In Arizona, being arrested for domestic violence is among the most overcharged types of offenses, and they carry significant penalties. Most domestic violence cases involve minor altercations between partners, spouses, or family members.
If the police are called on a report of potential domestic violence, they will arrest someone and charge them with a crime of domestic violence even if the victim doesn’t press charges.
The idea that a case will go away if the victim doesn’t press charges is a common misnomer. Prosecutors charge crimes, and it is not up to the victim to decide that the victim doesn’t press charges. You can be charged even if the victim in your case doesn’t want the case against you to go forward.
Being charged with a crime and arrested for domestic violence can subject you to stigma. In some cases, people are charged with this offense when they were not the person who started the fight.
If you are facing domestic violence charges when the alleged victim is the one who hit you first, you should speak to an experienced criminal defense lawyer at the Shah Law Firm.
We are experienced in handling cases involving domestic violence charges and are prepared to help you if you’ve been arrested for domestic violence.
Domestic Violence in Arizona
Many people think that domestic violence is a separate crime. However, that is not the case. Under ARS 13-3601, domestic violence is an enhancement that attaches to other offenses based on the relationship the defendant has with the alleged victim.
Any of the following crimes can be charged as crimes of domestic violence:
- Assault (misdemeanor or aggravated)
- Harassment (misdemeanor or aggravated)
- Child/ Vulnerable adult abuse
- Interference with custody
- Criminal damage
- Disorderly conduct
- Dangerous crime against a child
- Violating a restraining order
- Sexual assault
- Homicide offenses
- Surreptitiously recording or photographing someone
- Revenge porn
- Unlawful imprisonment
Most domestic violence offenses involve minor disputes or altercations between partners, spouses, or close family members.