Answering Common Questions about Domestic Violence ChargesNovember 30, 2015
Considering that the net for domestic violence offences in Arizona has been cast very wide, there are a number of situations in which you or a loved one may be charged with domestic violence despite lack of evidence, lack of intent, or even lack of violence at all. And yet despite how easy it can be to have domestic violence charges brought against you, the consequences of being found guilty can be serious and far reaching. That’s why it’s important that you seek experienced legal counsel if you or a loved one is facing domestic violence charges in Tucson. Before you consult with a criminal defense attorney, read through this post for answers to some questions that you may have about domestic violence charges.
Q: Is domestic violence a misdemeanor or felony?
A: Domestic violence can be charged as either a misdemeanor or a felony depending on the seriousness of the incident. Misdemeanor domestic violence typically involves simple assault or battery and/or verbal abuse. Felony domestic violence is reserved for more serious cases that involve serious bodily harm, assault with a deadly weapon, inappropriate sexual conduct, and abuse to a minor. Misdemeanor domestic violence can also be elevated to a felony for a second or third offense.
Q: What are the penalties for a domestic violence conviction?
A: It depends on the seriousness of the incident and any other aggravating factors, such as a prior criminal record or multiple instances of domestic violence. In either case, the penalties for a domestic violence conviction can be severe and may include fines, probation, jail time, the loss of gun and voting privileges, mandatory anger management counseling, and the possibility of job loss and a damaged reputation among the community.
Q: Can the victim decide to drop the charges?
A: Although the victim can decide to drop the charges at any time, the ultimate decision to pursue the case rests in the hands of the prosecutor’s office. In domestic violence cases, the victim is simply a witness for the State of Arizona, who acts as the plaintiff in the case.
Q: What can I do to fight the charges?
A: Seek experienced legal counsel as soon as possible. In Tucson, Janet Altschuler brings more than 20 years of experience providing aggressive criminal defense to help individuals accused of domestic violence beat the charges against them. To schedule your initial consultation with Tucson’s domestic violence attorney, call the Law Office of Janet Altschuler at (520) 247-1789 or toll-free at (866) 377-7808.