Domestic Violence Defense Attorney in Tucson

Domestic violence charges in Arizona carry unique complexities and potential penalties, making it vital to understand the intricacies of Arizona's legal framework. Domestic Violence crimes can result in amplified penalties and ramifications for those charged. Partnering with an attorney to guide you through the legal process can help ensure your rights are protected. You must consider your future when finding an experienced attorney who can help navigate these serious allegations.

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If you have been charged with domestic violence in Tucson, it is important to contact an experienced criminal defense attorney as soon as possible. Our criminal defense firm not only provides excellent representation in the courtroom but also considers the potential long-term effects receiving a domestic violence conviction can have on your future. We will work closely with you to make sure your rights are defended and that you get the best result possible based on your case’s circumstances. We offer a free case evaluation so that you can best understand your next steps. Contact us today to schedule an appointment.

Ms. Molnar is an amazing woman and lawyer she helped me through a very long fight on a case and didn't give up she works hard and fights for her clients. I highly recommend Ms. Molnar and her services. You will not be disappointed in her services.

Rafael G.

Domestic Violence Laws in Arizona

Arizona does not treat domestic violence as a standalone offense. Instead, when a person is accused of a crime like assault, harassment, or any other relevant crime, and the incident involves a family or household member, the label of "domestic violence" is attached. This means the core offense could be assault, for instance, but if it involves a household member, it becomes "assault involving domestic violence."

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Under ARS §13-3601, Arizona defines domestic violence based on the relationship between the accused and the victim. Situations that fall under this range include:

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Marital and Cohabitation Relationships: If the victim and the accused are or were married or have lived together.
Parental Relationships: This applies when the accused and victim share a child or if one party is pregnant by the other.
Family Ties: Relationships by blood, marriage, or court orders, such as siblings, in-laws, step-relatives, and more, are included.
Previous Domestic Settings: If the victim is a child who once lived with the accused and is related to an ex-spouse of the accused or another individual who lived with the accused.
Romantic and Sexual Relationships: Current or past relationships of a romantic or sexual nature. When determining this, the court may consider the relationship's nature, duration, interaction frequency, and the time elapsed since the relationship ended.

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Common Domestic Violence Offenses in Arizona

Here are some of the most common offenses in Arizona that may be designated as domestic violence when the relationship between the perpetrator and the victim meets the statutory definition:

Assault and Aggravated Assault: Causing physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury, or knowingly touching another person with the intent to injure, insult, or provoke.

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Endangerment: Recklessly endangering another person with a substantial risk of imminent death or physical injury.

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Threatening or Intimidating: Threatening or intimidating by word or conduct to cause physical injury to another person or serious damage to their property.

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Criminal Damage: Recklessly defacing or damaging another person's property or recklessly tampering with another person's property.

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Trespass: Knowingly entering or remaining unlawfully on another person's property.

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Custodial Interference: Taking, enticing, or keeping a child away from their legal custodian when there is no legal right to do so.

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Harassment and Aggravated Harassment: Engaging in a pattern of conduct that is directed at another person and that would cause a reasonable person to be seriously alarmed, annoyed, or harassed.

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Stalking: Engaging in a course of conduct that causes another person to fear for their safety or the safety of their immediate family.

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Violation of Court Orders: Violating a protective order, such as an Order of Protection or an Injunction Against Harassment.

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Sexual Assault and Related Offenses: Any sexually related offenses, when committed within a qualifying domestic relationship, can also be designated as domestic violence.

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It's important to understand that the above offenses can only be designated as domestic violence if the relationship between the victim and the perpetrator meets the definition specified under Arizona law. This usually includes relationships like spouses, former spouses, people residing in the same household, people who have a child in common, and others.

What are the Penalties for Domestic Violence Charges in Arizona?

The consequences of a domestic violence conviction will vary based on whether the offense is classified as a misdemeanor or felony. The classification determines the severity of the potential penalties.

Several factors can enhance the gravity of the sentence, making the consequences more severe. These include:

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Victim's Age: If the victim was a child, the courts often view the offense more severely due to the vulnerability of the victim.

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Nature of Injury: The extent of the injury, or even the death of the victim, can escalate the penalties—the more severe the injury, the harsher the potential sentence.

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Victim's Pregnancy: If the victim was pregnant at the time of the domestic violence incident, this factor could enhance the penalties because it places two lives at potential risk.

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Use of a Weapon: The presence or use of a weapon during the commission of the crime can significantly increase the sentence. This demonstrates a heightened level of threat and potential harm.

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Prior Convictions: A defendant with prior convictions for domestic violence will likely face stiffer penalties. Repeat offenses showcase a pattern of behavior that the courts seek to curb.

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Arizona emphasizes rehabilitation for domestic violence offenders. Therefore, anyone convicted of domestic violence must typically undergo domestic violence counseling. This program is extensive and can range from 28 to 52 sessions, depending on the court's discretion and the severity of the offense.

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The classification of the offense dictates the potential penalties:

Class 1 misdemeanor: The most severe misdemeanor classification; it can lead to up to six months in jail and a fine not exceeding $2,500.

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Class 2 misdemeanor: Convictions under this class can result in up to four months in jail and a maximum fine of $750.

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Class 3 misdemeanor: This is the least severe misdemeanor classification. Penalties can include up to 30 days in jail and a fine of up to $500.

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Class 2 felony: A severe felony class. Sentencing can range from 7 to 21 years in prison, with a potential fine of up to $150,000.

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Class 3 felony: Conviction can result in a prison term ranging from 5 to 15 years and a fine of up to $150,000.

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Class 4 felony: The penalties can range from 4 to 8 years in prison, accompanied by a fine not exceeding $150,000.

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Class 5 felony: Convictions under this classification can lead to 2 to 4 years in prison and a fine of up to $150,000.

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In addition to the penalties mentioned, individuals may face probation, community service, restitution to the victim, and other associated consequences. It's essential to remember that individual cases can vary, and actual sentencing will depend on the specifics of the case and judicial discretion. Always consult with an attorney to get guidance on specific situations or questions related to domestic violence in Arizona.

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Contact a Domestic Violence Defense Attorney in Tucson

Facing domestic violence charges in Tucson, Arizona, can be a daunting and life-changing event. Arizona treats domestic violence offenses with the highest level of seriousness, and the penalties upon conviction can be severe, especially for individuals with prior offenses. The consequences might include imprisonment, hefty fines, probation, mandatory educational programs or community service, and possibly, a lasting criminal record.

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As your committed attorney in Tucson with expertise in domestic violence cases, we are here to offer you both confidence and compassion during this challenging time. We understand the emotional toll domestic violence charges can take on your life, and our mission is to provide you with the support, guidance, and strong legal representation you need.

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If you have been charged with domestic violence, contact us today to schedule a free case evaluation. Our goal with the case evaluation is to help clarify the charges you face and help you understand your next steps. Our firm serves the areas of Tucson, Oro Valley, Marana, South Tucson and other areas around Pima County. We can also serve those who live in Nogales, Rio Rico and other areas in Santa Cruz County.