Domestic violence is not just about intentional serious physical injuries. The Arizona statute defines domestic violence as any behavior of an abuser that may involve intentionally and knowingly causing physical harm. The domestic assault has a relatively straight-forward definition: offenders are guilty of assaulting an intimate partner or family member. Spousal abuse and family violence, however, could range from: stalking, child endangerment, or strangulation, to touching, harassment, or rape, or even possessing and using firearms or deadly weapons to cause serious bodily harm. As you may have guessed, committing violent crimes, such as the above, could be punishable in criminal court.
Criminal cases involving domestic abuse may be classified according to its severity. In a misdemeanor criminal offense, the perpetrator will usually be asked to pay fines as punishment and he or she could be sentenced with up to one year of jail time. Criminal charges that are considered felonies generally have the same penalties as misdemeanors. However, fines may be higher and imprisonment may be much longer. Under state law, the prosecution will consider the degree of the criminal case when deciding on a criminal conviction. If bodily injuries are visible on the domestic violence victims, for instance, the offender might have to deal with an aggravated assault conviction.
It is important to seek help from a criminal attorney who will defend you from being punished because of false allegations. To avoid being convicted with a misdemeanor or felony assault, the services of an experienced defense attorney is necessary. The following are defenses that you could use, be it against misdemeanor charges or felony charges:
- There is no sufficient evidence to support the arguments of the victim or there are no witnesses to prove that you committed the violent crime
- The statement of the alleged victim is only for revenge on the person who allegedly assaulted him or her
- The defendant’s attack was a matter of self-defense
- The serious physical injury of the victim was caused by an accident
- The misconduct or violence happened to defend a child
- The physical contact was part of mutual combat or during a robbery or burglary
Aggravating a simple assault to the first degree, second degree or third-degree charges is possible, depending on the evidence and how the prosecutor and your criminal defense lawyer will handle your case. Defense attorneys shall evaluate the criminal offenses that have been charged to you and will accordingly plan for defense strategies to be used in the jury trial.
Good criminal defense attorneys will help convince the jurors that you are innocent and were only falsely accused, say, of an assault charge or domestic violence charges. Our defense lawyers are experienced in defending clients in complicated criminal defense cases including assault and battery, sexual assault, motor vehicle accidents, driving under the influence or DUI, and assaults in general. When handled by an expert, a criminal domestic violence charge against you may be dismissed. You just need to be completely honest with your criminal defense attorney and cooperate to have the best possible outcome.
If you have been charged with violent crimes or are facing assault charges, contact our office to get legal representation. Call us at The Law Office of Howard A. Snader, LLC for a free consultation.