Phoenix Criminal Defense Attorney
Let a Former Prosecutor Fight for You You Don't Have to Face Tough Charges Alone

Forms of Domestic Violence

Domestic Violence Lawyer in Phoenix, Arizona

Domestic Violence, also referred to as domestic abuse or spousal abuse, occurs when one person commits a crime against another by using physical threats, stalking, assault or various other domestic violence offenses under Arizona law. Partners involved in domestic violence could be married or not married; living together; separated or dating. All too often, the decision to arrest is made based on who called the police. When faced with no independent witnesses, little evidence and a department policy requiring the officer to make an arrest under certain circumstances, many innocent citizens are wrongfully accused of domestic violence offenses. Being charged with a domestic violence offense in Phoenix can have significant consequences that could effect the rest of your life. In addition to incarceration, probation, fines and counseling, you could lose many valuable job opportunities and your right to possess a firearm.

Defending Accusations of Domestic Violence in Phoenix

When facing accusations of domestic violence, the situation is dangerous and a conviction can result in severe penalties. It is vital that you take immediate action if you have been arrested and charged with this offense, and contact a Phoenix domestic violence defense lawyer to review the situation. A conviction can lead to jail or prison time, depending upon whether your charge is a misdemeanor or a felony. A felony conviction is a very serious matter, and the results can be devastating to your life and your career. Not only could you face prison time, you may be unable to hold certain professional licenses in the future, and will be a "convicted felon" and face all the troubles and difficulties that come with that designation. It is an urgent matter that you have an attorney that is prepared to aggressively defend you, and will seek out a defense strategy to employ and implement at once. Fast negotiations with the prosecutor on your behalf could lead to a lesser charge, or in cases of false accusations of domestic violence, getting the charges dismissed is vital

Phoenix Domestic Violence Defense Lawyer

Our legal team at the Law Offices of Joshua S. Davidson can review and analyze your personal situation, all the evidence, witness statements, police reports and other data surrounding the case and advise you how the defense of your case will proceed. It is important that you are careful and do not make statements to law enforcement until your attorney arrives. It is definitely factual that anything you say will be used against you in court; many have regretted making statements when they did not have the protection of one of our attorneys.
As the penalties for this charge are so severe, the decision you make about your attorney is of ultimate concern. Many attorneys may offer representation, but the experience and proven record of success should determine your choice. Our firm is proud of our impressive record of success in defending our clients in all types of domestic violence cases, and is prepared to discuss your specific case with you.

Your freedom and rights are extremely important to you. It is very important that you speak immediately with an experienced and aggressive domestic violence defense lawyer who is familiar with these types of cases. Phoenix domestic violence defense attorney Joshua S. Davidson could be able to provide you with the defense that you need if you are facing serious criminal charges due to alleged domestic violence.

Under Arizona law, any of the following crimes can be considered a Domestic Violence offense:

Assault charges are taken very seriously both by criminal attorneys and prosecutors throughout Arizona. When a person is accused of assaulting or attacking a member of their family, many different people become involved in addition to the police. Often, child protective services will come into the home to investigate and to see if the children are in danger in the home. Assault is a complex charge that can actually be given to a person even in cases where no physical injury is incurred by the victim. Cases where an alleged perpetrator does something that makes the victim believe that injury or harm will be soon inflicted on them, such as a threat, can also constitute as assault in some cases, even when the attacker is joking. It is important to retain legal services right away if you have been charged with assault; you may be facing serious criminal charges and consequences.

These crimes are considered to be domestic violence when committed against:

  • Spouse or former spouse
  • Persons residing or having resided in the same household
  • Persons having a child in common
  • A party who is pregnant by the other party
  • Parent, grandparent, grandchild, stepchild, brother or sister
  • A child who resides or has resided in the same household.

Why am I being charged twice?

In Phoenix, "Domestic Violence" is not itself a criminal offense. Rather, it is a designation that is applied to limited existing criminal offenses such as assault, disorderly conduct and interfering with judicial proceedings. An offense qualifies for a domestic violence designation when the relationship between the person accused and the alleged victim meets one or more of the requirements set forth in Arizona Revised Statute 13-3601:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

If a person is convicted of an offense which has been designated a Domestic Violence crime, there are potential additional penalties and collateral consequences that may imposed. Moreover, if a person is convicted or commits three or more domestic violence offenses within 84 months, the offense can be charged as felony Aggravated Domestic Violence, even if the offense would otherwise only be a misdemeanor.

Charged with Domestic Violence in Phoenix? Attorney Joshua S. Davidson can help

In the state of Arizona, domestic violence charges are very serious. New policies have been developed by law enforcement over the past few years and the court system has carried out extreme changes when it comes to domestic violence. Prosecuting attorneys have also been working hard to enforce new and existing domestic violence laws, and as a result you can be charged with domestic violence even if the victim refuses to prosecute.

Due to the recent policy changes regarding domestic violence, the consequences of being charged with domestic violence are increasing in severity. If domestic violence was committed in the presence of a child, harsher penalties could result. In this case, domestic violence could be considered to have “aggravating circumstances,” resulting in a harsher criminal penalty such as longer jail or prison time or an increased fine. With so much at stake, it is highly recommended that you consult with an experienced Domestic Violence Attorney if you or a loved one is facing charges.

Attorney Defending Domestic Assault, Abuse & Threat Charges in Phoenix, Arizona

As a Phoenix domestic violence attorney familiar with domestic violence and the Arizona laws pertaining to domestic violence, Joshua S. Davidson urges you not to attempt to handle these charges on your own. If you try to make any contact with the victim in violation of your conditions of release or order of protection, additional charges against you could result. If you have been charged with domestic violence, your freedom could be at stake. You need a lawyer who has experience with domestic violence crimes to make sure your case is handled properly.

Contact Joshua S. Davidson. He handles domestic violence cases in Scottsdale, Phoenix, Glendale and Tempe.

  • Get To Know Phoenix Attorney Joshua S. Davidson

    As an award-winning and highly successful criminal defense attorney, you can be confident in his ability to successfully resolve your case next.

  • Put a Former Prosecutor in Your Corner

    You deserve to receive the best possible defense. Our lead attorney can give you the upper hand in court. Put his extensive experience to work for you.

  • Get Your Questions Answered By Our Attorney

    We understand that you have many questions at this time and will do everything within our power to help you obtain peace of mind.