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Domestic Violence Lawyer Tucson

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Domestic Violence

The legal term “domestic violence” refers to acts of violence or abuse that occur within a domestic relationship (i.e., husband/wife, boyfriend/girlfriend, parent/child, etc.) Examples of domestic violence in Arizona include assault, battery, disorderly conduct, harassment, unwanted sexual or physical contact, stalking, and other criminal charges that may fall into this broad category.

Domestic violence charges in Arizona are taken very seriously and a conviction may result in long-lasting consequences. Convictions will be placed on your permanent criminal record and can prevent you from obtaining employment, possessing or carrying a gun, renting a house or apartment, getting approved for a loan like a home mortgage, and obtaining professional licensure (i.e., nursing license, etc.).  A person could also face serious penalties such as jail time, probation, prison, mandatory counseling, and fines.  

It is strongly recommended to seek out an experienced attorney if you are facing domestic violence charges in Pima County or anywhere throughout Arizona.  Domestic violence cases are not to be taken lightly. It is only smart to seek the best counsel to help fight the charges against you.  Contact the law firm of Hernandez | Hamilton | Lamoureux today for free legal consultation.  

Arizona Domestic Violence Law

The Arizona legislature has codified the state’s domestic violence law in A.R.S. 13-3601.  Accordingly, it defines the type of relationships that can be classified in domestic violence cases.  In particular, DV can occur among people that live in the same household, in addition to family members, or past or present sexual partners, etc..  According to A.R.S. 13-3601, the relationships that can be classified as domestic violence are as follows:

  • The victim and the defendant are married or were married.
  • The victim and the defendant live in the same household or used to live in the same household.
  • The victim and the defendant have a child together.
  • The victim is related to the defendant or the defendant’s spouse by blood or court order. 
  • The victim is a child who resides or has resided in the same household as the defendant. They are related by blood to a former spouse of the defendant or a person who resides or has resided in the same household as the defendant.
  • The relationship between the victim and the defendant is currently or was previously romantic or sexual.

If you have questions regarding your domestic violence case, contact Hernandez | Hamilton | Lamoureux today.

Domestic Violence Charges Tucson

Due to the profound impact of domestic violence on families and the surrounding community, Tucson, as well as the rest of Arizona, takes these charges very seriously. Domestic violence charges encompass a wide variety of offenses that occur between individuals in a close relationship. 

Charges faced due to an offense between an adult and a child are typically more severe because of the justice system’s desire to protect individuals who need more protection and support. This heightened level of support is due in part to the vulnerability of children and the significant long-term effects that abuse can have on their development and well-being. 

Standard domestic violence charges include physical assault, which involves causing bodily harm or apprehension of harm to another person. This can range from severe life-threatening injuries to minor injuries. Charges may also be related to emotional or psychological abuse, such as intimidation, threats, or harassment, which may not result in physical harm to the victim but can result in severe psychological effects.

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Sexual assault is another form of domestic violence, which is where one partner forces or coerces another into unwanted sexual activity. This charge is severe and carries heavy penalties. Stalking is another charge often seen in domestic violence cases, where one person repeatedly follows, monitors, or contacts another, which can cause severe fear and distress. 

Financial control, or economic abuse, is also a recognized form of domestic violence. This occurs when one person controls their partner’s access to money, resources, or employment. Property damage and restraining order violations are additional charges. Damaging property that belongs to the victim or violating a court-ordered restraining order are serious offenses that can lead to significant legal consequences. 

What is a Domestic Violence Court?

In 2012, Pima County Attorney’s Office (“PCAO”) created the Domestic Violence Court. In the time since, DV courts have been established all over Arizona, and even in other areas of the United States.  In Pima County, the Domestic Violence Court program adjudicates misdemeanor domestic abuse cases in the Pima County Consolidated Justice Court. This court handles serious and repeat misdemeanor offenders charged with domestic violence.  Felony matters are handled in Superior Court, and are prosecuted by specialized felony prosecutors who focus on DV cases.

Domestic Violence Diversion Program

The domestic violence diversion program is a wonderful opportunity for first-time offenders to avoid criminal charges by participating in domestic violence counseling. Counseling informs defendants of alternative methods of managing and understanding the behavior that led to them being charged with domestic violence. When a defendant successfully completes the diversion program requirements, they receive a complete dismissal of their charges and will avoid going to trial.  Diversion is most often offered by prosecutors in misdemeanor cases, and only for first time offenders in less-serious DV incidents.  However, a skilled attorney may be able to negotiate a diversion offer in felony cases or for repeat offenders, etc.

The Arizona Domestic Violence Diversion Programs are operated by the prosecutor’s offices. A judge cannot force a prosecutor to allow a defendant to go through the program.  Whether to offer diversion is purely up to the prosecutor.  The prosecutor will consider many factors on whether or not to offer diversion to a defendant. A domestic violence criminal defense attorney will work to convince the prosecutor that a client qualifies for the diversion program.  Contact The Law Office of Hernandez | Hamilton | Lamoureux today to see if your case could qualify for the diversion program.

Penalties for Domestic Violence Charges in Arizona

In Arizona, Domestic Violence offenses are punished to the extent the law allows.  A conviction can have a significant negative impact on your life.  Domestic violence offenses are charges which can be classified as misdemeanors or felonies. The amount of jail time, probation, prison, and/or fines will vary depending on which crime you are charged with and which charges (if any) you are ultimately convicted of. Misdemeanors are less severe than felony charges, but a DV misdemeanor is still very serious.

Misdemeanors Domestic Violence Penalties

Misdemeanors in Arizona are classified into classes of class 1, class 2, and class 3, with class 1 being the most serious and class 3 being the least serious. The type of class will affect the type of penalty an offender will receive.  

