Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1203 "Assault," or per A.R.S. §13-3601 "Domestic Violence Assault" occurs when a person either intentionally, knowingly or recklessly causes any physical injury to another person; or knowingly touches another person with the intent to injure, insult or provoke; or intentionally places another person in reasonable apprehension of eminent physical injury. Normally, any type of red mark or scratch can qualify as an "injury". If the Assault involves two (2) people who live together, or who are somehow related then this is what is known as "Domestic Violence". The Domestic Violence designation carries some serious ramifications in addition to the standard punishment. For instance, you can no longer carry a firearm if a Domestic Violence conviction is on your record. This could cost a police officer, security guard, or military person their job.
Most misdemeanor Assaults are charged as a class one (1) misdemeanor, however, sometimes they are charged at the lower levels of class two (2) and three (3) misdemeanors. A class one (1) misdemeanor carries maximum punishment of six (6) months in jail, a $2500.00 fine, with an 80% surcharge, and up to three (3) years probation (which can included classes and counseling). The real punishment attached to a Domestic Violence conviction is the fact that it can be used against you in the future in a Child Custody/ Divorce proceeding. In other words, this could cost a person the right to have visitation with their children. In addition, during background checks, most potential employers will not hire someone with an Assault or Domestic Violence conviction on their record. It goes without saying, a second or subsequent conviction for Assault or Domestic Violence Assault carries very serious ramifications.
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 Law Group - www.cantorsimonlawgroup.com/
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Tempe, Arizona 85282
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