How to Mount a Successful Defense Against Domestic Violence Charges in Arizona
Introduction
Domestic violence is taken seriously in Arizona, and when you are charged with domestic violence, immediately you will be treated like a criminal. Domestic violence is defined as physical harm caused to another person in the context of a romantic relationship, household, or family. Whether or not you are guilty of the crime, you will need a strong and experienced criminal defense attorney to help you fight the charges and protect your rights.
Understanding Domestic Violence Charges in Arizona
Being charged with domestic violence in Arizona can be overwhelming and intimidating. The prosecutor has a strong case, or so they say. They also have the advantage of having the alleged victim's cooperation on their side. One of the challenges that come with domestic violence charges is that the prosecutor can pursue charges even when the alleged victim changes their mind or doesn't want to press charges. Arizona is a mandatory arrest and prosecution state, meaning once they get involved, you have very little control over what happens next.
Mounting a Successful Defense Against Domestic Violence Charges in Arizona
When you are charged with domestic violence, the first thing you should do is seek legal representation. You will need an experienced criminal defense attorney who has dealt with domestic violence cases in the past. A good defense attorney will help you understand what the charges entail and explain the defenses available to you. Here are some strategies that your attorney may use to defend you against domestic violence charges in Arizona.
Self-defense
If you were defending yourself during an altercation, you may have a valid self-defense claim. Under Arizona law, if you believe that your life was in danger and you used force to defend yourself, then you may not be guilty of domestic violence. This means that your attorney will have to show that you used reasonable force to protect yourself.
Falsely accused
In some cases, a spouse or partner may falsely accuse you of domestic violence. This could be due to emotional distress, a desire to gain control over a situation, or even revenge. Your attorney will thoroughly investigate the alleged incident, gather evidence and witness statements to prove that you did not commit the crime.
Lack of Evidence
In many domestic violence cases, there is no physical evidence. This means that the prosecutor's case relies heavily on witness testimony. Your attorney can challenge the credibility of the prosecution's testimony, particularly if the witness has a history of lying or has an ulterior motive for testifying.
Victim Cooperation
The prosecutor in a domestic violence case heavily leans on the cooperation of the alleged victim. If the victim is not willing to cooperate or testify in court, then the prosecutor's case may fall apart. If the victim is unwilling to testify, your attorney can file a motion to dismiss, arguing that the state does not have sufficient evidence to proceed with the case.
Constitutional Challenges
Your attorney may challenge the constitutionality of the arrest, search, or seizure that led to the evidence against you. If they determine that any or all of these actions violated your constitutional rights, then they may file a motion to suppress this evidence, which could result in the case being dismissed.
Plea Bargaining
In some cases, it may not be possible to win the case outright. The best strategy may be to negotiate a plea deal with the prosecution. This can be a less risky option as it saves you from the long and stressful legal process, and the outcome may be more favorable.
Conclusion
Domestic violence charges in Arizona are serious, and they can have long-lasting consequences. That's why you need an experienced defense team on your side to help you fight the charges and ensure that your rights are protected. It is essential to remember that just because you are charged with domestic violence, it doesn't automatically mean that you are guilty, and fighting the charges is your right.
If you need help fighting domestic violence charges in Arizona, contact the team at Colburn Hintze Maletta. They have the expertise and experience you need to mount a successful defense. Book your free and confidential initial consultation today.
Defense Strategies for Domestic Violence Charges in AZ-Domestic,Legal
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