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Domestic Violence

Domestic Violence

 

Domestic Violence

Accusations of domestic violence or spousal abuse in Mesa will often arise from some other underlying situation. An alleged victim will occasionally make false accusations against a family member or someone they are dating if there are any jealousy or anger issues, child custody disputes, or in an effort to gain a more favorable position in a divorce proceeding.

Domestic violence allegations can result in very serious penalties and repercussions, including an inability to own or possess a firearm, a criminal record, jail or prison sentences, fines or other fees, and/or ineligibility to apply for certain jobs, professions or educational opportunities.

If you have been accused of spousal abuse or a domestic violence offense, it is important to remember that just because you have been charged with a criminal offense does not necessarily mean you will receive a conviction. Therefore, it is essential to hire an experienced criminal defense lawyer in Mesa who will make every effort to defend the allegations against you.

Mesa Domestic Violence Lawyer

If you have been charged with a domestic violence crime in Mesa, or any of the surrounding areas in Arizona, including Mesa, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s domestic violence and will make every effort to help you avoid the most serious penalties and repercussions to the charges against you. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your allegations of family abuse or spousal abuse in Mesa.


Arizona Domestic Violence Information Center


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Arizona Definition of Domestic Violence

Domestic violence is defined under ARS § 13-3601 as any act that is a dangerous crime against a child or any act that involves violence against a family member or spouse if:

  • The victim and the alleged offender are married or have formerly been married, or they reside or have resided in the same household;
  • The alleged offender and the victim have a child in common;
  • The victim or the alleged offender is pregnant by the other party; or
  • The victim is related to the alleged offender or to the alleged offender’s spouse by blood, marriage or court order as a parent, grandparent, child, grandchild, brother or sister, parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law;
  • The victim is a child who resides or has resided in the same household as the alleged offender, and is related by blood to a former spouse of the alleged offender or to a person who resides or has resided in the same household as the alleged offender; and/or
  • The relationship between the victim and the alleged offender is currently or was previously a romantic or sexual relationship.

Domestic violence offenses can include, but are not limited to:

  • Abuse of a Child or Vulnerable Adult Abuse,
  • Aggravated Assault,
  • Assault,
  • Criminal Trespass,
  • Custodial Interference,
  • Dangerous Crimes against Children,
  • Disorderly Conduct,
  • Endangerment,
  • Harassment,
  • Interfering with Judicial Proceedings,
  • Kidnapping,
  • Manslaughter,
  • Murder,
  • Negligent Homicide,
  • Sexual Assault,
  • Stalking,
  • Threatening and Intimidating, and/or
  • Unlawful Imprisonment.

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Mesa Domestic Violence Offenses

Some of the most commonly charged domestic violence offenses in Mesa can include, but are not limited to the following:

Domestic Assault – ARS § 13-1203 – An individual can be charged with domestic assault in Arizona if they:

  • Intentionally, knowingly or recklessly cause physical injury to their spouse or family member;
  • Intentionally place their spouse or another family member in reasonable fear of immediate physical harm; or
  • Knowingly touch their spouse or a family member with the intent to injure, insult or provoke that person.

This offense is punishable as a class 1, 2 or 3 misdemeanor.

Aggravated Domestic Assault – ARS § 13-1204 – An individual can be charged with aggravated domestic assault if they commit domestic assault and:

  • They cause serious physical injury to their spouse or family member;
  • They use a deadly weapon;
  • They commit assault by any means of force that results in temporary but serious disfigurement, or loss or impairment of any body part;
  • They commit the offense while their spouse or family member is bound or restrained;
  • The commit the offense by entering another person’s home;
  • They are at least 18 years old and commit the offense against a person who is under 15; or
  • They violated the terms of a protective order.

This offense can result in a class 2, 3, 4, 5 or 6 felony conviction.

Child Abuse – ARS § 13-3623 – An individual can be charged with this offense if they cause a child to suffer physical injury, cause or allow the health of a child to be injured, or cause or allow a child to be placed in a situation where they are endangered. This offense can result in a class 6, 5, 4, 3, or 2 felony conviction.

Child Endangerment – ARS § 13-1201 – An individual can be charged with this offense if they recklessly engage in conduct that causes danger to a child with a substantial risk of immediate death or physical injury. This offense is punishable as a class 1 misdemeanor or a class 6 felony.

Violation of Order of Protection – ARS § 13-3602 – An individual can be charged with this offense if they violate the terms of a court-ordered protective order. A protective order, restraining order, protection order, or order of protection is a court order that prohibits various types of contact between family members and spouses. At a protective order hearing, the judge determines whether domestic violence has occurred and if it is likely to occur in the future after both parties present evidence witnesses. The judge will issue a protective order if they determine domestic violence has occurred.

