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Phoenix Domestic Violence Attorney

Domestic violence in Phoenix is taken very seriously by law enforcement officials and prosecutors. However, understanding domestic violence charges and penalties in Arizona can be complicated. At the Nunez Law Firm, PLLC, we are ready to help when you need a Phoenix domestic violence attorney standing by your side. We pledge to conduct a complete investigation into the charges against you and work to get them reduced or dismissed.

Why Choose Nunez Law Firm, PLLC To Help With This Case?

Accusations of domestic violence must be taken seriously, and the team at the Nunez Law Firm, PLLC is ready to stand by your side and provide a vigorous defense.

  • We are going to bring more than 20 years of experience defending clients from complex legal charges to your side.
  • Our firm was founded on the philosophy of helping individuals we have encountered challenging situations in their life. We want to ensure the well-being of you and your family.
  • Our Phoenix criminal defense attorneys are dedicated to providing you with excellent service, which means you will always have direct access to your attorney for questions or concerns about your case.

What Counts As Domestic Violence Charges In Phoenix?

Domestic violence in and of itself is not a specific crime in Arizona. Rather, this will be an enhancement to charges for another crime or abuse that has occurred. In order for a charge to be enhanced to domestic violence, the alleged crime must have happened to a person you have been involved with in some sort of domestic relationship. For example, this could include:

  • Your spouse or ex-spouse
  • Someone you are dating or were previously dating
  • A partner you live with
  • Your child or grandchild
  • Your child’s other parent
  • A current or former romantic partner’s child
  • A woman who is pregnant with your child
  • Your brother or sister
  • Your in-laws
  • Your parents or grandparents
  • A roommate or housemate

Under Arizona Revised Statute § 13-1601, there is a list of specific abusive behaviors that could result in a domestic violence enhancement. Some of these behaviors can include:

Perhaps the most common underlying charge concerning a domestic violence incident is “assault” under Arizona law (A.R.S. § 13-1203). The law in the state applies if a person:

  • Intentionally, knowingly, or recklessly causes a physical injury to someone else.
  • Intentionally places another person in a reasonable apprehension of imminent physical harm.
  • Knowingly touches another person with the intention to injure, insult, or provoke the other person.

While these charges can certainly be applied in serious situations, they can also be brought against a person for something as little as scratching someone else’s arm or even spitting on another person. You could foreseeably encounter a situation where a person dumps a glass of water on their spouse or child out of anger only to be charged with assault that is enhanced with domestic violence penalties.

In Arizona, misdemeanor assaults are typically charged as class 1 misdemeanors that can carry a sentence of up to six months in jail and a fine of up to $2,500. If a person is charged with aggravated battery, they could face a felony offense resulting in a significant prison sentence and a fine of up to $150,000. Battery charges are typically applied if an assault results in serious physical injury to a victim or if a deadly weapon was used in the assault. A domestic violence charge has significant consequences on the accused person’s life, build a strong legal defense by contacting a Phoenix domestic violence lawyer from the Nunez Law Firm.

Phoenix Domestic Violence Penalties

First, it is important to understand that a person charged with a domestic violence enhancement will also face charges relating to an underlying offense. Therefore, they are subjected to the penalties of the underlying offense if they are convicted.

If there are domestic violence enhancements, then a person can face additional penalties. These penalties often begin immediately and can include seizing and impounding any firearms and the issuance of a protective order against you. On top of any jail time or probation due to the underlying conviction, you may also be required to:

  • Take domestic violence classes at your own expense
  • Lose visitation or custody rights of your children
  • Lose your right to possess or own a firearm

Do I Need an Attorney for a Domestic Violence Charge?

The job of your Phoenix domestic violence defense attorney is to put you in the best position possible to beat not only the domestic violence enhancements but also the underlying charges related to your case. By conducting a thorough investigation into your case will work to build a solid defense. This could include:

  • Showing that it was unreasonable for the “victim” in this case to have been frightened or to think they could be the victim of physical harm.
  • Showing that you were acting in self-defense and that the alleged “victim” in the case initiated or provoked the situation.
  • Showing that you have been the victim of a false allegation, perhaps in retribution for asking for a divorce or for asking for custody/visitation of your children.

An attorney can use their resources to obtain and analyze eyewitness testimony, physical evidence from the incident, potential video recordings, and other relevant evidence.

We want to point out that even if the “victim” of the crime wants to drop charges, law enforcement and prosecutors can still pursue the case against you. An attorney can use the “victim’s” willingness to drop the charges in your favor when working to negotiate a deal on your behalf.

Contact Us For a Free Consultation Of Your Case Today

If you or somebody you care about is facing domestic violence charges in Arizona, you need to speak to an attorney as soon as possible. Allegations of domestic violence are taken very seriously in this state, and anyone facing these charges needs to secure a skilled defense attorney to stand by their side. At the Nunez Law Firm, PLLC, our Phoenix trial attorneys are going to handle every aspect of your case and work to resolve the matter favorably on your behalf. When you need a Phoenix domestic violence defense lawyer, you can contact us for experienced legal representation.