Maximum Jail Sentences

Class 1 Misdemeanor = 6 months

Class 2 Misdemeanor = 4 months

Class 3 Misdemeanor = 30 days

Maximum Fines

The maximum fines for misdemeanors are as follows:

Class 1 Misdemeanor = $2,500

Class 2 Misdemeanor = $750

Class 3 Misdemeanor = $500

Maximum probation sentences

Maximum misdemeanor probation sentences are as follows:

Class 1 Misdemeanor = 3 years probation

Class 2 Misdemeanor = 2 years probation

Class 3 Misdemeanor = 1 year probation

Felony Domestic Violence Penalties

In the state of Arizona, if a person is convicted of more than two misdemeanor domestic violence charges within a seven-year (84 month) period, they can face charges of Aggravated Domestic Violence for the third or subsequent offense.  Aggravated Domestic Violence is classified as a Class 5 felony and could come with up to 2.5 years in prison, even for a first time felony offender. The point is: Arizona law takes DV offenses very seriously.  The penalties for DV offenders, particularly repeat offenders, can be severe.  If you have multiple domestic violence charges against you, it is crucial for you to contact Hernandez | Hamilton | Lamoureux today to determine your domestic violence offenses, and what options might be available to you to fight your case to the full extent of the law.

Domestic Violence Statistics

§The statistics for domestic violence in the United States are shocking.  The Centers for Disease Control and Prevention reports that one in five women and one in seven men report having been victims of severe physical violence from an intimate partner at least once in their lifetimes. When it comes to sexual violence in a domestic setting, approximately 20% of women and 8.3% of men report having been victims.

Tucson Domestic Violence Charges

Under Arizona Revised Statutes (ARS) § 13-3601, a domestic violence charge covers a wide range of actions, including assault, assault with weapons or severe injury, sexual assault, stalking, trespassing, and emotional and psychological abuse (like isolating the victim from friends and family).

The spouse is not the only one who the law protects in these cases; it extends to anyone you have ever lived with, blood relatives, and any past or current romantic partners.

Tucson Domestic Violence Defenses 

If you are accused of mistreating a partner or a family member, you are not required to prove you are innocent. It is the prosecutor’s job to prove you are guilty. If they fail to convince the court and establish your guilt “beyond a reasonable doubt,” you cannot be convicted.

Your attorney at the Law Office of Hernandez | Hamilton | Lamoureux will create that “reasonable doubt” into the minds of the judge or jury by, say, showing inconsistencies in the accuser’s story or pointing out flaws in the police investigation.

Our potential defense strategies include using an “affirmative defense”, where we argue that you had a valid reason (self-defense or defense of others); or a “justification defense” which includes defense of others, defense of property, and defense of premises.

Frequently Asked Questions

People often ask our criminal defense lawyers these questions.

If I’m still in a relationship with the victim, can I talk to them about the case?

Most lawyers will advise you not to talk about the case. Your actions may meet the legal definition of witness tampering or obstruction of justice, which is a new crime.  In many cases, victims are encouraged to get a protective order against the offender.   It is also common for persons charged with DV offenses to be prohibited from contacting the victim as a condition of release.  You should avoid all contact with a victim in any criminal case unless and until you have had a chance to talk to an attorney beforehand.  The law in Arizona is extremely punitive and talking to a victim, or even attempting to talk to a victim can have catastrophic impacts on your case.

How long does a restraining order in AZ last?

In the State of Arizona, a protective order generally lasts for one year from the time that the respondent is served. However, the Arizona Legislature recently amended the law in this area and, as of 2023, some orders will remain in effect for 2 years from the time that the respondent is served.  Contacting someone who has obtained such an order against you can result in criminal charges being filed against you, including interference with judicial proceedings and aggravated harrassment.  

Can my alleged victim drop my charges?

No. In Arizona, it is the state and not the alleged victim that decides whether or not to drop charges.  Even if the victim does not cooperate with the case, the state may still file charges against you, and refuse to dismiss them.  

Can I own a gun if I’m convicted of a domestic violence offense?

Gun rights is a complicated area of the law.  Generally speaking, anyone convicted of a felony is a prohibited possessor. However, persons convicted of misdemeanor domestic violence offenses may also be prohibited possessors.  Owning a firearm or ammunition after a qualifying domestic violence conviction is a felony crime in and of itself, separate from your original charge.

If you have additional questions about a domestic violence charge in Arizona, contact the experienced law firm of Hernandez | Hamilton | Lamoureux

Why Is It Important to Hire A Domestic Violence Lawyer?

A domestic violence conviction can take away your right to bear arms, make it difficult to obtain employment, interfere with professional licensing, and prevent you from renting an apartment. A domestic violence conviction can also impact a divorce or child custody case.  As a conviction can tear apart many facets of your life, it is very important to take any domestic violence offense charges against you very seriously.  Contact an experienced Tucson lawyer as soon as you can.   

What is the APRAIS assessment?

The Arizona Intimate Partner Risk Assessment Instrument System (APRAIS) is a tool used by law enforcement at the scene of domestic violence incidents and is sometimes later used in court. The information gathered by police officers from alleged victims of intimate partner violence is then given to the court and is read at the accused’s initial appearance/bail hearing. 

The court uses this document to decide the terms of your release, such as whether or not you will be released on bail or if the court needs to assign someone to supervise you.

Domestic Violence Attorney Tucson

Due to the consequences of even a misdemeanor domestic violence conviction, you must take your charge(s) seriously and speak with a seasoned domestic violence attorney at the earliest possible opportunity. If you have been charged with a domestic violence offense in Pima County, or anywhere in Arizona, please contact criminal defense attorneys at the Law Office of Hernandez | Hamilton | Lamoureux, PC for a free consultation.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart