Domestic Violence

Tucson Domestic Violence Lawyer

Experienced Defense Strategies for Domestic Violence Charges

In Arizona, an alleged victim of domestic violence may bring criminal charges. These are taken very seriously in the eyes of the law, and when you're facing an accusation or have been charged with domestic violence, it is in your best interest to contact a domestic violence attorney in Tucson for high-quality legal representation.

If the domestic violence crime is considered to be “aggravated,” you can face up to 36 months in prison if it is your first offense. The minimum jail sentence for aggravated domestic violence depends on whether you have had prior convictions. Depending on the situation, a defendant may be charged with a misdemeanor or a felony. As a result, a conviction could result in a range of punishments. Regardless of the charges, you should contact a domestic violence lawyer in Tucson immediately.

Facing domestic violence charges? Get the legal advice you need during a free in-person consultation. Call (520) 251-9561 or reach out online for an appointment. Se habla español.

What Constitutes Domestic Violence in Tucson?

Under Arizona Revised Statutes (ARS) §13-3601, domestic violence encompasses a wide range of criminal acts committed between individuals in specific relationships, including spouses, former spouses, cohabitants, individuals with a child in common, and other familial or intimate relationships.

Arizona law classifies domestic violence offenses into different categories depending on the nature and severity of the act. Common charges associated with domestic violence include:

Assault (ARS §13-1203) – Physical harm or the threat of harm to another person.
Aggravated Assault (ARS §13-1204) – Assault that results in serious injury or involves a deadly weapon.
Disorderly Conduct (ARS §13-2904) – Engaging in disruptive behavior that disturbs the peace.
Criminal Damage (ARS §13-1602) – Destroying or defacing another person’s property.
Harassment (ARS §13-2921) – Unwanted communication or contact intended to annoy or alarm another person.
Interfering with Judicial Proceedings (ARS §13-2810) – Violating restraining orders or other court-imposed conditions.
Unlawful Imprisonment (ARS §13-1303) – Restricting a person’s movement against their will.

Each of these offenses carries different legal consequences, making it vital to work with a Tucson domestic violence lawyer who understands the nuances of Arizona’s domestic violence statutes.

What are Common Defenses Against Domestic Violence Charges?

Every case is unique, and the best defense strategy depends on the circumstances of the arrest. A skilled Tucson domestic violence lawyer can explore various legal defenses.

Possible defenses to criminal charges in Arizona may include:

Self-defense
Mental defect or mental illness
Restraining for medical or dental care purposes
Justification, such as for a parent using non-deadly force for discipline purposes

What is the Punishment for Domestic Violence in Arizona?

The penalties for domestic violence offenses in Arizona can be severe, varying based on factors such as prior offenses, the severity of the act, and whether a weapon was involved. The following table provides a general overview:

Misdemeanor Domestic Violence: Up to 6 months in jail, fines, probation, mandatory counseling
Felony Domestic Violence: 1+ years in prison, higher fines, loss of firearm rights, probation
Aggravated Domestic Violence: Minimum of 2.25 years in prison, long-term probation, extensive legal fees

The punishment is the same as the underlying offense; however, in certain circumstances, you can face additional punishments. For example, if the offense is committed knowingly against a pregnant victim, the maximum imprisonment sentence can be increased by two years.

Additionally, a domestic violence conviction can have lasting consequences beyond legal penalties, impacting employment, child custody, firearm rights, and personal relationships. Many employers conduct background checks, making it difficult to secure job opportunities, while family courts may limit custody and visitation rights based on a conviction. Both federal and state laws can restrict firearm ownership for those found guilty of domestic violence.

Even without a conviction, accusations alone can damage reputations and personal relationships. A Tucson domestic violence attorney can help mitigate these effects by pursuing favorable legal outcomes to protect a client’s future.

Why Legal Representation Matters

Facing domestic violence charges without skilled legal representation can be overwhelming and lead to significant consequences. A dedicated Tucson domestic violence lawyer provides critical legal guidance, protects constitutional rights, and builds a strong defense strategy.

Thorough Case Evaluation: Reviewing evidence, witness statements, and police reports for inconsistencies or weaknesses in the prosecution’s case.
Negotiation and Plea Bargains: Exploring options for reduced charges or alternative sentencing to minimize penalties.
Aggressive Courtroom Defense: Challenging evidence, cross-examining witnesses, and presenting compelling arguments in court.

Your future is on the line—get the aggressive representation you deserve from a top Tucson Domestic Violence Lawyer. Call (520) 251-9561 now or book your consultation online!

