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Arrested for Domestic Violence but Didn't Start the Fight

Arrested for Domestic Violence But You Didn’t Start the Fight

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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
  • Endangerment
  • Sexual assault
  • Kidnapping
  • Homicide offenses
  • Stalking
  • Surreptitiously recording or photographing someone
  • Intimidation/threats
  • Revenge porn
  • Unlawful imprisonment

Most domestic violence offenses involve minor disputes or altercations between partners, spouses, or close family members.

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Domestic Violence Charges During Holidays

Do Domestic Violence Charges Increase During the Holidays?

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Many people think that incidents of domestic violence charges will spike during the holidays. The holidays can be stressful and cause people to take their anger out on those who are closest to them. Several factors can lead to domestic violence incidents during the holidays, including financial stress, unrealistic expectations, increased alcohol use, and being shut inside with immediate family members for extended periods.

During this holiday season, all of these factors are compounded by the impact of the continuing COVID-19 pandemic and the added layers of stress and financial problems it has wrought. While domestic violence cases do happen, some people also lash out at their family members by filing false reports.

People who are facing domestic violence charges should talk to a domestic violence attorney at the Shah Law Firm as soon as possible.

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Increase in Domestic Violence Charges During the Holidays

The holidays bring a lot of added stress to families in Arizona. People can be overwhelmed when they have to plan holiday celebrations. They might also be facing increased financial stress and have unrealistic expectations of their experiences. Holidays can always be overwhelming. However, the 2020-2021 COVID-19 pandemic has added even more stress. Many families are struggling financially and simply do not have the means to celebrate in the way in which they would like.

According to data from the Phoenix Police Department, domestic violence homicides increased by 180% year-over-year during the first eight months of 2020 as compared to the same period in 2019. This demonstrates that people were already under significant stress even before the holiday season got started.

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Arizona manslaughter laws

How Can Manslaughter Charges Be Ruled Self-Defense in Arizona?

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In the state of Arizona, the law allows you to fight — and even in some instances kill, if warranted — in an effort to protect yourself, your family, or other loved ones. With that said, proving that how you used physical force in the act of self-defense is a great deal more complicated than most people realize against manslaughter charges.

Other states in the US have similar laws, such as the popular “stand your ground” laws that explain to residents that suggest that someone would be justified in threatening to use — or actually using — physical force against another person to a reasonable extent when the first person believes it to be immediately necessary for the purposes of protecting him or herself and/or others.

In the state of Arizona, and according to ARS 13-411, citizens have no duty to retreat before making any threats of physical violence in most instances if you are in a situation or a place where you have the legal right to be, and you have not engaged in any illegal acts.

When You Can Legally Use Force, Even Deadly Force

In fact, here in Arizona, there are a variety of situations in which the use of physical force are entirely justified, not just self-defense. Physical force may also be used in the state of Arizona in an effort to thwart certain crimes, as well as to come to the physical defense of a third-party whom you may or may not know. Furthermore, when a justification defense is something you plan to use, the prosecution bears the burden to prove beyond a reasonable doubt that the defendant in question did not act in a justified manner.

The statutes that protect you and allow you to use self-defense, and even to commit manslaughter in Arizona when justified are as follows:

  1. Arizona Revised Statute Section 14-404: Justification: Self-Defense
  2. Arizona Revised Statute Section 13-405 Justification: Use of Deadly Physical Force

Threatening or using force in self-defense, including deadly force, is justified when a reasonable person could believe that that force was immediately necessary to stay safe (protect yourself) from another person’s use — or attempted use — of illegal physical force.

Self-defense is NOT justified when:

  • The other person has only made a verbal threat
  • If you are resisting arrest from a law enforcement officer
  • If an innocent third-party was injured or killed as a result of your recklessness
  • If you were the person who initiated the provocation of the other person’s use of force, except when you were the one who withdrew first and clearly stated your intent to withdraw AND the other person continued to then use illegal physical force.

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Resisting arrest in Arizona: ARS 13-2508

What is Considered Resisting Arrest by Police in Arizona?

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In Arizona, there is actually a statute that defines what it means to resist arrest — lawmakers did this to ensure there would be no confusion in the courtroom after an arrest has been made, as resisting arrest is often a charge that is added to, or that happens in addition to, other charges at the same time.

Arizona Revised Statute 13-2508: Resisting Arrest in the State of Arizona

According to Arizona Revised Statute (ARS) 13-2508, resisting arrest in Arizona is defined as the act of intentionally preventing an arrest by either:

  1. Using or threatening to use physical force
  2. Creating substantial risk or physical injury
  3. Passively resisting an arrest through nonviolent physical means in a manner meant to impede, delay, or otherwise hinder an arrest

Passive Resistance of Arrest

Because it is one of the most common forms of resisting arrest today, and because peaceful resistance of arrest is known as a tool of protestors and others during the course of exercising their First Amendment right to free speech, it is important to understand passive resistance to arrest.

