Have you been charged with domestic violence in Tucson? Have you consulted with an experienced Tucson domestic violence lawyer?
If you have been charged with domestic violence in Tucson you may be facing lifelong consequences. Penalties for a domestic violence conviction may include jail or prison time, hefty fines, and probation. Those charged with domestic violence often attempt to confront their accuser to avoid police and court involvement. However, speaking with the alleged victim or police without first consulting with an experienced Tucson domestic violence lawyer can seriously damage your case.
The statute criminalizing domestic violence is ARS 13-3601, which states that you are prohibited from committing certain violent acts and property crimes against current and former spouses, persons who are dating or are in a sexual relationship, and other domestic relationships. What distinguishes domestic violence from other violent crimes is the special relationship with the victim.
Some examples of these domestic relationships include:
Current or former spouses
Persons who have a child together
Persons residing in the house household
Defendant or victim is pregnant by other party
Persons who are or were in a romantic or sexual relationship
Victim is related to defendant or defendant’s spouse by blood or court order as a relative
Victim is child who resides or resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who has resided in the same household as defendant.
If you are in one of these “special” relationships and have committed one of the following crimes, you may be charged with domestic violence:
Assault or aggravated assault
Violating a restraining order or an order of protection
What are the penalties for domestic violence in Tucson?
If you are charged with Misdemeanor Assault/Domestic you are facing penalties that include up to 6 months of jail time, a $2,500 fine, up to (3) three years of probation, and loss of your ability to carry a firearm. With that said, first time domestic violence offenders may receive probation and be required to complete a counseling program for domestic violence. Alternatively, you may be offered diversion, where after completion of the program the domestic violence charges are dismissed. In addition to the legal penalties, a domestic violence conviction may cause a loss of custody or parenting time.