Arizona intends to take a strong stand against any potential violence in family, parental, or romantic relationships. However, the breadth of these charges can sometimes lead to instances of overcharging and false accusations in areas like Phoenix.
False accusations can be derived from many sources. An alleged victim might lie or exaggerate the truth of their incident; a police officer may misunderstand a situation or deliberately embellish their report, and a prosecutor might overcharge based on flimsy evidence.
Regardless of how they are brought against you, our Phoenix domestic violence defense attorneys at Orent Law Offices are here to guide you through what to do when you have been falsely accused of domestic violence charges.
Contact our criminal defense law firm for a free consultation with a Phoenix domestic violence lawyer. The steps you take now significantly impact your future and freedom, call us today at (480) 656-7301.
For more than a decade, Orent Law Offices has defended the rights of those accused of crimes in Phoenix, Arizona. Our founding attorney, Craig Orent, has over 34 years of experience, including work in the Riverside County District Attorney’s Office.
As a Phoenix criminal defense attorney, he uses that experience to fight for a fair process and outcome by providing clients facing criminal charges with the following services:
Domestic violence charges can affect many aspects of your life, including your freedom. Do not hesitate to contact Orent Law Offices to schedule a free consultation to discuss your charges and the defenses we can raise against them.
Arizona’s domestic violence statute defines domestic violence as one of 27 different crimes that occur between an alleged perpetrator and victim.
The following crimes may qualify as instances of domestic violence in Arizona:
To specifically qualify as domestic violence, the alleged victim and perpetrator must be in one of the following relationships:
Domestic violence accusations can flow in either direction in these relationships. Thus, a child can accuse a parent of domestic violence, while a parent can also accuse a child of a violation.
The punishments for domestic violence are the same as those for the underlying crime. Thus, if the charge is for an assault that resulted in physical injury, the offense is a class 1 misdemeanor with a sentence of up to six months in jail.
Arizona statutes also include a provision for sentencing enhancement. If the victim was pregnant at the time of the offense, the judge can use the pregnancy as a factor in sentencing.
For felonies, the court can add up to two years to the offender’s sentence. If a domestic violence charge involved a sexual assault, the maximum sentence would be 14 years in prison. But if the court determined that the victim was pregnant and the offender knew it, the judge could increase the maximum sentence to 16 years.
First and foremost, false accusations do not mean the accused was unaware of the law. In other words, an accusation is not inherently false if the offender did not know stalking their ex-spouse, for instance, was illegal. Instead, false accusations arise when a victim, police officer, or prosecutor accuses you of something you did not do.
The most common defense to these accusations is witness testimony to refute the accusation. Suppose your spouse accused you of slapping the phone out of their hand at a restaurant. Servers or other customers could testify that it did not happen.
Another defense to false accusations is to impeach the victim’s testimony. Their story might be inconsistent with their prior testimony or the physical evidence. For example, you might show photos after the alleged offense that show the victim has no bruises.
If the false accusation involves sexual assault, consent might be a valid defense. Again, though, you may need witnesses or physical evidence to prove it.
You may also have a case for self-defense in assault or homicide cases. Arizona has robust self-defense laws allowing force to defend yourself, others, or even your property.
Being hit with false domestic violence charges can ruin your life. Contact Orent Law Offices for a free consultation to discuss your charges and the defenses we can present on your behalf.
