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Domestic Violence Charges in Tucson, AZ

If you’ve been charged with a domestic violence crime in Arizona, you need to retain the services of a criminal defense lawyer who handles domestic violence offenses. The attorneys at Hernandez & Hamilton, P.C. are not only familiar with the domestic violence laws of Arizona, but also have extensive experience handling cases that land in domestic violence court. You may regret your involvement in a domestic incident, but you should not forgo professional representation by a Tucson criminal defense attorney. Call today. 

Shadow of a man yelling at women

Arizona Domestic Violence Laws

Under Arizona Law, a crime is considered domestic violence if the relationship between the offender and the alleged victim is one of the following:

  • The victim and the defendant are immediate family members related by blood
  • They are the biological parents of a child in common
  • They cohabitate as a family in the same household, either currently or in the past
  • They are currently married or used to be married
  • They have been in a romantic or sexual relationship

If you’ve been charged with domestic violence, it is because one of these relationships applies to you and your accuser.

Consequences of a Domestic Violence Charge

The penalties for domestic crimes in Arizona are in line with the laws for non-domestic crimes. In other words, a Class 1 Domestic Assault and a Class 1 Assault are both Class 1 misdemeanors, punishable by up to six months in jail and $2,500 in fines. However, there are some differences:

  • The classification of domestic violence appears on your criminal history.
  • The court may order a 26-week or 52-week mandatory course.
  • If it’s your third domestic violence conviction, it is considered aggravated domestic violence and automatically becomes a felony.
  • It is more likely to affect child custody. 

Types of Domestic Violence Charges in AZ

Most violent crimes can be classified as domestic violence if the relationship between the two parties meets the statutory definition. The operative phrase is “violent crimes.” So, for instance, a theft would not be considered a domestic theft, even if the parties shared a domestic relationship. Here are some of the most common types of domestic crimes that occur in Arizona:

  • Assault and aggravated assault
  • Stalking
  • Harassment and Aggravated Harassment
  • False Imprisonment
  • Kidnapping
  • Rape
  • Child Abuse
  • Child Sexual Assault
  • Violation of a Restraining Order
  • Witness Tampering
  • Homicide

A domestic violence conviction for any of the above-listed crimes could lead to jail or prison, probation, fines, court-mandated classes, and a criminal record, which could affect employment and educational opportunities, as well as your standing in the community. 

FAQ About Domestic Violence in AZ

While every domestic violence case is different, many of our clients have similar questions. Here are some of the most frequently asked questions we receive at Hernandez & Hamilton, P.C. For specific answers about your case, contact our Tucson, AZ law office. 

Do weapons affect jail time for domestic violence? 

If the defendant allegedly used a weapon in the crime, it changes the classification of the crime. For example, a domestic assault without a weapon may be charged as a misdemeanor, but if the defendant uses a deadly weapon during the incident, it automatically becomes a felony crime. In addition, the police may temporarily seize a firearm from your residence if they have probable cause that a domestic violence crime has occurred. 

What is aggravated domestic violence?

When a defendant is convicted of multiple domestic violence offenses in seven years, the third offense can be classified as aggravated domestic violence, which means that misdemeanor crimes, like assault, can be charged as felonies. 

What happens if I’m served with a restraining order?

It’s not uncommon for someone arrested for a domestic crime also to be served with a restraining order. This means that the respondent must leave the residence and not go back for the duration of the order and avoid contact with the victim. In addition, the respondent must surrender their firearms until the order is lifted and a judge orders their return.

It’s important that you don’t violate a restraining order, or you could face new charges that complicate your existing case. 

Why do I need a domestic violence attorney?

Domestic crimes often lead to jail or fines, but they can tarnish your reputation. An attorney can review your case to determine whether there is enough prosecutorial evidence to convict. If not, they may be able to get the charges against you dropped or reduced. Finally, a Tucson domestic violence lawyer can help you avoid making critical mistakes that could land you in even deeper trouble.

Attorneys Representing Those Accused of Domestic Violence in Arizona

With your freedom and reputation on the line, you need to proactively seek representation.  If you’ve been arrested for a crime of domestic violence in Tucson, call Hernandez & Hamilton, P.C. to speak with an experienced attorney.