Click to Call (602) 560-7408
Arrested for Domestic Violence but Didn't Start the Fight

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

/in , , , , , , /by

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.

Click to Learn More About Arrested for Domestic Violence by Didn’t Start the Fight…

Domestic Violence Charges During Holidays

Do Domestic Violence Charges Increase During the Holidays?

/in , , , , , , /by

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.

Speak to Arizona Defense Attorney Arja Shah Now

We are Open and Available to answer any questions. Free consultations by phone or video chat.
Shah Law has successfully defended over 2,700 clients. We are on your side!

Click Here to Call

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.

Click to Learn More About Domestic Violence Charges During the Holidays…

Arizona Shannons Law Shooting Gun in the Air

Shannon’s Law & Unlawful Discharge of a Firearm in Arizona

/in , , , , /by
Shannon’s Law is legislation that was passed in the state of Arizona that makes it illegal to discharge a firearm anywhere within the city limits of any city or town within the state of Arizona.

The law was passed in response to the 1999 gun-shooting tragedy that ended the life of Shannon Smith. As the story goes, Shannon Smith was casually walking around the backyard of her Central Phoenix home when suddenly, a bullet that had been fired into the air more than a mile away from her location struck her in the head and killed her.

Shannon Smith’s parents fought and won to create Shannon’s Law in a grassroots effort that included a veritable who’s who among Phoenix area prosecutors, politicians, area citizens, and law enforcement officials, among others, who wanted to see the legislative change that would restore peace in the Phoenix Metropolitan area, making it illegal to fire any type of gun or rifle into the air in an effort to avoid future tragedies such as the one that tragically took the life of Shannon Smith.

Known legally as Arizona Revised Statute (ARS) 13-3107, enacted in 2000, Shannon’s Law makes it a felony for anyone, according to the law, “who, with criminal negligence discharges a firearm within or into the limits of any municipality” within the state of Arizona.

Bullet falling from the sky

Not Every Discharge of a Firearm is a Felony in the State of Arizona

While it is true that Shannon’s Law makes it unlawful to discharge a firearm, it only does so when, according to the Shannon’s Law legislation, that person does so with criminal negligence, which may not always apply in every case. To prove this and obtain a misdemeanor charge instead of a felony charge, you may have to strike a plea bargain, but in the state of Arizona, these are relatively rare unless of course, you have propper defense lawyer representation.

It’s important to understand that, because of the notoriety Shannon’s law received upon its passage, and because the law provides for mandatory sentencing, cases that fall under its purview are prosecuted with relative aggressiveness when compared to other, similar offenses within the state of Arizona, and especially within the Greater Phoenix Metro Area.

However, the important exceptions to Shannon’s Law that some people may not be aware of include shooting that occurs within supervised outdoor shooting ranges, areas where hunting is permitted, and select other designated areas in and around Phoenix and other parts of the state of Arizona.

Illegally discharging a firearm and understanding Shannon's Law in Phoenix
Click to Learn More about Shannon’s Law…

Order of protection violation in Arizona

Violation of a Restraining Order or Order of Protection in Arizona

/in , , , , , /by

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…

Hire a Domestic Violence Attorney in Goodyear for Legal Representation

/in , , /by

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.

Aggravated Domestic Violence Penalties in Arizona

/in , , , , /by

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.

Guide to Domestic Violence in Arizona

/in , , /by

In 1994, Congress passed a federal law called the Violence Against Women Act (VAWA), establishing that violence against women is a criminal offense to be treated as a national priority. Domestic violence is defined in Arizona as any criminal act by one family or household member against another. While not every act of domestic violence is violent, they can include any kind of physical, sexual, verbal, or emotional abuse toward a victim. Unfortunately, domestic violence in Arizona affects all races, religions, and cultures.

Domestic Violence in the United States

Over 3 million domestic violence incidents happy every year in the United States. This translates to a domestic violence incident every nine seconds. Even more shocking is that approximately 4,000 victims of domestic violence are killed each year in the United States. Statistics reveal that up to one-fourth of all domestic relationships have included some form of domestic violence.

Domestic Violence Acts in Arizona

Arizona Revised Statute Title 13 – Criminal Code Statute 13-3601 addresses and criminalizes domestic violence in Arizona. According to the statute, the very long list of domestic violence acts between and among household members that can be charged in Arizona include:

  • physical assault;
  • threatening words or conduct;
  • Intimidation in any way;
  • harassment or stalking by phone and in-person;
  • photographing, recording or watching another person without consent in a private place;
  • threatening or causing endangerment;
  • unlawful imprisonment and holding someone against their will;
  • kidnapping;
  • criminal trespassing;
  • criminal damages;
  • willfully disobeying a court order;
  • child custodial interference;
  • criminal acts such as: negligent homicide, manslaughter, and murder;
  • preventing a person from using a telephone in an emergency;
  • certain crimes against children; and/disorderly conduct.

