Domestic Violence (DV) is not a charge by itself. It is an allegation added to a charge. A charge of assault becomes Domestic Violence based on the relationship between the victim and the defendant.
The law in Arizona has created a wide range of cases that could include a Domestic Violence allegation. Family members, anyone attached romantically, people with children together, or anyone who lives together may be charged with Domestic Violence. A situation where two roommates with no romantic connection get into an argument can be charged as Domestic Violence.
When a case is charged as Domestic Violence the minimum penalty is increased. At a minimum the Defendant who is found guilty of a DV charge will have to complete a 26 week Domestic Violence class. Subsequent offenses are dealt with much more harshly than if they were not Domestic Violence cases.
In addition to the mandatory minimum sentence a person convicted of a Domestic Violence offense will lose his or her gun rights under a law called "the Lautenberg Amendment." The biggest issue with this law is that as of today there is no process to have those rights restored.
When a person is charged with a Domestic Violence offense having an attorney can save them from months of classes and the loss of fundamental rights.
I have handled hundreds of Domestic Violence cases. I have had countless charges dismissed or taken the case to trial and had my client found not guilty. Domestic Violence cases cary lifelong consequences that the State will not warn you about. If you face an allegation of Domestic Violence call my office today.
Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.
Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car.