Domestic Assault

Accusation of spousal abuse, domestic battery and domestic assault in Mesa can arise from a number of situations, including heated arguments, drunken fights, or in order to receive a more favorable outcome in a divorce or child custody proceeding. Law enforcement officers commonly arrest the individual who allegedly committed the domestic assault if there is any type of accusation, even if there is insufficient evidence or no other witnesses were present.

An assault offense can become domestic assault if the alleged offender commits the offense against a family member. A family member in Arizona can include anyone related by blood or marriage, a spouse, a child, another parent of the same child, a parent, a grandparent, a grandchild, a brother or sister, a stepparent, or a parent-in-law.

Domestic assault convictions in Arizona can result in serious penalties, including jail or prison time, fines or surcharges, an inability to pursue educational opportunities or jobs, probation and/or a criminal record. Therefore, it is essential to hire an experienced attorney to begin creating your legal strategy.

If you have been charged with domestic assault 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 an experienced domestic assault attorney who will make every to fight the serious allegations against you. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged domestic assault offense.

According to section 13-1203 of the Arizona Revised Statutes, any of the following situations can result in allegations of domestic assault.

An individual can be accused of domestic assault if they cause physical injury to their spouse or another family member. The injury cannot be from an accident, but has to be the result of some intentional or reckless act. This offense is punishable as a class 1 misdemeanor if it is committed knowingly or intentionally. However, if it is committed recklessly, it is punishable as a class 2 misdemeanor.

An individual can be accused of domestic assault if they intentionally cause their spouse or another family member to be afraid they are about to be physically harmed by the alleged offender. This offense is punishable as a class 2 misdemeanor.

An individual can be accused of domestic assault if they touch a spouse or family member with the intent to injure, insult or provoke the alleged victim. This offense is punishable as a class 3 misdemeanor.

According to ARS § 13-1203(33), physical injury is defined as the impairment of any physical condition. Serious physical injury is defined under (39) as physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health, or loss or lingering impairment of the function of any bodily organ or limb.

Domestic assault offenses in Arizona require the alleged offender to have a certain mental state or state of mind when they commit the offense. These mental states are defined in ARS § 13-105(10), and are as follows:

Intentionally – This mental state requires the alleged offender to have the objective to cause the result or the objective to engage in the conduct.

Knowingly – This mental state requires the alleged offender to be aware or believe that their conduct was criminal or assaultive in nature. They do not have to know the act was unlawful.

Recklessly – This mental state requires the alleged offender to be aware of and consciously disregard a substantial and unjustifiable risk that their conduct will cause the result.

According to Chapter 7 of Title 13 of the Arizona Revised Statutes, a range of certain sentences are provided for each degree of offense of domestic assault. Most often, individual convicted of criminal offenses are given a presumptive sentence, but can also be given the maximum and minimum penalty. The type of punishment will depend on a variety of factors, including:

• Whether a weapon was used during the commission of the offense;
• Whether the alleged offender has any prior convictions;
• Whether the offense involved a child under the age of 18;
• Whether the offense resulted in death or serious bodily injury;
• Whether the offense was aggravated;
• Whether the offense was mitigated; and/or
• Whether the victim was pregnant at the time of the offense.

The statutory provided penalties for an alleged misdemeanor domestic assault offender with no prior convictions in Arizona are:

• A conviction for a class 3 misdemeanor domestic assault offense can result in up to 30 days in jail, up to one year on probation and/or up to $500 in fines.
• A conviction for a class 2 misdemeanor domestic assault offense can result in up to four months in jail, up to two years on probation and/or up to $750 in fines.
• A conviction for a class 1 misdemeanor domestic assault offense can result in up to six months in jail, up to three years on probation and/or a fine up to $2,500.

Additionally, an individual who is convicted of a domestic assault offense must complete a domestic violence offender treatment program. If the offender has been convicted of another domestic violence offense within the preceding 60 months, they may be placed on supervised probation and incarcerated as a condition to their probation.

Contact the Law Office of James E. Novak today for a consultation about your alleged domestic assault charges throughout Maricopa County in Arizona. James Novak is a knowledgeable Tempe domestic violence lawyer who will make every effort to find applicable defenses or mitigating factors to have your charges reduced or even dismissed. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your alleged domestic assault offense throughout Maricopa County in Arizona.