Domestic Violence Defense Attorney in Phoenix
Within a family or other domestic relationship, it is not unusual for disputes to arise. Because of the intensity of emotions involved, conflicts can easily escalate into full-scale verbal or physical battles, complete with threats, intimidation, shoving, hitting, throwing of objects, and more. When an assault, abuse, or other crime occurs within the context of a domestic relationship, and law enforcement becomes involved, they file the charges against the alleged perpetrator as “domestic violence.” If you are facing domestic violence charges, you should contact a Phoenix domestic violence lawyer as soon as possible.
The Potential for False Allegations
Violence and abuse should never occur within a domestic relationship. However, for many years, when it did, law enforcement wrongly looked the other way. Today, however, the pendulum has swung to the opposite extreme. Domestic violence has become highly politicized. In addition, the courts now take it extremely seriously. Therefore, it is an area that provides fertile ground for false allegations. As your Phoenix domestic violence attorney can tell you, reports of domestic violence are fairly common. People may use them as a means of exacting revenge against a domestic partner based on an emotional response to infidelity or other perceived wrong-doing in the relationship.
Which Domestic Relationships Allow a Domestic Violence Charge to Be Filed?
Domestic violence is not itself a specific crime. Rather, it is an enhancement to charges for any crime or abuse that affects someone with whom you are currently involved, or with whom you have been involved, in any type of domestic relationship, for example:
- Your spouse or ex-spouse
- Someone you’re dating or were dating
- Your live-in partner
- Your child or grandchild
- A current or former romantic partner’s child
- Your child’s other parent
- A woman who is pregnant with your child
- Your parents or grandparents
- A roommate or housemate
- Your brother or sister
- Your in-laws
Arizona’s Domestic Violence Statute lists abusive behaviors that can be charged as domestic violence when the alleged victim falls into one of the categories constituting a “domestic relationship.” These are just a few:
- Sexual assault
- Violating a protective order
- Malicious mischief
Enhanced Penalties for Domestic Violence
When you are charged with domestic violence, in addition to the penalties you would ordinarily be subjected to if convicted of the crime you’ve been accused of, there will be others. Some of the penalties begin immediately at the time of the accusation, without requiring a conviction. These penalties include seizure and impounding of any weapons you own and an issuance of an emergency order of protection against you. This is a situation where you may feel that you have been denied your constitutional right to a presumption of innocence until proven guilty.
On top of any jail time or probation, if convicted, you may be required to:
- take domestic violence classes (at your own expense)
- lose your right to possess a gun
- lose visitation rights or custody of your children
Finding the Right Domestic Violence Attorney When You’re Facing Accusations of Domestic Violence
A domestic violence conviction carries far-reaching consequences. Therefore, you will need to fight the charges with every legal means at your disposal. That means hiring the domestic violence lawyer you can find. The State of Arizona Bar has a system in place for helping you to identify the most experienced, skilled, and knowledgeable attorneys in their practice area by means of their board certification process. Look for an Arizona Board Certified Criminal Law Specialist to represent you. In order to earn this prestigious credential, a lawyer has to pass a demanding exam, and professional peers in the legal community must recommend him. Because a domestic violence conviction can be potentially life-destroying, you should insist on a Phoenix domestic violence lawyer who is Board Certified.
You’ll also want to find a domestic violence attorney with a documented track record. Don’t hesitate to ask your lawyer questions, including the following:
- How frequently do you defend people facing domestic violence charges?
- Are you willing to take your criminal defense cases to trial?
- Do you focus solely on criminal defense matters?
- Do you handle both misdemeanor and felony charges?
- How many years have you specialized in criminal defense?
- How does your professional experience, including any work as a prosecutor, help you with your cases?
- Will you handle my case or pawn it off on a junior associate?
How to Find a Domestic Violence Lawyer
Board Certified Criminal Law Specialist in Maricopa County
To hire a Board Certified Criminal Law Specialist, look no further than The law office of Howard A. Snader, LLC. A former Maricopa County prosecutor with offices in Phoenix and Scottsdale, Howard obtained his board certification as a Criminal Law Specialist in 1995. In addition, he has earned an AVVO rating of a perfect 10 (superb), the highest possible. He has a long and enviable record of having charges dismissed or reduced for his clients and of obtaining full acquittals at trial.
Howard will conduct his own investigation of the allegations against you, as well as plan the best strategy for your unique circumstances. This may include:
- finding flaws in the prosecutor’s case
- identifying constitutional violations in police procedure
- discrediting witnesses
- uncovering possible motivations for a false accusation
If you are facing domestic violence charges, call Howard Snader as soon as possible. Don’t tell the police your side of the story, discuss the event with them, or answer any questions until your attorney arrives to safeguard your constitutional rights. Moreover, don’t lose hope. With a superb Phoenix domestic violence lawyer working for you, you have the very best shot at a resolution that will minimize any disruption of your life and freedom.