LOCALLY RESPECTED DOMESTIC VIOLENCE ATTORNEY
IN SCOTTSDALE, ARIZONA

According to a study by the Arizona Coalition to End Sexual and Domestic Violence, one in four women and one in seven men experience domestic violence in their lifetime. This equates to 804,048 women and 453,689 men in Arizona who will experience domestic violence at some point in their lives.

If someone believed to be a victim of domestic violence calls 911, the police will come and investigate, and it is the police (not the alleged victim) who will decide whether to arrest the alleged abuser for the crime of domestic violence. Additionally, in Arizona, the alleged victim alone cannot have the charge(s) dropped.

If you’ve been charged with the crime of domestic violence in or around Scottsdale, Phoenix, Mesa, Chandler, Tempe, or Glendale, contact my firm — The Law Office of William L. Morris, P.L.L.C. I will listen to your side of the story, investigate the allegation(s), and work with you to develop a strong defense strategy aimed at obtaining the best possible outcome.

Everything You Need to Know About Domestic Violence Charges in Arizona

Under Arizona law, domestic violence involves any crime in which the persons involved have a “domestic relationship,” which is defined by Arizona Revised Statute § 13-3601, which states:

• 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.
• The victim and the defendant have a child in common.
• The victim or the defendant is pregnant by the other party.
• 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.
• 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.
• 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:
  • The type of relationship.
  • The length of the relationship.
  • The frequency of the interaction between the victim and the defendant.
  • If the relationship has terminated, the length of time since the termination.

In Arizona, domestic violence charges can be the result of something as seemingly minor as an argument, violating a restraining order with a late-night phone call or text, damaging the property of the victim, threats of violence, up to actual intentional physical assault. Domestic violence charges can range from a misdemeanor to possibly a felony depending on the surrounding circumstances.

Many times, authorities are called to a domestic disturbance with no witnesses other than the alleged victim and no evidence other than the two involved parties’ testimony, under oath, in a court of law is all that is available. Arizona law requires that arriving police officers must arrest someone involved in the incident as a way to prevent further escalation. The decision on who to arrest for domestic violence is made exclusively by the investing officers and contrary to popular belief, it is not always based simply on who called the police in the first place.

Different Types of Domestic Violence

Misdemeanor Assault:

Arizona Revised Statute § 13-1203, has the following three subsections:

• A person commits assault by:
  • Intentionally, knowingly, or recklessly causing any physical injury to another person
    • (requires injury to the victim and if done either intentionally and/or knowingly, such is a Class 1 Misdemeanor. If the injury resulted from your recklessness, such is a Class 2 Misdemeanor)
  • Intentionally placing another person in reasonable apprehension of imminent physical injury
    • (only requires that you placed the victim in reasonable apprehension of imminent physical injury. Thus, no actual injury to victim is required. Such is a Class 2 Misdemeanor)
  • Knowingly touching another person with the intent to injure, insult or provoke such person
    • (requires you to touch the alleged victim with the specific intent to injure, insult or provoke the alleged victim. Such is a Class 3 Misdemeanor).

Disorderly Conduct:

Arizona Revised Statute § 13-2904:

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family, or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance, or display with the intent to prevent the transaction of the business of a lawful meeting, gathering, or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard, or any other emergency; or

6. Recklessly handles, displays, or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraphs 1, 2, 3, 4, or 5 is a class 1 misdemeanor.

In Arizona, Disorderly Conduct – Domestic Violence charges can stem from something that may seem as minor as a verbal argument with your significant other and is the domestic violence charge we see most often charged by Arizona police and prosecutors. Even though no actual violence ever occurred, it is still considered a “Domestic Violence” offense.

Criminal Damage:

Arizona Revised Statute § 13-1602 states as follows:

A. A person commits criminal damage by:

1. Recklessly defacing or damaging the property of another person.

2. Recklessly tampering with the property of another person so as substantially to impair its function or value.

3. Recklessly damaging the property of a utility.

4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.

5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

6. Intentionally tampering with utility property.

B. Criminal damage is punished as follows:

1. Criminal damage is a class 4 felony if the person recklessly damages the property of another in an amount of ten thousand dollars or more.

2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of five thousand dollars or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.

3. Criminal damage is a class 5 felony if the person recklessly damages the property of another in an amount of two thousand dollars or more but less than ten thousand dollars or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.

4. Criminal damage is a class 6 felony if the person recklessly damages the property of another in an amount of one thousand dollars or more but less than two thousand dollars.

5. Criminal damage is a class 1 misdemeanor if the person recklessly damages the property of another in an amount of more than two hundred fifty dollars but less than one thousand dollars.

