right defense, you have a greater chance of being convicted and serving jail time. If there is a pending family law matter, a domestic violence case is often leveraged against you by the other party. Many people facing similar charges turn to a Scottsdale domestic violence lawyer to defend their legal rights.
At Lerner and Rowe Law Group, we have a team of Scottsdale criminal defense attorneys that are ready to stand up for you. When we take on a case, we put everything we have into it, investigating the facts of what really happened and creating a unique defense strategy that will give you the best chance of success.
To unlock this high level of legal representation at an affordable rate, you’ll need to call Lerner and Rowe Law Group at 602-667-7777. Don’t face impending court dates alone. Instead, lean on your experienced criminal defense attorney.
Why Should I Hire a Scottsdale Domestic Violence Defense Lawyer?
Yes, you should hire a domestic violence defense attorney if charged with a crime in Scottsdale, Arizona. Your attorney will dive into the facts and investigate exactly what happened during the alleged event. Then, we’ll build a dynamic defense that may help lower your charges or completely wipe them from your record.
At Lerner and Rowe Law Group, we also help you understand all players in the courtroom along with how to best represent yourself during hearings and trials. This invaluable advice can make an enormous difference between a successful defense and an unsuccessful one.
What Is a Domestic Violence Offense in Arizona?
In Arizona, a “domestic violence” charge is not a specific crime but a designation added to certain criminal offenses based on the nature of the relationship between the parties involved. It applies when the accused and the victim share a specific relationship, such as being current or former spouses, romantic or sexual partners, cohabitants, family members, or having a child in common. When a crime like assault, harassment, or disorderly conduct is committed against someone with whom the accused shares one of these relationships, it is classified as domestic violence, leading to enhanced legal consequences.
Types of Criminal Cases a Scottsdale Domestic Violence Lawyer Handles
In Scottsdale, Arizona, some of the most commonly charged misdemeanor domestic violence offenses include:
- Assault: Intentionally causing physical injury or placing someone in reasonable fear of imminent physical injury. This is often charged when there are no serious injuries.
- Disorderly Conduct: Engaging in disruptive behavior, such as fighting, making unreasonable noise, or using offensive language, particularly in a domestic context.
- Criminal Damage: Intentionally damaging or defacing someone else’s property, including acts like breaking personal belongings during a domestic dispute.
- Threatening or Intimidating: Making threats of physical harm or engaging in conduct that would cause a reasonable person to fear for their safety.
- Harassment: Engaging in a course of conduct that seriously alarms or annoys another person without a legitimate purpose, which could include repeated unwanted contact or communication.
- Interfering with Judicial Proceedings: Violating a court order, such as an order of protection or restraining order, related to a domestic situation.
- Trespassing: Entering or remaining on another person’s property without permission, particularly in situations involving former partners or shared residences.
These offenses, when committed in the context of a domestic relationship, can be charged as domestic violence misdemeanors, leading to additional legal consequences beyond the standard penalties.
It’s important to hire a criminal defense attorney who will fight for your rights as if they are their own. Even if your charge is not listed above, contact us now. We may be able to help or guide you in the right direction.
Penalties Our Scottsdale Criminal Lawyers Fight on Behalf of Clients
In Arizona, the penalties for a misdemeanor domestic violence charge can vary depending on the specific circumstances of the case and the defendant’s prior criminal history. Generally, domestic violence charges are classified under various misdemeanor levels:
- Class 1 Misdemeanor: The most severe misdemeanor level, punishable by up to 6 months in jail, a fine of up to $2,500 plus surcharges, and up to 3 years of probation.
- Class 2 Misdemeanor: Punishable by up to 4 months in jail, a fine of up to $750 plus surcharges, and up to 2 years of probation.
- Class 3 Misdemeanor: Punishable by up to 30 days in jail, a fine of up to $500 plus surcharges, and up to 1 year of probation.
