Top Eloy, AZ Domestic Violence - Criminal Lawyers Near You
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3260 N. Hayden Rd., Suite 210, Scottsdale, AZ 85251
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The Law Office of Vincent Mattioli, PLC has experience helping clients with their Domestic Violence - Criminal needs in Eloy, Arizona.
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1820 E Ray Road, Suite A201 D, Chandler, AZ 85225
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Ciccarelli Law Offices has experience helping clients with their Domestic Violence - Criminal needs in Eloy, Arizona.
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4015 S McClintock Dr, Suite 101, Tempe, AZ 85282
In Eloy, Arizona, Law Offices of Craig W. Penrod, P.C., a local practice, helps clients with their Domestic Violence - Criminal problem.
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40 N Central Ave, Suite 2300, Phoenix, AZ 85004
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Those confronted with Domestic Violence - Criminal issues can connect with DM Cantor. This practice offers legal help to clients in the Eloy, Arizona area.
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2601 North 3rd Street, Suite 301, Phoenix, AZ 85004
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If you need Domestic Violence - Criminal help in Arizona, contact The Law Office of Joshua A. Lopez, LLC, a local practice in Eloy, for legal representation.
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11201 N Tatum Blvd, Suite 300, Phoenix, AZ 85028
One East Washington Street, Suite 2400, Phoenix, AZ 85004
714 N. 3rd St., Suite 4, Phoenix, AZ 85004
8585 East Hartford Drive, Suite 700, Scottsdale, AZ 85255
8800 East Raintree Drive, Suite 100, Scottsdale, AZ 85260
2025 N. 3rd Street, Suite 157, Phoenix, AZ 85004
4201 N 24th St, Suite 200, Phoenix, AZ 85016
1747 E. Morten Ave., Suite 205, Phoenix, AZ 85020
111 W Monroe Avenue, Suite 1400, Phoenix, AZ 85003
2929 East Camelback Road, Suite 224, Phoenix, AZ 85016
17505 N. 79th Avenue, Suite 315, Glendale, AZ 85308
2231 E Camelback Rd, Suite 200, Phoenix, AZ 85016
1400 East Southern Avenue, Suite 400, Tempe, AZ 85282
3185 S. Price Rd., Chandler, AZ 85248
4455 E Camelback Rd, Suite C250, Phoenix, AZ 85018
3850 E. Baseline Rd., Suite 111, Mesa, AZ 85206
1641 Osborn Rd, Suite 8A, Phoenix, AZ 85016
8700 E Via de Ventura, Suite 210, Scottsdale, AZ 85258
7322 E. Thomas Road, Scottsdale, AZ 85251
2325 E Camelback Rd, Suite 700, Phoenix, AZ 85016
Eloy Domestic Violence - Criminal Information
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What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in Arizona?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.