It takes just seconds for an argument that breaks out in a house in Dobson Ranch or an apartment close to US-60 to turn into a fight. Someone dials 911. In no time, the Mesa Police have arrived at the scene, responding to a Dobson Ranch domestic dispute. And before long, someone gets placed in handcuffs and put behind bars. In situations like these, it pays to have a skilled Mesa domestic violence lawyer on your side.
If this has happened to you or a loved one, chances are that you are in a state of confusion and fear, asking yourself why something as simple as a family quarrel has turned into a matter of criminality. The Mesa criminal defense lawyers from Lerner and Rowe Law Group know very well how such things happen, and we’re here to guide you through the process.
Why Arizona Handles Domestic Disputes in a Different Way
Most people expect that without the alleged victim pushing the issue or “dropping the charges” that the whole matter will go away. This expectation, however, is not based on the reality of Arizona criminal law.
According to ARS 13-3601, which sets out Arizona’s domestic violence statute, if there is reasonable cause for believing that a domestic violence crime has been committed, law enforcement must make an arrest.
That means a Mesa PD domestic violence arrest is possible even when:
- The claimed victim informs police nothing happened
- Both individuals say that the altercation was only verbal
- There are no signs of physical abuse
- Both individuals do not wish for an arrest to be made
It’s known as a mandatory arrest policy and is the most crucial concept to understand about Arizona domestic violence law. Once the police arrive on a domestic violence call in Dobson Ranch or anywhere else in Maricopa County, the process of making an arrest becomes unavoidable.
Understanding What ARS 13-3601 Means: A Brief Explanation
Arizona Revised Statute 13-3601 is the core of the entire legislation regulating domestic violence charges in Arizona. It provides the definition of the offenses and domestic relationships subject to Arizona domestic violence statutes.
The statute includes any type of conduct—not necessarily acts of physical assault and battery. Charges that may be classified as a domestic violence offense under ARS 13-3601 include:
- Assault (intimidation and threat included)
- Disorderly Conduct
- Criminal Damage to Property
- Stalking/Harassment
- Interference with Custody
- False Imprisonment
Domestic Relationship Requirement for Criminal Domestic Violence in Arizona
The “relationship between the parties” requirement covers current and former spouses, parents with a child in common, cohabitants, dating relationships (both current and former), family members, and other similar relationships. If the crime falls under such a relationship, even a simple offense, such as disorderly conduct, could be considered domestic violence.
Consequences of a Domestic Violence Conviction in Arizona
Defending oneself against a DV accusation in Arizona is more than just a matter of preventing incarceration. The repercussions of being convicted of domestic abuse can stay with the person for years to come, making it vital that you work with a skilled East Mesa domestic assault attorney.
Penalties for criminal offenses may differ depending on the charges. Domestic violence misdemeanor cases carry a maximum of six months imprisonment and fines. A felony domestic violence offense may carry a significant number of years in state prison for a prior conviction of DV or when the incident results in substantial harm.
Other penalties apart from imprisonment and fines include:
- Loss of firearm possession — A domestic violence misdemeanor offender is prohibited by federal laws from owning or possessing firearms.
- Mandatory counseling — In Arizona, the state courts mandate domestic violence offenders to undertake a 26-week counseling program.
- Order of protection — The court may issue a protective order that may result in your exclusion from the residence, loss of child custody, and severe implications in pending family court proceedings.
- Immigration repercussions — An immigrant who is a DV offender faces possible deportation or denial of naturalization.
- Professional licensure — Several professions ranging from healthcare practitioners, legal practitioners, educators, and financiers must report domestic violence cases to their licensing board. These boards may suspend the offender’s license.
The reasons above show why it’s so important that you consult a domestic assault attorney in East Mesa at the early stages of fighting domestic violence charges in Arizona.
How We Defend Against a Dobson Ranch Domestic Dispute Charge
The mere fact that a domestic violence arrest was made means absolutely nothing when it comes to a domestic violence conviction—there is much ground to cover between these two scenarios, and our domestic violence defense attorneys know exactly what to do in such situations.
Here are some things you should understand about defending yourself against charges of domestic violence in Arizona:
Challenging the Grounds for the Police Officer’s Decision to Make an Arrest
If the arrest was made without reasonable grounds – meaning if the officer did not have a solid basis for the assumption that a crime had been committed – then this fact alone can be used to prove your innocence.
Careful Analysis of All the Evidence
In many instances, domestic violence allegations come down to conflicting testimonies of the parties involved. We make sure to scrutinize the evidence collected by the police.
Dealing with the Position of the Accuser
Just because the accuser might not want to prosecute doesn’t mean the case will go away. But it can certainly impact the way the prosecution looks at the case. We make sure to tell the prosecutor everything in defense of your case.
Evaluating Diversion or Dismissal Opportunities
In some instances, there may be ways to take advantage of diversion opportunities or have the charges deferred while completing a counseling program or some other form of treatment. We thoroughly analyze all possibilities in order to develop a strategic plan for each client we represent and make sure your constitutional rights are protected in the process.
Getting Your Criminal History Off the Books
Criminal charges might be settled, but that doesn’t mean the arrest for domestic violence won’t show up on a criminal background check. In Arizona, our lawyers will also counsel you on your opportunities to vacate the conviction and seal your records once the opportunity presents itself.
Speak to a Dobson Ranch Domestic Dispute Lawyer Today
A domestic abuse case in Dobson Ranch isn’t the end of your life. We’ve helped many residents from the East Valley successfully handle their Arizona domestic violence cases, and we know how to craft a proper defense for you.
If you’re charged with or investigated for a domestic violence crime in Mesa, AZ, call Lerner and Rowe Law Group at (602) 977-1900, fill out our convenient contact form, or use LiveChat. Our staff is available 24/7, and your first consultation is always free.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.