Aggravated Domestic Violence – An individual can be convicted of an aggravated domestic violence offense if they commit a third or subsequent domestic violence offense within 84 months of any previous offense. Aggravated domestic violence can result in a class 5 felony conviction.


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Domestic Violence Penalties in Tempe

The sentencing range for domestic violence offenses in Tempe are defined in Chapters 7 and 8 of Title 13 of the Arizona Revised Statutes. These penalties generally range from a maximum to a minimum term of imprisonment, but first-time offenders are usually given a presumptive sentence. The presumptive penalties can increase or decrease, depending on various factors, including:

  • Whether the offense was aggravated;
  • Whether the offense was mitigated;
  • Whether the offense involved a child under the age of 18;
  • Whether the offense resulted in death or serious bodily injury;
  • Whether the victim was pregnant at the time of the offense;
  • Whether a weapon was used during the commission of the offense;
  • Whether the offense was dangerous or non-dangerous; and/or
  • Whether the alleged offender has previously been convicted of a domestic violence offense.

The Arizona presumptive sentences for misdemeanor and non-dangerous felony domestic violence offenses for a first-time offender are as follows:

  • A class 3 misdemeanor domestic violence conviction can result in up to 30 days in jail and/or a fine up to $500.
  • A class 2 misdemeanor domestic violence conviction can result in up to four months in jail and/or a fine up to $750.
  • A class 1 misdemeanor domestic violence conviction can result in up to six months in jail and/or a fine up to $2,500.
  • A class 6 felony domestic violence conviction can result in prison term ranging from six months to 18 months, but the presumptive term of imprisonment is for one year.
  • A class 5 felony domestic violence conviction can result in a prison term ranging from nine months to two years, but the presumptive term of imprisonment is for 1.5 years.
  • A class 4 felony domestic violence conviction can result in a prison term ranging from 18 months to three years, but the presumptive term of imprisonment is for 2.5 years.
  • A class 3 felony domestic violence conviction can result in 30 months to seven years in prison, but the presumptive term of imprisonment is for 3.5 years.
  • A class 2 felony domestic violence conviction can result in a prison term from four years to ten years, but the presumptive term of imprisonment is for 5 years.

The Arizona presumptive sentences for dangerous felony domestic violence offenses for a first-time offender are as follows:

  • A class 6 felony domestic violence conviction can result in prison term ranging from 18 months to three years, but the presumptive term of imprisonment is for 27 months.
  • A class 5 felony domestic violence conviction can result in a prison term ranging from two years to four years, but the presumptive term of imprisonment is for three years.
  • A class 4 felony domestic violence conviction can result in a prison term ranging from four years to eight years, but the presumptive term of imprisonment is for six years.
  • A class 3 felony domestic violence conviction can result in five years to 15 years in prison, but the presumptive term of imprisonment is for 7.5 years.
  • A class 2 felony domestic violence conviction can result in a prison term from seven years to 21 years, but the presumptive term of imprisonment is for 10.5 years.

Additionally, an individual who is convicted of a domestic violence offense must complete a domestic violence offender treatment program. Felony domestic violence offenders may also be required to pay a fine up to $150,000.


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Mesa Domestic Violence Resources

Arizona Revised Statutes – Chapter 26 of Title 13 of the Arizona Revised Statutes defines the state’s domestic violence offenses and the punishments an individual can receive if they are convicted of a domestic violence offense. This link is to Arizona’s legal definition of domestic violence, in addition to offenses that can result in domestic violence charges.

Arizona Domestic Violence Information – This link is to the Arizona Supreme Court’s website, which provides information on domestic violence, including terms associated with domestic violence, examples of protective orders and miscellaneous resources on domestic violence in Arizona.

An Abuse, Rape, Domestic Violence Aid and Resource Collection – AARDVARC is a national organization that provides domestic violence resources and miscellaneous information on domestic violence throughout Arizona.

Arizona Child Protective Services (CPS) – This website provides information on child protective services (CPS) in Arizona and general family laws in the state. Also available on this site are methods to report child or family abuse and miscellaneous resources on family and protective services in Arizona.


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Law Office of James E. Novak, PLLC | Domestic Violence Attorney in Tempe

Contact the Law Office of James E. Novak today for a consultation about your alleged domestic violence charges throughout Maricopa County in Arizona. James Novak is an experienced criminal lawyer in Tempe who will make every to find defenses or mitigating factors applicable to your situation that may result in a reduction or a dismissal of your charges altogether. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your alleged domestic violence offense throughout Maricopa County in Arizona.

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