Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3601.02 "Aggravated Domestic Violence" occurs when a person is convicted of a third or subsequent misdemeanor violation of the Domestic Violence section per A.R.S. §13-3601 within the previous five (5) years.
Aggravated Domestic Violence is a class five (5) felony. If a person has two (2) prior misdemeanor convictions for Domestic Violence within the last five (5) years, then this new conviction would be designated as "Aggravated" and could carry punishment of anywhere from probation with four (4) months minimum in jail up to one (1) year in jail; or prison of six (6) months minimum to two and one half (2.5) years maximum of incarceration.
If a person has three (3) prior misdemeanor convictions for Domestic Violence under A.R.S. §1313-3601 within the previous five (5) years, then the range of punishment is probation with a minimum eight (8) months in jail up to one (1) year in jail; or prison of six (6) months minimum up to two and one half (2.5) years of incarceration.
If the person has one (1) allegeable historical prior felony conviction, then the range of punishment is "prison only" with a minimum of one (1) year to a maximum of three and three quarters (3.75) years of incarceration. If a person has two (2) allegeable historical prior felony convictions, then the "prison only"range is a minimum of three (3) years to a maximum of seven and one half (7.5) years of incarceration.
The defenses for Aggravated Domestic Violence are the same defenses that are utilized for misdemeanor Domestic Violence. The most common defense utilized with regard to Assault or Domestic Violence Assault is "Self Defense" or "Justification". In most assault situations, the alleged "victim" will often be the one who makes the first aggressive movement towards the person who has been charged. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol, and then attempts to push you or grab you, if you simply pull away they may lose their balance and injure themselves. You now automatically become the prime suspect because you were not injured, but they were.
The key to defending these cases will depend on eye-witness testimony (be it independent witnesses or the alleged victim's best friend); physical evidence analysis; the attempt to seek out and find other witnesses not listed in the police report; the search for any potential security video cameras which may have been present at or near the scene (i.e., security cameras which are located at all Wal-Marts and gas station parking lots), and things of this nature. In addition, many times the alleged victim will want the "charges to be dropped". Unfortunately, the State is the one bringing the charges, and not the alleged victim. The State can force the alleged victim to appear and testify against you if they so desire. When we are involved in a case, if there is a "recalcitrant witness", we can most often convince the Prosecutor to either dismiss the charges or plead the case to a non-Domestic Violence charge (i.e., Disturbing the Peace).
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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