Passive resistance can mean more than one thing, but it is important to understand that the same rules for resisting arrest that apply to someone violently resisting through physical harm to authorities will also apply to someone who is peacefully resisting. And, in the courtroom, an Arizona judge is not likely to note the difference between a peaceful resistance and a physical revolt against arrest, with the only obvious difference — which would result in further charges — being resisting arrest in a violent manner that resulted in an injury or injuries to one or more police officers or other authorities.

A peaceful or nonviolent resistance to arrest can simply mean failure to act when told you are under arrest, refusing to put your hands behind your back, refusing to get out of your car or move from a specific physical space when an officer or other authority has commanded you to, or “dead weighting” your body in such a manner that arresting you and moving you from where you are on the street or another public space into a patrol car is exceedingly difficult for authorities.

ARS 13-2508 Includes Quite a Bit of Unclear Language

While Arizona law does have a specific statute for resisting arrest as noted above, Arizona Revised Statute 13-2508 is difficult to pin down, not only for officers and citizenry, but even for the courts and judges themselves. The statute contains a lot of room for interpretation — or misinterpretation — that makes it incredibly broad, far reaching, and frankly, that gives both the state and the person who allegedly resisted arrest a good amount of wiggle room.
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Order of protection violation in Arizona

Violation of a Restraining Order or Order of Protection in Arizona

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Violating a restraining order in the state of Arizona is a serious charge that comes with serious repercussions, including fines, potential jail time, and even criminal charges. But before we discuss exactly what happens if you do violate an order of protection in Arizona, let’s first talk a little bit about what they are, what the implications are, and why you may have been ordered to stay away from a specific person or other entity in the state of Arizona.

What Exactly is a Restraining Order or Order of Protection in Arizona?

The state of Arizona defines a restraining order as an order of protection, offering protection from one individual to another against any potential acts of abuse of any kind, harassment, or other violations of the protection order holder’s rights and freedom of movement. Orders of protection are served to those defendants who the criminal court has decided could be a danger to the holder of the order of protection, and this could be simply based on that person’s fear of you or what you may do if the two of you come into contact.

Orders of protection can be served both to those who know one another well as well as to those who are strangers or virtual strangers to one another based upon the circumstances of the record of potential harassment. In Arizona, you can be served with an order of protection, an emergency order of protection, an injunction against harassment, or an injunction against workplace harassment — which one you are served with will depend on the circumstances surrounding the reasons for the order in the first place.

Who Can Have an Order of Protection Filed Against Them in Arizona?

This is an important question with a variety of disparate answers. In the state of Arizona, an order of protection can be served to any of the following people:

  • A current or former husband or wife (spouse or ex-spouse)
  • A person with whom you have lived, shared a household, been roommates, or cohabitated as an unmarried couple
  • Any person with whom you have had or currently have a romantic and/or sexual relationship as defined by Arizona law
  • A person who impregnated another person, or with whom you have a child or children in common
  • Any relative of any kind, including the relatives of a current or former husband or wife (spouse or ex-spouse’s relatives), including your own parents, grandparents, in-laws of any kind, or siblings and step siblings

Click to Learn More about order of protection violations in Arizona…

Arizona Assault Laws

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In the state of Arizona, an aggravated assault is considered a Class 3 or Class 4 felony. There are several circumstances that can elevate a simple assault to the level of aggravated assault, including:

  • Serious physical injury or disfigurement occurred to another person (this can include using an automobile to cause these severe injuries).
  • Committing an assault on anyone in law enforcement, a teacher, firefighter, prosecutor, health care provider, or prison guard.
  • Any person over the age of 18 committing a simple assault or misdemeanor on a child younger than 15 years of age.
  • Using a deadly weapon such as a gun or a knife to place someone in immediate and imminent fear of serious bodily harm.
  • The assault occurred against a person who was restrained.
  • The assault occurred after entering a private residence of a victim.

Additional circumstances that will impact the length or severity of your sentence will include any past criminal history, and how severe the assault was in this case. Other instances such as causing a public inconvenience such as making a phone call or statement that causes a building evacuation can also be considered an assault. Finally, even just intimidating words or threatening actions can be considered an assault and can result in arrest, charges, and a possible conviction.

