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Scottsdale Domestic Violence

A charge of domestic violence on your record can negatively impact your life in many ways, from custody rights with your children to your criminal record that might be relevant to job prospects. If you have been charged with domestic violence, it is essential that you present a carefully constructed defense that effectively applies the law to the unique facts and circumstances of your case in support of an acquittal.

One of the experienced Scottsdale domestic violence lawyers from The Law Offices of John Phebus is available to consult on your case and ready to begin building a strong defense on your behalf.

Domestic Violence is a Serious Charge in Arizona

Domestic violence charges in Arizona are among the most serious crimes and can result in serious penalties and lengthy periods of incarceration. Under Arizona statute 13-3601, domestic violence is defined as any act that is a dangerous crime against a child, family member, or partner. The statute specifically outlines the following relationships:

  1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
  2. The victim and the defendant have a child in common.
  3. The victim or the defendant is pregnant by the other party.
  4. The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
  5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

When a peace officer has probable cause to believe that domestic violence has been committed, or cause to believe the person to be arrested was about to commit the offense, they can arrest, even without a warrant.

An arrest for domestic violence will lead to processing and ultimately the charge itself. Domestic violence includes a range of charges, including:

  • Assault and battery
  • Disorderly conduct
  • Kidnapping
  • Criminal trespass
  • Assault and battery with a dangerous weapon

Some charges are misdemeanors, while others are felonies, depending upon the facts and circumstances of the incident that led to the charges. Misdemeanor charges can lead to fines and imprisonment, while felonies generally carry a sentence of at least a year in prison. A charge of domestic violence can also impact your child custody rights, and create a permanent criminal record that will follow you forward into the future.

Whether you are facing a misdemeanor domestic violence charge or a felony, working with experienced legal representation is essential to protect both your rights and your freedom. Once a domestic violence charge has been started, the prosecution will aggressively pursue the charges. The charges will not be dismissed even if they decide to drop charges after they are filed, and may be asked to be a witness in the case. Even when the victim refuses to be a witness, the prosecutor may still bring forward the case to court.

Reach out to a Scottsdale Domestic Violence Lawyer Now

If you have been accused of domestic violence in Arizona, it is essential that you connect with an attorney as soon as possible to support your case. Your Scottsdale criminal defense attorney will collect evidence and review how the law and the outcome of other cases applies to the unique facts and circumstances of your charge. The prosecution can only charge defendants with crimes that they can prove each and every element of beyond a reasonable doubt, and your Scottsdale domestic violence lawyer ensures that the law is fairly applied to the decision in your case.

Connecting with a dedicated Scottsdale domestic violence lawyer from The Law Offices of John Phebus will provide you the support you need to achieve the best possible outcome in your case.
Reach out to schedule a consultation or call (623) 847-7117 to discuss options on how we can put forward the best possible defense in your domestic violence charge.