In addition to these penalties, a domestic violence conviction may result in mandatory domestic violence counseling, loss of gun ownership rights, and potential impacts on child custody or immigration status. Repeat offenses can lead to more severe penalties, including felony charges.
Some domestic violence charges are not felonies, similar to how an extreme DUI is not considered a felony. But, if your domestic violence charge does include a felony, you could additionally face:
- Fines for restitution of damages, and other fines up to $150,000
- Loss of your right to hold public office of trust or profit
- Completion of court-ordered drug and/or alcohol treatment programs
- Loss of your right to vote
- Loss of the right to serve on a jury
- Registration as a sex offender, which is public information
You could even face the death penalty if your charge involves first degree murder. Don’t go through this kind of case alone—make sure you have an attorney from Lerner and Rowe.
How Often Are People Accused of a Domestic Violence Crime in Scottsdale?
If you are facing a domestic violence charge, don’t despair. According to AZ Crime Statistics, 15 rape offenses were dismissed in 2022. That same year, 160 aggravated assaults were also dismissed. 975 simple assaults dismissed as well. An attorney at Lerner and Rowe Law Group can help your case resolve as far in your favor as possible.
Why Choose a Scottsdale Domestic Violence Lawyer from Lerner and Rowe Law Group
A criminal defense attorney from the Lerner and Rowe Law Group can use the below strategies to win or reduce penalties in a domestic violence case, tailored to the specifics of your case:
- Challenging the Evidence: The attorney can scrutinize the evidence against the defendant, including witness statements, police reports, and physical evidence, to identify inconsistencies, lack of credibility, or insufficient proof that the crime occurred as alleged.
- Questioning the Nature of the Relationship: If the “domestic” nature of the relationship is not clearly established, the attorney may argue that the case should not be classified as domestic violence, which could lead to lesser charges or penalties.
- Self-Defense or Defense of Others: If the defendant acted in self-defense or in defense of others, the attorney can argue that the actions were justified, potentially leading to an acquittal.
- Negotiating a Plea Bargain: The attorney may negotiate with the prosecutor to reduce the charges to a lesser offense or agree on a plea deal that involves reduced penalties, such as less jail time, probation, or alternative sentencing options like counseling.
- Filing Pretrial Motions: The attorney can file motions to suppress evidence, dismiss charges, or limit the prosecution’s ability to present certain evidence, weakening the case against the defendant.
- Seeking Alternative Sentencing: For first-time offenders or in less severe cases, the attorney might advocate for alternative sentencing, such as anger management classes, community service, or probation, instead of jail time.
- Presenting Mitigating Factors: The attorney can highlight mitigating factors, such as the defendant’s lack of a prior criminal record, good character, or efforts to seek counseling, to persuade the judge to impose a lighter sentence.
- Challenging the Credibility of the Accuser: If there is reason to believe that the accuser is not being truthful, has a motive to lie, or has a history of false accusations, the attorney may challenge the credibility of the accuser, potentially leading to a dismissal or reduction of charges.
Each case is unique, and the best approach depends on the specific facts and circumstances surrounding the alleged offense.
In Scottsdale, you need an attorney that will defend your rights and reputation. At Lerner and Rowe Law Group, we have received hundreds of five-star reviews for doing just that.
Our attorneys are award-winning criminal defense lawyers, able to think outside the box and create a dynamic defense strategy for your case. In this way, and with our affordable payment plans available, we’ve helped thousands of people reach the best possible outcome.
Contact a Scottsdale Domestic Violence Lawyer as Soon as Possible
It’s difficult to face any kinds of charges, but domestic charges carry weight that others don’t. You may have relationships on the line, and you need representation that will fight as hard as you will to have charges lowered or dropped.
To find representation like this, call Lerner and Rowe at 602-667-7777. Or you can also fill out this FREE online form or use LiveChat to schedule your free case evaluation. Our professional representatives are standing by, so contact us as soon as possible.