Domestic assault is a crime involving causing harm or threatening harm to someone within the home, a family member, or someone who was once a companion. However, there are legitimate claims of domestic assault and there are those that are fictitious. Unfortunately, there are a lot of false claims that are made. These claims are sometimes the result of child custody cases or simple retaliation against another person.
But even when a claim of domestic assault is legitimate, it is not out of the question for certain details to be exaggerated. It is important that the facts are revealed in court so that you can have the best possible outcome and move on with your life. It is imperative that you have an experienced Phoenix domestic assault lawyer by your side because recent changes in Arizona’s domestic violence laws have led to prosecutors being more aggressive than ever to secure a conviction. If you’ve been accused of domestic assault in Phoenix, Mesa, Glendale, Scottsdale or the surrounding area it is important to give Myles A. Schneider & Associates a call before talking to the police.
Who Is Affected By Domestic Violence Law?
The revised domestic violence laws in Arizona state the following individuals can be charged and convicted of domestic assault:
- Spouse or former spouse that resides or has resided together in the past. This does apply to same gender couples.
- The defendant and victim have a child in common.
- The defendant or victim is pregnant by the other party
- The victim is related to the defendant or the spouse of the defendant by blood or marriage or is a court-ordered parent or guardian.
- The victim is a child who is related by blood to the defendant or to a former spouse of the defendant and currently resides or has resided with the defendant.
- A previous romantic relationship existed between the victim and the defendant.
Consequences If Convicted
Being convicted of domestic assault has a number of consequences. They can include time in jail, probation, or even time in prison. A conviction can also warrant mandatory counseling. While the conviction may be a misdemeanor, domestic assault involving a weapon or a criminal record with previous domestic assault offenses can become a felony. The seriousness of the case is going to determine the penalty that a person must pay.
In addition to the legal penalties, a conviction for Domestic Violence can follow an individual forever. More importantly, domestic violence convictions can have disastrous consequences:
1. Your immigration status may be effected. Non-citizens may face deportation;
2. You may lose your right to carry or own a firearm – Forever;
3. Your employment may be effected and you may lose your fingerprint clearance card; and
4. Your student scholarships may be revoked, loans denied and application to schools may be rejected.
A conviction for Domestic Violence can carry with it a host of sanctions and disqualification that can place an unanticipated burdens on individuals trying to re-enter society and lead lives as productive citizens.
Phoenix Domestic Assault Attorney
If you or a loved one has been accused of domestic assault, you need a criminal defense attorney who is experienced in defending such accusations. Even if the victim decides later to not press charges against you, the prosecution will still pursue the case without the victim having anything to do with it. The charges are taken very seriously and we at Myles A. Schneider & Associates, LTD also take them seriously by providing you with a solid defense. Call us today at 602-926-7373 or fill out the contact form on this page to schedule your free case evaluation.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.