Phoenix Domestic Violence Attorneys Helping Clients
When you are involved in a conflict with family members, whether it be an accusation against you of some form of abuse or whether you are the victim of an assault by a member of your family, you may feel overwhelmed and frightened by the prospect of facing the legal proceedings involved. A conviction of domestic abuse can follow a person throughout their life, making it difficult to obtain employment, prohibiting firearm ownership, and other consequences. As a potential victim of abuse, you may wonder what the outcome will be if you take the abuser to court. With so many intricate parts to the legal aspects of your case, you need a domestic violence attorney who knows how to get the right results for your family. You may not even have to go to court at all. To find out what the appropriate course of action is for you, call us right away for a free initial consultation with our caring and talented legal team at 623-777-3909.
What Constitutes Domestic Violence According to Arizona Law?
The term “domestic violence” is often misunderstood to mean something it is not in the state of Arizona. When considering whether a person will be convicted of domestic violence, the court will focus on the relationship between the two individuals involved. Many different crimes can indicate domestic violence, including emotional abuse, financial abuse, disorderly conduct, and threats.
The important thing that must establish is a closeness between the alleged abuser and the victim. This doesn’t have to mean blood relations or marriage. Domestic violence can occur between roommates or individuals cohabitating. Unfortunately, many times people are accused of assault for simple actions during arguments that should not really be prosecuted. In these cases, the defendant still may be prosecuted as an abuser, affecting their lives moving forward as they may find it difficult to find a job, move on to another relationship, or even have visiting rights to their own children. With all of these possible consequences, it is extremely important that anyone facing charges of this kind meet with a domestic violence lawyer who can help avoid the worst possible outcomes. Our attorneys at The Sampair Group will assist with any needs you have in your family law case.
What Are the Penalties for Domestic Violence in Arizona?
When a person is convicted of domestic violence, they can face various consequences in Arizona. These include jail time, fines, and years’ worth of probation. The amount of time in jail and probation, as well as the size of any fines charged, depends on the nature of the abuse. The amount of physical harm inflicted on the victim will be considered, such as any examples of shoving, slapping, biting, or kicking. Attempting strangulation or serious physical injury may even result in felony charges with more severe punishments. A conviction will, of course, carry serious effects throughout the lifetime of the person accused. Having these charges on your record may mean that potential employers will pass over you in favor of hiring someone else. The convicted person will also be considered a “prohibited possessor,” meaning they will never be allowed to possess a firearm, and their information will be sent to the FBI. Moreover, these convictions can severely damage a person’s social life and relationships well into the future.
Often, when a family goes through conflict, and one person accuses a family member of domestic violence, they decide later to retract the charges when they find out the serious effect a conviction will have on their loved one. However, even if the victim decides not to press charges, the defendant could still be prosecuted and end up with a hefty sentence for domestic violence. Anyone facing accusations of abuse in a domestic situation should not face these allegations without a domestic violence defense attorney. An experienced attorney can help you find the best results possible, so call us without delay to discuss the details of your domestic violence case.
Are There Any Mitigating Factors for Domestic Violence?
One important thing to remember if you are charged with harassment of a family member is that, in some cases, the court may lessen your sentence if you can prove that there are mitigating factors. This can make all the difference, as it can mean less jail time or fines, or even no conviction at all in some cases. Some mitigating factors that can lessen your sentence include but are not limited to the following possible scenarios:
- History of mental illness
- Community service
- No previous criminal record
- Military service
- Contributions to the family
- Education and career goals
An astute attorney can present these factors in order to lessen a sentence or even to get the case dismissed. Another possibility in these cases is to pursue “diversion,” which refers to some sort of program that the defendant can go through to decrease the sentence and possibly avoid a devastating conviction. Diversion can include classes, counseling, and even fees, which is similar to probation. However, it is the only chance a defendant will get—if they are ever charged with domestic violence again, they will not have another opportunity for a diversion program. It should also be noted that in order to complete the program, the person must go through every step without fail, or they can be kicked out completely.
Does Your Domestic Violence Case Require a Lawyer?
If your family is going through any situation involving threats, sexual assault, physical abuse, or any activity requiring a restraining order, you absolutely will need a lawyer to help you get the justice you need. Conversely, for anyone accused of domestic violence, the conviction can haunt you for the rest of your life and should not be taken lightly. No matter the need in your family, you should consider hiring a domestic violence attorney to help navigate the legal issues you are facing. Our highly qualified family lawyers know how to present cases in a way that protects our clients’ best interests, so you can rest easy knowing your case will be handled properly for you. Don’t delay starting the process of resolving your domestic violence case. Contact The Sampair Group at our Phoenix location by calling 623-777-3909.