WHAT DOES THE "DOMESTIC VIOLENCE" ALLEGATION MEAN?
Arizona prosecutors routinely add the allegation "domestic violence" to assault charges. The Arizona revised statute defines "assault": it occurs when a person either intentionally, knowingly, or recklessly causes any physical injury to another person; or knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in reasonable apprehension of imminent physical injury. The state mostly charges misdemeanor assault as a class one (1) misdemeanor.
The allegation of "domestic violence" or DV assault means that the assault was against a family member. A conviction for domestic violence can be used against you in the future in a Child Custody/ Divorce proceedings. Further, you could get jail time and the court can require you to attend mandatory counseling.
In recent years, Arizona laws regarding domestic violence have undergone several changes. The county attorney and city attorneys are now aggressively prosecuting all reported incidents of violence in the home. Today, such crimes are prosecuted even in cases where the victim refuses to press charges or recants initial claims of abuse.
Notably, the domestic violence or DV allegation can also be added to charges such as trespassing and criminal damage.
CAN DOMESTICE VIOLENCE BE CHARGED AS AGGRAVATED ASSAULT OR A FELONY?
"Aggravated Domestic Violence" happens when a person is convicted of a third or subsequent misdemeanor violation of the Domestic Violence section per A.R.S. §13-3601 within the previous five (5) years. It is a felony and not a misdemeanor.
CAN I FIGHT A "DOMESTICE VIOLENCE" ALLEGATION? HOW?
Yes, you can fight it!
The Law Office of Vladimir Gagic has experience in handling Arizona assault and domestic violence cases. If the state of Arizona has charged you or someone you know with assault or a weapons crime, we can help.
Contact Vladimir Gagic at his Phoenix office today by calling 602-955-1985.
