Domestic violence accusations are severe and carry significant legal, social, and emotional consequences. These allegations can lead to criminal charges with the possibility of jail time, restraining orders, custody issues, and other collateral consequences. Given the gravity of these potential outcomes, it is crucial for anyone accused of domestic violence to seek legal representation right away.
Whether you’re facing a misdemeanor or a felony charge, an Arizona criminal defense lawyer can play an essential role in helping you through this difficult time. Here’s what they can do to assist:
Provide a Free Initial Consultation
If you’re facing domestic violence charges, one of the best things you can do is to schedule a free consultation with an experienced criminal defense lawyer. At this meeting, they will listen to your side of the story so they can determine what steps you need to take next. You never have to handle this situation on your own.
Explain the Potential Charges Against You
When you’re accused of domestic violence in Arizona, a criminal defense lawyer first helps by clearly explaining the charges you are facing. Arizona handles domestic violence crimes slightly differently than some other states.
Here, domestic violence isn’t an offense on its own but a designation that can enhance the penalties of other criminal charges. A crime is classified as domestic violence when it is against a child or a family or household member.
For example, if you’re accused of assault and it’s alleged that this assault was against a partner or family member, your existing criminal charge could be enhanced with a domestic violence classification. This could lead to additional legal consequences.
Gather and Preserve Evidence
A lawyer will prioritize gathering and preserving evidence that will support your defense. This includes collecting text messages that could shed light on the context or nature of interactions between you and the accuser, obtaining any pertinent witness statements to corroborate your version of events or challenge the prosecution’s narrative, and securing surveillance footage from cameras that may have captured the alleged incident.
Your attorney will act quickly to ensure that all helpful evidence is preserved before it’s deleted or becomes inaccessible. This may involve reaching out to businesses or property owners for video footage since there is a risk of the footage being overwritten or discarded after a certain period of time.
Develop a Solid Legal Defense
Your attorney will take the time to develop a domestic violence defense strategy based on your specific circumstances. After gathering and understanding all of the evidence, they’ll identify strengths and weaknesses in both your case and the prosecution’s case. With these insights, they will collaborate with you to outline a strategic approach.
Common legal defenses to domestic violence charges include the following:
Accident
Your lawyer may argue that any injury or harm occurred as a result of an accident and not from intentional conduct on your part. For instance, they could provide evidence or testimony that demonstrates you had no intent to harm and that the incident resulted from a misunderstanding or lack of coordination.
They will seek out any available physical evidence, witnesses who were present at the time, or expert testimonies that corroborate an accidental occurrence in contrast to deliberate violence.
Self-Defense
Your attorney can raise self-defense, arguing that any actions you took were in response to an immediate threat of violence against yourself or someone else. Your lawyer will work to establish that you had reasonable grounds to believe that there was an imminent threat of bodily harm and that the force used in defense was proportionate to the threat faced.
They might look for evidence, such as prior threatening behavior by the accuser or injuries you sustained during the incident.
False Allegations
In cases where false allegations are made, your attorney’s strategy will involve discrediting the claims of domestic violence. This could involve presenting evidence showing inconsistencies in the accuser’s story or motives they might have for lying (such as jealousy, revenge, or a desire to gain advantage in custody proceedings). Your lawyer may call on alibi witnesses or use electronic records to undermine the credibility of the allegations.
Consent
Your attorney might argue that any actions that occurred were part of consensual behavior. In the context of a domestic violence allegation, this argument revolves around the idea that both parties mutually understood and agreed to the nature and extent of their interaction. This could include instances where no harm was intended or perceived by either party at that time.
Evidence could include communications between you and the accuser that might suggest a mutual understanding or agreement to certain behaviors. Witness testimony may be presented if they can corroborate this understanding.
Favorable Plea Deals
If the gathered evidence and circumstances suggest that a dismissal or acquittal will be challenging, your lawyer might consider a plea deal as part of the defense strategy. A plea deal involves negotiating with the prosecution to reduce your charges or secure more favorable sentencing conditions. In return, you plead guilty – usually to a lesser offense than what you were originally charged with.
Your attorney will thoroughly discuss potential deals with you, weighing their merits against the risks of going to trial. Factors like potential penalties, your criminal record, personal circumstances, and the likelihood of a conviction play critical roles in deciding whether accepting this kind of agreement is advantageous for you.
Diversion Program
Your lawyer can try to get you into a diversion program as an alternative resolution instead of proceeding through the traditional court system. These programs involve counseling and educational courses addressing violence issues and aim to rehabilitate rather than purely punish.
Successfully completing a diversion program may result in having the charges against you dismissed. Your attorney will explain the specific requirements and consequences involved in these programs if you are eligible.
Your lawyer will determine the best defense so that you have a chance to protect your future and freedom.
Help With Sentencing If Convicted
If convicted of a domestic violence crime, your attorney plays a crucial role in the sentencing phase. They’ll advocate for lesser or alternative forms of punishment – such as counseling or community service – in place of jail time.
Your lawyer can also present mitigating evidence and arguments that speak to your character, the context surrounding the incident, and any rehabilitative steps you have already taken.
Explore Possible Appeals
If a conviction occurs and you believe there were legal errors that affected the outcome of your trial, your attorney can assess the potential for an appeal. This involves reviewing the case to identify any procedural mistakes or misinterpretations of law that warrant another look by an appellate court.
Your lawyer will guide you through filing an appeal and presenting a compelling argument to higher courts in order to potentially overturn or reconsider your conviction.
Contact an Experienced Arizona Criminal Defense Attorney For Help With Domestic Violence Charges
If you’re facing domestic violence charges, reach out to Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free consultation with an Arizona domestic violence defense lawyer.