6. In all other cases criminal damage is a class 2 misdemeanor.

C. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind, and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.

Criminal Damage – Domestic Violence is charged where there is probable cause to establish that you engaged in any of the above-numerated actions/behavior listed in subsection “A” and is charged where personal items belonging to the alleged victim were damaged by you. We usually see it in cases where verbal arguments escalate to throwing things and breaking things belonging to the alleged victim, more common is when a party, say, punches a hole in the wall of the alleged victim’s residence, and/or defaced property like, say, keying the alleged victim’s car, slashing the tires on the vehicle belonging to the alleged victim, etc.

Possible Penalties & Consequences if Charged With Domestic Violence

Often domestic violence crimes are charged as misdemeanors, which range from Class 1, 2, or 3, with 1 being the highest/most severe. However, depending on the facts and circumstances alleged, domestic violence crimes can be charged as a felony/felonies. If convicted of a domestic violence offense Arizona law requires that you attend and complete 26 weeks (52 hours) of domestic violence treatment and education. Many first-time misdemeanor domestic violence offenders receive sentences that do not include jail and some first-time misdemeanor domestic violence offenders may even qualify for participation in a diversion program, which upon successful completion thereof, the domestic violence charges could be dismissed entirely.

Felony Domestic violence charges are those that include strangulation, severe physical injury, use or display of a deadly weapon or dangerous instrument, and threats to children or an unborn child, to name just a few. Felony domestic violence charges carry substantially more exposure of serving jail time and may in some instances result in a mandatory prison sentence if you are convicted.

A misdemeanor conviction for a “domestic violence” offense will result in the loss of your right to purchase and possess firearms and other “deadly weapons,” which is defined very vaguely by Arizona law as “anything designed for lethal use. The term includes a firearm.” If convicted of a felony, you will also lose your right to vote in addition to losing your right to possess firearms and “deadly weapons.” If you have a fingerprint clearance card issued by the Arizona Department of Public Service, a conviction of a domestic violence offense will revoke your Arizona fingerprint clearance card. Additionally, your fingerprint clearance card is suspended by merely being arrested for a domestic violence offense in Arizona.

What To Do If You Are Charged With Domestic Violence In Arizona

Police generally arrive after the domestic violence event has already happened, and they must make split-second decisions based on what they’re told and what they observe. They often arrest the wrong party or make an arrest when no crime occurred. Your first defense is to challenge their assumptions!

The state cannot prove beyond a reasonable doubt that a crime even took place, and/or that you were falsely accused, and/or that you acted in self-defense, and/or you acted without the requisite mental state (I.e., either intentionally, knowingly, and/or recklessly).

If you’ve been charged with the crime of domestic violence in or around Scottsdale, Phoenix, Mesa, Chandler, Tempe, and Glendale, contact my firm — The Law Office of William L. Morris, P.L.L.C. immediately! Experienced Arizona domestic violence attorney William Morris will listen to your side of the story, investigate the allegation(s), and work with you to develop the best possible and strongest defense strategy aimed at obtaining the best possible outcome.

How To Get Domestic Violence Charges Dropped In Arizona

In Arizona, the prosecutors decide which cases are dropped/dismissed, not the alleged victim (which is a common misnomer in Arizona). Thus, even if the alleged victim does not wish to prosecute or aid in prosecution, your case can and usually still proceeds unless up and until the prosecution in its sole and exclusive discretion decides to drop/dismiss a case involving domestic violence.

Domestic violence lawyer cost: how much does a lawyer cost for a domestic violence case?

Depends greatly on the specific charges, I.e., felony vs. misdemeanor, facts and circumstances alleged, criminal history of the defendant, the implications both personally and professionally a domestic violence conviction will have upon the defendant. Contact domestic violence attorney William Morris today for your free telephone consultation.

An Experienced Attorney Makes All Of The Difference

Have no doubt about this: prosecutors and the state legislature take domestic violence charges very seriously and as such the prosecutors will aggressively and often seek severe penalties if you are guilty.

If you’re dealing with domestic violence charges in Scottsdale, Tempe, Mesa, Gilbert, or Phoenix — no matter if it’s a misdemeanor — it’s crucial to have a conversation with someone who knows the ins and outs of the local legal landscape.

William Morris is not just any attorney; he’s a highly experienced domestic violence defense lawyer with a deep understanding of how to navigate these sensitive cases in the Arizona legal system. You don’t have to face these challenges alone. Reach out to William for the qualified support and agressive defense strategy you deserve. Contact us now to take the first step towards protecting your rights and your future.