By Josh Hamilton on
The Law Office of Hernandez | Hamilton | Lamoureux is dedicated to providing comprehensive criminal defense, particularly concerning domestic violence cases in Arizona. The attorneys at our criminal defense law firm understand the complexities of Arizona Domestic Violence Laws (ARS 13-3601) and are committed to offering robust legal representation for each case. Here, we’ll provide an in-depth explanation of ARS 13-3601, the legal processes involved in criminal cases, and how we can assist those accused of domestic violence.
We offer legal representation throughout Arizona, covering both state and federal courts, as well as across the nation. Our team boasts over 90 years of combined experience in criminal defense, appearing in courts across all 15 Arizona counties, including Pima, Maricopa, and Pinal counties.
We also handle federal cases nationwide, with experience in cities such as Chicago, Detroit, St. Louis, Tulsa, Nashville, El Paso, and Amarillo—among others. To date, we have represented clients in 20 different states.
If you or someone you care about is facing domestic violence charges, it’s essential to have a criminal defense lawyer who can protect your rights. Every decision in this process can significantly impact the case’s outcome. The seasoned attorneys at the Law Office of Hernandez | Hamilton | Lamoureux are ready to provide strategic advice and robust defense to navigate these challenges.
Understanding Arizona Domestic Violence Laws (ARS 13-3601)
Definition and Scope
Arizona Revised Statutes (ARS) 13-3601 defines domestic violence as any criminal act committed by one family member living in the same household as the other. This includes spouses, former spouses, individuals who are or were residing together such as a brother-in-law, sister-in-law, or parent-in-law, individuals who have a child in common, and those in a romantic or sexual relationship.
The statute covers a wide range of offenses, including physical assault, emotional abuse, harassment, stalking, and more.
Types of Domestic Violence Offenses Covered
Under ARS 13-3601, domestic violence encompasses various offenses such as:
- Assault and aggravated assault
- Threatening or intimidating
- Kidnapping
- Criminal damage
- Disorderly conduct
- Interference with judicial proceedings
- Custodial interference
- Harassment and stalking
Legal Consequences of Domestic Violence in Arizona
Penalties and Fines
The penalties for domestic violence offenses in Arizona can be severe and vary depending on the nature and severity of the crime. They may include:
- Jail or prison time
- Fines and court fees
- Mandatory counseling or anger management programs
- Community service
- Probation
The Long-Term Impact of Domestic Violence Charges On Your Life
A domestic violence conviction can have long-lasting effects on an individual’s life. It can result in a permanent criminal record, which may impact employment opportunities, housing options, and personal relationships. Additionally, individuals may face restrictions on firearm ownership and challenges securing child custody or visitation rights.
Legal Processes Involved in Domestic Violence Cases
Arrest Procedures
When law enforcement responds to a domestic violence call, they will assess the situation and may arrest the alleged offender if there is probable cause to believe a crime has been committed. The arrested individual will be taken into custody and may be required to post bail to be released pending trial.
Court Hearings and Trial Expectations
After an arrest, the accused will go through several court hearings, including an arraignment, pre-trial conferences, and possibly a trial. During these proceedings, evidence will be presented, and both the prosecution and defense will have the opportunity to argue their case. It’s crucial to have skilled legal representation to navigate these complex proceedings effectively.
Post-conviction Implications
If convicted, the individual may face various post-conviction implications, such as probation requirements, mandatory counseling, and potential difficulties in expunging the conviction from their record. Understanding these implications and seeking legal advice is essential for managing life after a conviction.
Defensive Strategies and Legal Guidance Provided by Hernandez | Hamilton | Lamoureux
Building a Strong Defense
When you hire a domestic violence attorney from the Law Office of Hernandez | Hamilton | Lamoureux, they will thoroughly investigate your case, gather evidence, interview witnesses, and identify any inconsistencies in what the prosecution is presenting. Our goal is to challenge the evidence presented and create reasonable doubt.
Reducing Charges or Penalties
In some cases, it may be possible to negotiate with the prosecution to reduce the charges or penalties. This could involve plea bargaining or presenting mitigating factors that may influence the outcome of the case. Our attorneys are skilled negotiators who strive to achieve the best possible outcome for our clients.
Understanding Rights and Legal Options as an Accused
It’s vital for individuals accused of domestic violence to understand their rights and legal options. Our firm provides comprehensive legal guidance, ensuring that our clients are fully informed about their cases, the potential consequences, and the strategies available to them. We are committed to protecting our clients’ rights throughout the legal process.
What It’s Like to Work With Us
We pride ourselves on providing exceptional legal representation and personalized service to each of our clients. Our domestic violence defense team is dedicated to understanding the unique circumstances of your case and crafting a defense strategy tailored to your needs. Here’s what some of our clients have to say about their experiences working with us:
“Before hiring Josh Hamilton, thorough due diligence was done on my end to find the best criminal defense attorney Tucson had to offer. After vetting 10+ different high-level criminal defense attorneys, I would ask each for a referral of the best criminal defense attorneys in Tucson in their experience and one thing became very apparent, they all said Josh Hamilton was a force to reckon with. I met with Josh and made the decision to work with him, his reputation wasn’t hype. He did incredible work on my case and materialized the best possible outcome I could’ve hoped and prayed for. My own reputation and future have now been secured by working with Josh and his team. I would recommend him without a second’s hesitation to anyone in need of his services. Thank you, Josh, for all your amazing work.” – Ryan Neilhart
“Josh Hamilton did a wonderful job representing me in my case. I was accused of some very serious charges and if I was convicted, I would have gone to prison for a very long time and my life would’ve been ruined. Josh believed in my innocence, fought my case hard, and won motion after motion he filed in court. He was great with the judge. The judge granted the motions Josh filed and in the end, the case was dismissed. I cannot thank Josh and his team enough for the work that they did to prove my innocence and set me free. Words cannot express how thankful I am. He is one of the very best lawyers in Arizona, bar none.” – Anonymous
How Our Law Firm Can Help Fight Domestic Violence Charges
Initial Consultation and Case Evaluation
The first step in defending against a domestic violence charge is to schedule an initial consultation with our experienced attorneys. During this consultation, we will evaluate the details of the case, discuss potential defense strategies, and provide an honest assessment of the situation. This initial meeting is crucial for building a strong defense.
Steps to Take After Being Accused of Domestic Violence
If you have been accused of domestic violence, it’s essential to take immediate action to protect your rights. Here are some steps to consider:
- Contact an Attorney: Seek legal representation as soon as possible to ensure your rights are protected.
- Avoid Contact with the Alleged Victim: Refrain from contacting the alleged victim to avoid further complications.
- Document Everything: Keep detailed records of any interactions or incidents related to the case.
- Follow Legal Advice: Adhere to the guidance provided by your attorney to strengthen your defense.
If You’ve Been Charged With Domestic Violence, Contact Our Criminal Defense Firm Today
The Law Office of Hernandez | Hamilton | Lamoureux is here to provide the legal support you need. Our attorneys are available to assist you with your domestic violence case and offer the expertise required to navigate the complexities of Arizona’s legal system. Contact us 24/7 at 520-882-8823 to schedule a consultation and take the first step toward protecting your future.
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