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1540 E. Maryland Ave., Suite 100B
Phoenix, AZ 85014
Call For Your 30 Min Case Evaluation
Domestic violence charges are among the most serious criminal allegations a person can face in Tempe, Arizona. A domestic violence conviction carries severe penalties that can impact all aspects of your life, including your freedom, family, career, reputation, and future opportunities.
If you’ve been arrested for domestic violence in Tempe, it’s important that you understand the potential consequences and consult with an experienced criminal defense attorney who can protect your rights and build the strongest possible defense on your behalf. At The Molina Law Group, our skilled Tempe domestic violence team has extensive experience successfully defending clients against the full range of domestic violence charges.
We are committed to providing honest, professional, and affordable legal services focused on achieving the best possible outcome for each and every client we represent. Our legal team, led by attorney Edwin A. Molina III, has a proven track record of securing positive results in domestic violence cases, from getting charges dismissed or reduced to obtaining not-guilty verdicts at trial.
Here, we’ll cover what you need to know if you’re facing domestic violence charges in Tempe, including an overview of Arizona’s domestic violence laws, the harsh consequences of a conviction, and the most effective legal defenses that can be raised.
If you’ve been charged with any domestic violence offense, don’t hesitate to contact The Molina Law Group to discuss your case and your options for moving forward during a free and confidential consultation.
In Arizona, domestic violence is not a separate criminal offense. Rather, it is a designation that can be applied to a wide variety of crimes committed against someone with whom the perpetrator has a specific type of domestic relationship.
Under A.R.S. § 13-3601, the following offenses can be charged as domestic violence when directed at a “family or household member” or someone with whom the defendant has a romantic or sexual relationship:
For the domestic violence designation to apply, the alleged victim must be related to the accused in one of the following ways:
The domestic relationship between the defendant and the alleged victim is what elevates the criminal charge to domestic violence and triggers enhanced penalties upon conviction. Even a misdemeanor offense like disorderly conduct can result in severe domestic violence consequences if committed against a family or household member.
A domestic violence conviction in Tempe carries significant short-term and long-term consequences. In addition to potential jail time and fines, collateral consequences can impact your life for years to come. The severity of the penalties will depend on factors such as the underlying criminal offense, whether the alleged victim sustained injuries, if minors were present, and the defendant’s criminal history.
Some of the most common consequences of a domestic violence conviction include:
Misdemeanor domestic violence convictions can result in up to six months in jail for a first offense and longer sentences for subsequent convictions. Felony offenses like aggravated assault or kidnapping carry multi-year prison terms.
Courts impose fines for domestic violence convictions, often totaling thousands of dollars. Defendants may also have to pay restitution to victims for economic losses like medical bills, property damage, lost wages, and counseling expenses.
Most defendants convicted of domestic violence will be placed on supervised probation. This involves complying with numerous court-ordered conditions, which may include domestic violence counseling, drug and alcohol testing, no contact with the victim, community service, and regularly checking in with a probation officer. Violating probation can result in additional criminal charges and jail time.
Under federal law, anyone convicted of a domestic violence offense is prohibited from possessing firearms or ammunition. Violation of this law is a federal felony punishable by up to 10 years in prison. You will also lose your gun rights under Arizona law and will need to have them restored through a separate court process after completing your sentence.
Alleged victims often obtain protective orders in domestic violence cases that prohibit the defendant from having any contact with the victim or coming within a certain distance of their home, work, or school. Even if the criminal charges are ultimately dismissed, the restraining order may remain in place. Violating a protective order is a separate criminal offense that can result in additional jail time.
A domestic violence conviction can make it very difficult to find and maintain employment. Most employers conduct criminal background checks and may be hesitant to hire someone with a history of domestic violence. You may also be barred from certain professions, such as teaching, childcare, or working with vulnerable populations.
If you are a licensed professional, such as a doctor, nurse, lawyer, or accountant, a conviction can result in disciplinary action by your licensing board, including suspension or revocation of your professional license.
For non-citizens, a domestic violence conviction can have devastating immigration consequences, potentially resulting in deportation and permanent inadmissibility to the United States. Any non-citizen charged with a domestic violence offense needs to consult with an attorney who understands the intersection of criminal and immigration law.
Domestic violence allegations can irreparably harm your reputation in the community, even if you are ultimately exonerated. Friends, neighbors, and colleagues may view you differently and make negative assumptions about your character. This social stigma can strain your personal relationships and make it difficult to move forward with your life.
Many landlords conduct criminal background checks on prospective tenants and may refuse to rent to someone with a domestic violence conviction. Public housing authorities can also deny or terminate benefits based on a conviction. This can make it extremely challenging to find safe and affordable housing, especially if you are also dealing with employment difficulties due to your criminal record.
Being charged with domestic violence doesn’t mean you will necessarily be convicted. Prosecutors must prove your guilt beyond a reasonable doubt, which is a high legal standard. At Molina Law Group, our skilled Tempe domestic violence lawyer will investigate the allegations, identify weaknesses in the prosecution’s case, and raise all applicable legal defenses on your behalf.
Some common defenses that may apply in a Tempe domestic violence case include:
Prosecutors must have sufficient admissible evidence to prove each element of the charged offense beyond a reasonable doubt. If the state’s evidence is weak, we may be able to get the charges dismissed or secure an acquittal at trial. Common evidentiary issues in domestic violence cases include lack of physical evidence, absence of third-party witnesses, and inconsistent or contradictory statements by the alleged victim.
If you were defending yourself or someone else against the imminent use of unlawful physical force, you may have a valid self-defense claim. However, your use of force must have been reasonably necessary under the circumstances.
Self-defense is an affirmative defense, which means the defendant has the burden of producing some evidence to support the defense. If self-defense is raised, the prosecution must disprove it beyond a reasonable doubt.
Similar to self-defense, Arizona law allows individuals to use reasonable force to defend their property from criminal trespass or theft. This defense may apply if the alleged victim was attempting to unlawfully enter or remain in your home or vehicle and you used force to prevent the intrusion or remove the person from the property.
If the alleged domestic violence arose out of a mutual physical fight or struggle between the parties, we may be able to argue that you were not the primary aggressor and should not be singled out for prosecution. However, this defense may not apply if you had an opportunity to safely retreat and failed to do so.
If you have evidence showing that you were somewhere else when the alleged domestic violence occurred, you may have a strong alibi defense. This could include witness testimony, surveillance footage, GPS data, or other records indicating that you could not have committed the offense.
In some cases, alleged victims of domestic violence may recant their initial statements and claim that the allegations were false or exaggerated. While a recantation alone may not be enough to get the charges dismissed, it can significantly weaken the prosecution’s case, especially if there is no other corroborating evidence.
Ultimately, the best defense strategy will depend on the unique facts and circumstances of your case. Our experienced Tempe domestic violence team at Molina Law Group will carefully review all available evidence, identify the most viable defenses, and create a compelling legal strategy tailored to your individual needs and goals.
If you or a loved one has been charged with domestic violence in Tempe, don’t wait to seek experienced legal representation. The sooner you contact a skilled domestic violence defense lawyer, the better your chances of securing a favorable outcome and minimizing the potential consequences of a conviction. At The Molina Law Group, we are here to provide the honest, professional, and effective legal guidance you need during this challenging time.
Call The Molina Law Group today at (602) 718-1249 or contact us online for a free and confidential consultation. Our office is open Monday-Friday, 8am-6pm, and we have an emergency line available 24/7 if you need an attorney after business hours. We look forward to putting our skills, experience, and commitment to work for you.
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