Arrested for Domestic Violence but Didn't Start the Fight

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

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?

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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domestic violence lawyer in phoenix arizona

Find the Best Domestic Violence Lawyer in Phoenix, AZ

Criminal domestic violence charges can have lasting consequences on your life. If you’re facing domestic violence charges or have a restraining order against you, the Shah Law Firm can help. As the best domestic violence lawyer in Phoenix, we have years of experience successfully representing folks just like you, and the track record of getting charges dismissed to prove it.

If you are accused of violent or aggressive behavior within the home you live in, or even outside the home in either public and private places, you may be charged with what is widely known as domestic violence.

Those who may have accused you of violent or aggressive behavior are most often spouses, domestic partners, or same-sex partners, but accusations and subsequent charges can also come from roommates, parents, adult children, grandparents, housemates, cousins, aunts and uncles, or anyone else with whom you share a common living space.

And, it doesn’t matter if you know the legal definition — domestic violence charges can include accusations of any kind of hitting, kicking, or physical acts of violence — but, they can also include charges of raising your voice, name-calling, or implications of mentally or emotionally harming someone with nothing more than words.

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Things You Need to Know About Domestic Battery Charges in Arizona

Domestic battery starts with an assault or a battery allegation. The charge is also known as domestic abuse, assault family violence, or domestic violence. At Shah Law Firm, we have defended clients for years facing these types of charges in and around Phoenix. We have the necessary resources needed to effectively investigate each of our cases.

About the Charges

In order to be charged with domestic battery, there must be proof of an assault or physical contact. The victim must have experienced pain because of this encounter. Next, proof of a domestic relationship between the victim and defendant must be proven. This can include children, parents, spouses, or other cohabitants. These charges can be a misdemeanor or a felony depending on the injuries. Jail time, probation, fines, counseling, and a restraining order may all result from domestic battery charges in Arizona. In many cases, this charge can lead someone to lose their job or even somewhere to live, so we understand how important it is that we provide the best possible legal representation for you.

Defenses to Domestic Battery

The usual defense is denial. This defense strategy doesn’t always work though depending on the victim’s injuries. Alternative causation is another defense where the defendant acknowledges there is an injury but says there’s a different reason for its cause. Our defense team can investigate your case thoroughly to uncover the best possible defense strategies to help you to get reduced or dismissed charges.

Call to Schedule a consultation Today

If you or a loved one is facing domestic battery or violence charges in Arizona, it’s important you call to talk to our legal experts. We offer free legal consultations where we learn about your case and answer your questions about the upcoming legal process ahead. Call 602-560-7408 today to schedule this consultation with our criminal defense attorneys. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

The Difference Between Spousal Battery and Corporal Injury

Spousal battery and corporal injury are both serious criminal charges in the State of Arizona. Shah Law Firm and our experienced team of legal experts have helped individuals like you facing these charges. We have a proven track record of success helping our clients to get reduced or dismissed charges all while protecting their legal rights every step of the way.

Battery Versus Spousal Battery

Battery is any willful or unlawful use of force or violence on someone. This misdemeanor crime is considered spousal battery when you use force or violence against someone you are in a relationship with, the parent of your child, a former significant other, or a cohabitant in your home. This conviction is more serious and can lead to possibly more jail time or fines.

What is Corporal Injury?

The crime of corporal injury involves the same people whom you have a relationship with or cohabitate with, but you must have inflicted an injury on them to be convicted of this crime, or they suffered a traumatic condition. This can be either a misdemeanor or a felony depending on the injury, which means the penalties vary on each type of charge too. Whatever the case, a corporal injury charge is serious and requires the expertise of a criminal defense lawyer in Phoenix.

Contact Our Criminal Defense Attorneys Today

If you or someone you know has been accused of spousal battery or corporal injury, you should contact an experienced criminal defense attorney immediately. Our team of skilled criminal defense lawyers has defended clients accused of domestic violence successfully for years. To schedule a free legal consultation today, call our Arizona law office at 602-560-7408. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

How Serious Are Domestic Violence Charges in Arizona?

Domestic violence occurs when violence happens when someone is in a specific relationship with someone, whether a cohabitant, a spouse, or significant other, or co-parent. This offense requires the expertise of an experienced domestic violence attorney from Shah Law Firm. We have years of experience representing those that are facing domestic violence charges and fully understand all domestic violence laws in the State of Arizona. Generally, someone is charged with assault in these situations

About Assault Charges

Assault is defined as knowingly causing physical injury to someone, intentionally placing someone in fear of injury or knowingly touching someone with the intent to injure them. The penalty for domestic violence assault carries the same punishments as assault charges. Class one misdemeanors lead to up to six months in jail, fines up to $2,500 and possible probation. While a class 2 misdemeanor can result in up to four months in jail and fines up to $750 and probation, a domestic violence charge stays on your record for life.

Possible Defenses

Some possible defenses to domestic violence include self-defense. Many incidences are provoked, and the defendant felt they had to lash out to protect themselves. Our team of criminal defense attorneys can investigate your case thoroughly and devise a defense strategy that works best for your case.

Call to Speak to Our Legal Experts Today

If you have been charged with domestic violence in Arizona, it’s important that you have an experienced domestic violence attorney by your side. At Shah Law Firm, we offer free legal consultations. To schedule one, call our Arizona law office at 602-560-7408. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

Hire a Domestic Violence Attorney in Goodyear for Legal Representation

In Arizona, domestic violence is defined as any violent threat and/or act between previous or current partners in a domestic situation, including family members. This type of violent crime charge is on one’s record for a lifetime.

If you or a loved one are facing domestic violence charges in Goodyear, Arizona, you need an experienced domestic violence attorney from the Shah Law Firm PLLC to represent you every step of the legal process. We understand all domestic violence laws in Arizona and can uphold them in legal proceedings, helping you protect both your rights and your reputation during this difficult time.

Possible Defenses to Violent Crimes

There are many defenses to violent crimes in Goodyear, Arizona that our expert legal team can employ. Some possible defense can include defense of property, self-defense, defense of another person, lack of mental state, duress, or necessity. At The Shah Law Firm PLLC, we can thoroughly investigate your case to determine the best possible defense.

Call to Schedule a Free Legal Consultation with a Violent Crimes Attorney in Scottsdale, Arizona Today

If you or a loved one have been charged with a violent crime in Scottsdale, it’s important to schedule a free legal consultation with a domestic violence attorney from Shah Law Firm PLLC. To schedule this no-cost legal consultation with our expert legal team, call (602) 888-0369 today.

Contact Arja Today to Learn How She Can Help You!

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