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Glendale Domestic Violence Lawyer

Glendale Domestic Violence LawyerHave you been arrested for domestic violence in Glendale, AZ? A conviction can affect your freedom, financial security, and legal rights.

Orent Law Offices has represented clients facing domestic abuse charges for more than 33 years. Our law office offers free consultations to help you explore your legal options. Contact us today to speak with a Glendale domestic violence lawyer who can help you.

How Orent Law Offices Can Help When You’re Charged with Domestic Violence in Glendale, AZ

A domestic violence conviction can follow you for the rest of your life. You may lose visitation rights with your child or be forced to move out of your home. It can also affect your employment opportunities. When you are facing a serious domestic abuse charge, you deserve a Glendale criminal defense lawyer committed to giving you the strong defense you deserve.

Orent Law Offices has more than 30 years of criminal defense experience representing clients facing violent criminal charges and domestic abuse allegations. The Arizona State Bar has certified our founding attorney as a Criminal Law Specialist. The National Trial Lawyers have recognized him as a Top 100 Trial Lawyer.

Hire us, and you can count on our Glendale criminal defense attorneys to:

  • Provide the legal advice and support you need during your criminal case
  • Determine the best legal strategy based on a thorough investigation of your case
  • Build a multi-faceted defense with exculpatory evidence, evidence suppression, and sound legal arguments
  • Use expert testimony to dispute the prosecution’s witness testimony and evidence
  • Seek a dismissal of your case or reduced charges if the facts and evidence do not support the charges against you
  • Seek the best possible outcome in your case, including a plea bargain, an acquittal or not guilty verdict, or minimum sentencing 

A domestic violence conviction has life-changing consequences. Orent Law Offices is here to help you protect your good name. Contact our law firm for a free consultation with a domestic violence attorney in Glendale, Arizona.

What is Domestic Violence in Arizona?

Domestic violence is a serious violent crime throughout the United States. However, in Arizona, this offense is not a specific crime. “Domestic violence” is a designation attached to an underlying criminal offense.

Under ARS § 13-3601, domestic violence is classified as the defendant’s specific crimes against a person with whom they share a “domestic relationship.”

There are two key elements in domestic violence cases: 

  • Whether the crime is listed as a domestic violence offense under ARS 13-3601; and
  • Whether there was a “domestic relationship”

A domestic relationship can include a defendant’s spouse, dating partner, roommate, child, partner’s child, or family member. Domestic violence can be a misdemeanor or a felony in Arizona.

What is Considered a Domestic Relationship in Arizona?

Arizona’s domestic violence statute seeks to protect members of a “domestic relationship” from harm. 

Domestic relationships can include:

  • Members of a household, including roommates
  • Current and former spouses
  • Sexual or romantic partners and former partners
  • Someone who is pregnant with the alleged perpetrator’s child
  • A family member, including parents, grandparents, in-laws, and siblings
  • Child victims who are in the same household, related by blood, or the child of a current or former spouse 

In some cases, a court must decide whether two parties were in a domestic relationship. For former romantic partners, the court may consider how long the relationship lasted, when it ended, and how often the parties have interacted.

What Criminal Offenses Are Considered Domestic Violence in Glendale, AZ?

There are a wide range of crimes that can trigger the domestic violence designation in Arizona. 

Common domestic violence offenses include:

  • Assault under ARS 13-1203
  • Aggravated assault under ARS 13-1204
  • Child abuse, elder abuse, and vulnerable adult abuse under ARS 13-3623
  • Harassment or aggravated harassment under ARS 13-2921
  • Sexual assault under ARS 13-1406
  • Criminal trespass under ARS 13-1504
  • Disorderly conduct under ARS 13-2904
  • Endangerment under ARS 13-1201
  • Threatening or intimidating under ARS 13-1202
  • Unlawful imprisonment under ARS 13-1303
  • Preventing use of a phone in an emergency under ARS 13-2915
  • Custodial interference under ARS 13-1302
  • Negligent homicide, manslaughter, first-degree, and second-degree murder 

Domestic violence can be a felony or a misdemeanor, depending on the underlying offense. Some offenses are also “wobblers,” meaning they can be misdemeanors or felonies, depending on the circumstances.

Disorderly conduct is one of the most common wobbler domestic abuse offenses in Glendale, Arizona. This offense, also known as “disturbing the peace,” can involve offensive or abusive language likely to provoke physical retaliation or unreasonable noise. It can also involve fighting or other disruptive behavior. Disorderly conduct is typically a Class 1 misdemeanor unless a defendant uses a dangerous object or weapon, in which case it becomes a Class 6 felony.

It is very common to face multiple domestic violence charges. For instance, imagine a scenario in which a loud, heated argument occurs between dating partners who live in an apartment. Partner A attempts to leave the home, and Partner B blocks the door. Partner A attempts to use the phone to call the police, but Partner B takes the phone away.

In this scenario, Partner B is not causing any physical harm to Partner A. They may not see their actions as domestic violence if they were merely trying to prevent their partner from leaving. However, these actions can result in several domestic violence charges, including unlawful imprisonment, preventing use of a phone in an emergency, and disorderly conduct.

What Are the Penalties for Domestic Violence in Glendale, AZ?

“Domestic violence” is a designation attached to a primary criminal offense. The penalties you face for domestic violence are based on the underlying charge. However, the “DV” designation can increase penalties and expand sentencing options.