Frequently Asked Questions About Domestic Violence Charges

What Are the Immediate Steps to Take if Accused of Domestic Violence?

If you're accused of domestic violence in Tucson, it's critical to act swiftly and strategically. Firstly, do not engage with the accuser or attempt to contact them, as this could complicate your legal standing. Preserve any evidence that could support your defense, such as electronic communications, witness statements, or records of your whereabouts during the alleged incident. Contacting a domestic violence lawyer in Tucson as soon as possible is essential for receiving guidance on navigating the legal system, managing interactions with law enforcement, and understanding your legal rights and obligations amidst the accusations.

How Does a Domestic Violence Charge Affect Custody Arrangements?

Domestic violence charges can significantly impact custody arrangements, often tipping the scales against the accused in custody disputes. In Arizona, the court's primary concern is the child's best interests, and any allegation of domestic violence can lead to restrictions or denial of custody rights. It may necessitate supervised visitation or complete suspension of parental rights depending on the charges' severity and evidence presented. It is critical for individuals facing such charges to work closely with their attorney to understand their rights, potential outcomes, and strategies to mitigate the impact on their relationship with their children.

Can Charges Be Dropped If the Accuser Recants Their Statement?

While an accuser recanting their statement may seem like it would lead to dropped charges, in Arizona, domestic violence cases are prosecuted by the state, not the individual. This means that even if the alleged victim wishes to withdraw their accusation, the prosecutor can still continue with the case if they believe there is sufficient evidence. An experienced attorney can navigate the complexities of such situations, aiming to reach a resolution that considers the recantation while advocating strongly for the defendant's rights.

What Are Some Common Misconceptions About Domestic Violence Charges?

Many misconceptions surround domestic violence charges. One is that these accusations are always clear-cut or that they only occur between spouses. In reality, domestic violence can involve various relationships and situations, sometimes leading to wrongful accusations during heightened emotions or contentious relationships. Another misconception is that domestic violence charges will automatically result in severe penalties. A knowledgeable attorney can show that every case is unique and requires a nuanced defense approach, leveraging facts, relationships, and context.

How Can I Prepare for My Initial Consultation with a Domestic Violence Lawyer?

To prepare for an initial consultation with a domestic violence lawyer, gather all relevant documentation and information, such as legal notices, police reports, and any evidence that pertains to your case. Consider preparing a timeline of events and a list of any witnesses or individuals involved. Be ready to discuss your goals and concerns openly with your lawyer, ensuring they have a comprehensive understanding of your case. This preparation helps the attorney assess your situation accurately and develop a personalized strategy for your legal defense.

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Meet Our Attorney

Carlos A. Medina, Esq.

Restraining Orders and Protective Orders

Arizona courts issue restraining orders or Orders of Protection in domestic violence cases. These court orders restrict the accused from contacting the alleged victim and can impose other restrictions, such as prohibiting firearm possession or requiring relocation from a shared residence.

There are different types of protective orders, including:

Order of Protection – Applies to individuals in close relationships (e.g., spouses, partners, or cohabitants).
Injunction Against Harassment – Covers situations where individuals do not share a domestic relationship but have ongoing disputes.
Emergency Order of Protection – Issued by law enforcement officers for immediate protection when courts are unavailable.
Release Order Conditions – Imposed upon release from custody, outlining specific behavioral restrictions.

Violating a restraining order can lead to additional criminal charges. A Tucson domestic violence lawyer can assist in challenging unfair protective orders or ensuring compliance to avoid further legal trouble.

Honest, Aggressive Legal Representation in Arizona

When you need a domestic violence attorney in Tucson, Attorney Carlos A. Medina provides quality legal representation at a reasonable cost. He will evaluate your case, explain the defense strategy for your situation, and keep you informed every step of the way.

Attorney Carlos A. Medina's approach is to prioritize clear communication, ensuring every client understands their rights, any potential risks, and the legal options available to them. Our firm emphasizes confidentiality and trust, offering a safe space for clients to express their concerns and receive the support they need.

Contact our Tucson domestic violence lawyers at (520) 251-9561 to learn more about how we can help you.

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CRIMINAL DEFENSE FAQ

If I’m innocent, do I really need an attorney?

Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.
What is a plea agreement? Should I accept it?

A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
If I refuse to give a statement or answer a question, will I face criminal charges?

As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
What are my rights if I'm arrested?

If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
Do I have to consent to a search of my home or vehicle?

The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.

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