Domestic Violence Lawyer in Gilbert
Domestic violence doesn’t always mean exactly what most people think. There is a common misconception that to be charged with domestic violence, a person has to actually be physical with a wife or girlfriend. The reality is, it really isn’t a specific charge. Domestic violence is a designation that can be given to several different charges depending on the relationship between the alleged aggressor and victim. The most common offenses we see that are associated with a domestic violence designations include assault, disorderly conduct and criminal damage. For example, two people could be yelling outside of their house. While the argument maybe never turned physical, if the police were called by a neighbor, and the people involved in the shouting match had a relationship considered “domestic” under Arizona law, they would be charged with disorderly conduct with a domestic violence designation. Another situation we routinely see is two people in an argument, as a result of frustration, boyfriend punches a hole in the wall of his house or apartment. If the argument was between boyfriend-girlfriend, husband-wife or roommates, he would be charged with criminal damage with a domestic violence designation. To your surprise, this would even apply if the aggressor was the owner of the house or was on the lease and the alleged victim was not.
Who Can be Charged with Domestic Violence
In order for the State to prosecute a person for domestic violence, they have to prove that a certain relationship existed. Some of the most common relationships include boyfriend-girlfriend, spouses, engaged in a current or former sexual relationship, parent-child, siblings and roommates. Depending on the situation, there are have been times when the State has tried to prosecute our clients and we’ve been able to successfully argue that they didn’t fit into one of these relationships even though the State initially argued otherwise.
Consequences for Domestic Violence
The consequences can be severe, especially in Gilbert. If convicted, a person can be sentenced to jail, probation, six months of domestic violence courses and lose their rights to possess firearms. The most important consequence, however, is the stigma of being convicted of domestic violence. This conviction will hit your criminal record and you are going to subjected to people making assumption about what happened that evening. Although everyone has been in heated arguments with their significant others, we’ve found that people are not understanding or cast judgment on others when there is conviction for domestic violence.
Our Lawyers Can Help
Don’t be scared. If you’re charged with domestic violence, we will help you get through this difficult situation. There are plenty of argument and tactics we can use to help tell your side of the story. We know you don’t want a criminal conviction on your record; we don’t want that either. Let’s roll up our sleeves and get to work on your case. Call us anytime for a free case strategy, 602-926-0673.