Domestic Violence Charges

If domestic violence charges are brought against a person, the decision rests and remains solely in the hands of the Arizona district attorney and victims can have no recourse if a prosecutor fails to bring charges in a domestic violence case. On the other side, if a victim tells the prosecutor they wish to drop charges, a prosecutor will not dismiss a case if they believe domestic violence offenses occurred. If you are a victim of domestic abuse, contacting a domestic violence attorney can help you understand your rights.

Your Safety is Paramount

Above all else, seek safety if you find yourself the victim of domestic violence in Arizona. Find shelter for you, and your children as soon as possible. our safety is the most important issue in a domestic violence situation. If you are a victim of domestic abuse, you may consider filing a protective order against your abuser. Arizona offers two types of restraining or protection orders — Emergency Orders of Protection and Permanent Orders of Protection. Contacting an experienced domestic violence defense lawyer can help you understand your rights, and if a protective order would help ensure your safety.

Consider Working with Arja Shah Law

Our firm’s founder, Arja Shah, is an experienced domestic violence defense lawyer and advocate for domestic violence victims, with offices in Phoenix, AZ. Clients appreciate her strong advocacy in the courtroom with a client-centered approach to service. If you have been a victim of domestic abuse, you can discuss your case with Ms. Shah at (602) 888-0369 or by filling out the law firm’s online form.

Penalties for Domestic Violence and Disorderly Conduct Convictions in Arizona

/in , , , /by

Domestic violence is not an explicitly codified crime in Arizona. Instead, it is a term used to describe the nature of the relationship between the parties. Arrests related to domestic violence typically include assault, battery, or disorderly conduct charges.

Disorderly conduct occurs when an individual ‘disturbs the peace,’ and these charges can run concurrently with each other. If law enforcement arrested you for domestic violence disorderly conduct, you might find it helpful to discuss the details of your case with a domestic violence defense lawyer in Phoenix, AZ.

Disorderly Conduct Penalties in Arizona

We previously defined disorderly conduct above as a disruption to public peace and enjoyment. Within the context of domestic violence, this type of behavior affects neighbors and family members. Examples of disturbing the peace may include:

  • Fighting or engaging in violent acts
  • Using abusive language or gestures to provoke others
  • Making noise that is unreasonably loud
  • Interfering with lawful gatherings or meetings
  • Failing to follow public safety orders
  • Recklessly handling or discharging a deadly weapon

Arizona classifies disorderly conduct as a class 1 misdemeanor. The only exception to this rule pertains to deadly weapon discharges. In this case, the charges become a class 6 felony.

Class 1 misdemeanor convictions may result in jail time of up to six months, a fine of up to $2,500, and up to three years of probation. Additional penalties may include mandatory counseling depending upon the circumstances of your case.

The Application of Disorderly Conduct to Domestic Violence

Let us take a closer look at how disorderly conduct charges apply to domestic violence allegations. Arizona courts can use the domestic violence context for pending charges as long as the involved parties are:

  • Married or share children
  • Pregnant with the alleged abuser’s baby
  • In a sexual or romantic relationship
  • Related biologically or by law
  • Minor-aged dependents

Disorderly conduct charges related to domestic violence can increase the penalties associated with other charges if any. Courts may require you to leave the residence or issue a restraining against you at the request of your accuser.

Discussing Your Case with a Domestic Violence Defense Lawyer in Phoenix, AZ

It is critical for you to remember that pending charges do not mean that you are guilty. It just means that the State of Arizona believes it has enough evidence against you to prosecute your case. If you follow any form of media, you know how often state and county prosecutors are unable to convict people of the charges against them for several reasons.
One reason for dismissed or reduced charges lies within your ability to defend and argue your case. Hire a licensed Arizona criminal defense attorney to handle this aspect for you. He or she has the knowledge, training, and experience to offer you the best defense possible.

Consider Working with Arja Shah Law

Our firm’s founder, Arja Shah, is an aggressive criminal defense lawyer with offices in downtown Phoenix and serving clients in all of Arizona. Clients appreciate her strong advocacy in the courtroom with a client-centered approach to service. You can discuss your case directly with attorney Arja Shah by calling (602) 888-0369 or by sending her a message through the firm’s free attorney consultation request form.

Contact Arja Today to Learn How She Can Help You!

4 + 4 = ?

This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.
Call Now ButtonAvailable Now by Phone/Video