Contact an Experienced Attorney Today

Assault charges are a serious matter, and your permanent record and even freedom can be seriously affected. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your assault case, and explain your options to you. She can fight for your rights, and provide you with strong representation in your criminal case. Contact Arja Shah today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Aggravated Domestic Violence Penalties in Arizona

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The state of Arizona takes domestic violence seriously and imposes harsh penalties on those convicted of violent and criminal activity within a domestic dispute. However, if a person has been previously convicted of a domestic violence charge, subsequent charges can be even more severe.

Aggravated Domestic Violence

Aggravated Domestic Violence is when a person has already been convicted at some point of a Domestic Violence Statute in Arizona. The charge of Aggravated Domestic Violence occurs after previous convictions and is a way that the state of Arizona can more severely punish those repeat offenders.

The law Arizona under Statute 13-3601.02 states that if a person is convicted of a third or subsequent violation of the Domestic Violence Statute within the past seven years, he or she can be charged with Aggravated Domestic Violence.

The penalties associated with Aggravated Domestic Violence are severe and include the following:

  • Conviction with Two Prior Domestic Violence Convictions: Range of four months to two and a half years incarceration
  • Conviction with Three Prior Domestic Violence Convictions: Range of eight months to two and a half years incarceration
  • Conviction with One Historical Felony Conviction: One to three and three quarters years in prison
  • Conviction with Two Historical Felony Convictions: Three to seven and a half years in prison

Oftentimes, in these cases, the prosecutors will want to ensure that the penalty involves some sort of incarceration.

Possible Defenses to Aggravated Domestic Violence

If you have been arrested and charged with Aggravated Domestic Violence, there are some possible defenses that exist.

  • Miranda Rights Violation. If the police officers did not read you your Miranda Rights, then it is possible that this violation by law enforcement can remove the charge, or mitigate the charge.
  • Self-Defense. If you were acting out in self-defense, then you were not the actual aggressor in the case. If you were protecting yourself from an attack and caused an injury that was necessary to ensure self-preservation or protection, you would be able to use self-defense against the charge.
  • Lack of Eyewitness Testimony or Evidence. Many times, these cases can be a he said/she said scenario. An investigation will need to be done regarding 911 calls, surveillance footage, medical records, and possible expert witnesses to help reconstruct the incident and whether there is truly enough evidence for an Aggravated Domestic Violence conviction.
  • Denial of Right to Counsel. Again, if the police officers did not provide you the opportunity to visit with counsel at any time before the interrogation began, this can be a violation of your rights.

These criminal charges are incredibly complex, and seeking the assistance of an experienced criminal defense attorney can help you understand your rights and build possible defenses to your Aggravated Domestic Violence charge.

Contact an Experienced Criminal Defense Lawyer Today

Being arrested and charged with an Aggravated Domestic Violence charge can be overwhelming and terrifying. Arja Shah, is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Hire a Phoenix Assault & Battery Charges Defense Attorney to Represent You

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In Arizona, you can be charged with assault even if you didn’t touch someone. This is because assault is defined as a threat or attempt to injure someone, even if it doesn’t happen. Assault and battery means that there was an assault and contact with someone. If you’re facing assault and/or assault and battery charges, you need an experienced assault & battery charges defense attorney from Shah Law Firm PLLC representing you. With 12 years of experience, we will investigate your case thoroughly to build the best possible defense for you.

Assault Classes in Arizona

In Phoenix, Arizona, assaults are classified according to their severity (Class 1 to Class 3 are misdemeanors, while aggravated assault is a felony). In the state, the higher the class number, the less severe the offense is. Aggravated assault is the most serious assault charge in Arizona. Aggravated assault means that someone caused a serious injury to a victim with a deadly weapon or assaulted a public servant. Assault is also considered aggravated if it occurs to a child under the age of 15.

The Shah Law Firm PLLC will evaluate every client’s case to determine the best strategy to help defend their rights.

Penalties for Assault in Phoenix

Jail times for misdemeanor assault ranges from 30 days to six months with fines up to $2,500. Individuals found guilty also have to reimburse the court for incarceration costs. Probation and community service may also be required. Aggravated assault has much harsher penalties with prison time up to 25 years. Because of these types of penalties, it’s important to have a skilled assault & battery charges defense attorney by your side to ensure your rights are protected every step of the way.

Call to Schedule a Free Legal Consultation with an Assault and Battery Charges Defense Attorney in Phoenix, Arizona Today

If you’ve been charged with assault and battery in Phoenix, it’s important to schedule a free legal consultation with an assault and battery charges defense attorney from the Shah Law Firm PLLC of Phoenix, Arizona. Call (602) 888-0369 today to schedule your free legal consultation.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Contact Arja Today to Learn How She Can Help You!

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