DOMESTIC VIOLENCE

“Domestic Violence” is the name given to a group of charges alleged to have been committed against someone in a qualifying relationship. Arizona Statute §13-3601 defines domestic violence by the relationship between the accuser and the defendant and the type of charges alleged. The following is a list of qualifying relationships:

Qualifying Relationships:

• The relationship between the accuser and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

• The accuser and the defendant have a child in common.

• The accuser or the defendant is pregnant by the other party.

• The accuser 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, stepchild, step-grandchild, brother-in-law or sister-in-law.

• The accuser 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 has resided in the same household as the defendant

Domestic Violence Includes the Following Charges:

Domestic Violence Misdemeanor Assault: A.R.S. §13-1203; A.R.S. §13-3601: The usual case of domestic violence is an allegation of assault under Arizona statute §13-1203. A domestic violence assault occurs when one in a qualifying relationship (Link Above) intentionally, knowingly, or recklessly causes any physical injury to the other person; or knowingly touches another person with the intent to injure, insult or provoke, or intentionally places another person in reasonable apprehension of eminent physical injury. Depending upon the type of assault and whether physical injury was caused, this offense can be charged as either a Class 3, 2, or 1 Misdemeanor. [Possible Sentence]

Aggravated Domestic Violence (Felony): A.R.S. §13-3601.02: If a person is convicted of a third or subsequent offense of domestic violence under §13-3601 within 5 years, that offense is now a Class 5 Felony. [Possible Sentence]

Pursuant to the Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, it is a felony for those convicted of certain misdemeanor crimes of domestic violence to own or possess firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. In order to become once again eligible to own or possess a firearm, the individual may seek expungement of the conviction. In an expungement, the individual’s attorney files a Motion with the court to have the conviction removed from public view.

In any assault case, the usual defense pursued is self defense. The argument is that the defendant was justified in using such force or threatened force, based upon an attempt to protect himself/herself. Additionally, false charges are sometimes filed by an angry spouse, attempting to control the other spouse. The credibility of the accuser most never be overlooked and must be fully investigated. You should hire an attorney who is willing to go all out to zealously represent your interests by personally handling all legal aspects of your case: I WILL PERSONALLY HANDLE YOUR CASE

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