Depending on the charge, you may face potential penalties such as:

  • Mandatory minimum sentence
  • Reduced parole eligibility
  • Restrictions on probation
  • Lengthier jail or prison sentence
  • Protective or restraining order
  • Domestic violence program. A mandatory intervention program is at least 32 weeks in Maricopa County.
  • Fines 

Some cases qualify for a domestic violence diversion program in Maricopa County. A deferred judgment is also an option. These programs allow you to avoid a DV conviction and the penalties that come with it. You must typically pay fees and a fine and complete anger management or domestic violence courses. 

The jail or prison time (and potential fines) you face depends on whether it is a misdemeanor or felony charge and your prior criminal record.

Misdemeanor Domestic Violence Penalties

Common misdemeanor domestic violence offenses include:

  • Domestic assault, usually a Class 1 misdemeanor
  • Disorderly conduct, a Class 1 misdemeanor
  • Threatening or intimidating, a Class 1 misdemeanor.
  • Unlawful imprisonment, a Class 1 misdemeanor if the victim is released voluntarily without injury 
  • Preventing use of a phone in an emergency, a Class 2 misdemeanor 

Misdemeanors are less serious than felonies and may be punishable by jail time.

  • A Class 1 misdemeanor is punishable by up to six months in jail and a fine of up to $2,500
  • A Class 2 misdemeanor is punishable by up to four months in jail and a fine of up to $750.
  • A Class 3 misdemeanor is punishable by up to 30 days in jail and a fine of up to $500. 

If you’re convicted of a misdemeanor domestic violence offense, you can also face up to 3 years of probation or counseling and domestic violence classes. These programs can last for 26 to 52 sessions.

If you are convicted of a misdemeanor and have a prior conviction for the same offense within the last 24 months, you can be sentenced to the next highest class. This can push a Class 1 misdemeanor to a Class 6 felony.

Felony Domestic Violence Penalties

Common felony domestic charges include:

  • Aggravated domestic violence, a Class 5 felony charged for repeat offenders
  • Aggravated domestic assault, a Class 4 felony without serious injuries or a weapon
  • Aggravated domestic assault, a Class 3 felony with serious injuries without a weapon
  • Aggravated assault involving strangulation, a Class 4 felony under ARS 13-1204
  • Sexual assault, a Class 2 felony with a sentencing range of up to 14 years for a first offense
  • Assault with a deadly weapon, a Class 3 felony 

Note that some domestic violence offenses may have sentencing ranges outside of these guidelines. Aggravating factors can also enhance the sentence.

The following are general sentencing guidelines for felonies in Arizona:

  • Class 2 felony: four to ten years in prison. An aggravated sentence carries a sentence of up to 12.5 years.
  • Class 3 felony: 2.5 to three years in prison. An aggravated sentence can last up to 8.75 years.
  • Class 4 felony: 1.5 to three years in prison. An aggravated sentence extends for up to 3.75 years.
  • Class 5 felony: nine months to two years. An aggravated term can last for up to 2.5 years.
  • Class 6 felony: six to 18 months in prison. An aggravated term is two years. 

You may face aggravated sentencing if the crime was particularly cruel or if you have a prior felony conviction.

There are also longer sentence ranges if you have:

  • One or more prior felony convictions
  • The offense involves certain dangerous crimes against children (DCAC)
  • The crime is considered a dangerous offense involving intentional infliction of significant injury or the use of a dangerous object or weapon 

Some misdemeanor offenses can be upgraded to a Class 6 felony. If you are charged with three misdemeanor domestic violence offenses within seven years, it becomes aggravated domestic violence. In this case, aggravated domestic violence is a Class 5 felony punishable by up to 2.5 years for a first offense. An additional two years can be added if the victim was pregnant.

Threatening and intimidating becomes a felony if threats or intimidation are used in retaliation for reporting a crime, including domestic violence. 

Because the penalties for domestic violence are so severe, it’s crucial to consult with an experienced Glendale domestic violence attorney as soon as possible.

What Are Potential Legal Defenses to Domestic Violence Charges in Glendale, Arizona?

You may have multiple defense options available when you are facing domestic violence charges. 

Experienced domestic violence lawyers may recommend the following defense strategies:

  • False allegations. This is, unfortunately, a common occurrence, especially in cases involving contentious custody or divorce battles. False accusations can also be used for revenge or as a control tactic by an abusive partner.
  • Self-defense. Many domestic violence charges result when one person is defending themselves against another. You may have been charged instead of the other person because you did not have physical injuries. 
  • Lack of evidence. The prosecution must prove your guilt beyond a reasonable doubt. Domestic abuse cases often rely on weak or circumstantial evidence.
  • Lack of intent. You must have been in the proper state of mind to commit a domestic violence offense. If you were not behaving recklessly and had no intent to cause harm or fear, you may have a valid defense. 

At Orent Law Offices, we will also investigate whether your constitutional rights were violated or police misconduct was involved. Our law group will move to have evidence suppressed if it was obtained illegally or handled negligently by law enforcement. This may be enough to weaken the prosecution’s case.

Contact a Glendale Domestic Violence Lawyer for a Free Case Review

You do not have to face serious domestic violence charges alone. Orent Law Offices is prepared to give you the experienced legal representation you need to fight for your freedom. Contact our law firm today for a free case review with a Glendale domestic violence lawyer who will put over 30 years of experience to work for you.

 

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