Dealing with a Domestic Violence case in Arizona
How to Deal With a Domestic Violence Charge in Arizona
Stop me if you've heard this one before.
A husband and wife get into an overly-heated argument about [insert your favorite topic here].
As tempers begin to flare, the volume of the argument increases, escalating into a full on screaming match. Someone throws an ash tray against a wall, smashing it.
Minutes later, there's a knock at the door. The police have been called by a neighbor. Or maybe by someone living in the house. Maybe it was even one of the spouses.
Now what was a marital squabble has turned into a likely arrest and charge. But what charge? How does Arizona handle these types of situations? What are the collateral consequences?
In Arizona, a charge of Domestic Violence arises under some other paired charge, and based on the relationship between the parties.
Domestic Violence Laws in Arizona
Arizona's domestic violence law falls under A.R.S. 13-3601 and kicks in under any of the following conditions:
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.
As stated above, a person MUST be charged with one of the following charges first:
Second Degree Murder
Threats or Intimidation
Unlawful Disclosure of Nude Images
Interfering with a Judicial Proceeding
Preventing use of a telephone during emergency
Use of electronic communication to terrify, threaten, or harass
Child or Adult abuse
Potential sentences for the above-listed charges vary, ranging from misdemeanor to the most serious felony.
What are collateral consequences?
A collateral consequence is something that happens as a result of your charge. It might be something you didn't even realize. When dealing with a domestic violence charge in Arizona, one of the most serious collateral consequences is the effect a Domestic Violence charge will have on a person's right to own, or ability to acquire a gun. Domestic Violence charges are viewed as dangerous crimes by the Federal government and can, and will effect one's ability to exercise their Second Amendment rights.
If you've been charged with a crime, and a domestic violence charge as a result, call our office today.