What are domestic violence laws in Phoenix, AZ.
Domestic Violence laws in Phoenix, Arizona. Criminal Defense Attorney, Carissa Jakobe, breaks it down.
Domestic violence offenses encompass a wide range of offenses ranging from assault, disorderly conduct, trespass, harassment, and damage to property just to name a few. Even just simple incidents that are charged as misdemeanors. Literally, almost any offense can have the domestic violence tag attached to it. The reason why the law decides that some Violent Crimes offenses are “domestic violence” is solely due to the relationship status between the parties. This is not limited to marital spouses or unmarried couples. It extended to all family members (brothers, sisters, aunts, uncles, etc). Widening the sweep of this law, it even extends to roommates living in the same house.
Domestic violence (“DV”) offenses start off as simple offenses but just due to the sole nature of the relationship of the parties, a domestic violence conviction leads to a mandatory loss of one’s right to bear arms, i.e carry a gun. This is a federal mandate in which the states follow. It does not even have to be a violent offense between the two parties, so long as the offense has that domestic violence tag, or enhancement. Therefore, a conviction for a domestic violence offense triggers one’s loss of their gun rights and he or she is now a prohibited possessor. Possessing a gun while a prohibited possessor is a class 4 felony.
A domestic violence conviction also triggers mandatory domestic violence anger management counseling, and if there’s a second domestic violence conviction within a certain period of time, it may require mandatory jail time. Pick up a third DV conviction within a certain period of time and the government can charge you with Aggravated Domestic Violence, which is a class 5 felony. Offenses classified as felonies may carry prison time depending on a number of individual factors, but jail is usually part of the punishment.
Most Domestic Violence offenses begin with a simple argument that turns heated. Maybe someone throws something out of anger; another person punches the wall – damaging their *own* property – throws or breaks a cell phone. There’s shouting and a neighbor overhears and the police are called. Both parties are interviewed but usually, only one is taken to jail and charged with a crime. After tempers have calmed down, and anger has subsided as most situations do, usually the victim in the situation does not want to press charges and even communicates that to the State.
Does the state need a victims consent to press domestic violence charges?
Contrary to popular belief the State does not need a victim’s permission to press charges. The State can proceed without the victim’s permission, and even goes so far – and does so on a regular basis – by placing the victim under subpoena in order to force them to testify against the person charged. It is also not uncommon for the State to threaten a victim with false reporting to a law enforcement officer, perjury or other related charges if a victim recants his or her statement and does not wish to cooperate. When this happens, the victim retains counsel because he or she is now being re-victimized by government bullying.
In short, a family or couple’s squabble can easily turn into a situation that becomes blown out of proportion by the State depending on the individual facts of the case. Most importantly, there are always two sides to the story.
http:www.mendozajakobelaw.com or call 602.374.5726