If you are arrested for a domestic violence crime, it is essential that you hire a good and competent Domestic Violence lawyer in Phoenix Arizona who can help you navigate the complexities of this charge and fight to protect your rights. The consequences of a conviction can be life-changing, including loss of civil rights, jail time, a criminal record, and fines.
The best domestic violence lawyer in Phoenix Arizona will be one who has a successful track record of representing clients in this type of case and is ready to take your charges to trial when necessary. They should have the requisite experience to defend both misdemeanor and felony charges of domestic violence, and they should be willing to pursue a favorable resolution for you at all stages of the legal process.
Defendants are often accused of domestic violence for reasons other than what actually occurred, such as an attempt to sway the outcome of a divorce or child custody battle. A false allegation is not uncommon, and can be made by an angry, vengeful partner.
There are many defenses you can use to fight your domestic violence charges, but the most important is a strong defense that demonstrates that you are not guilty of the crime in question. Some of the most common domestic violence defenses include self-defense, lack of evidence, and lack of intent or recklessness.
Self-Defense: This defense argues that you acted in response to someone’s threat or physical attack. Depending on the circumstances, this can be a good defense for domestic violence cases that involve physical aggression from both parties.
Lack of Evidence: This is a defense that claims that the state does not have enough evidence to prove that you committed the offense beyond a reasonable doubt, or that you are of the required mental state to commit the crime in question. This can be a very effective strategy when you have a lot of witnesses, such as a 911 call or other evidence.
Negative Incongruences: The prosecution will be attempting to establish that you are guilty of the crime, but this can be difficult to do. There are many ways to discredit the other party’s claim, such as exposing factual inconsistencies or exposing their motive for lying.
Defendants are also entitled to a defense that involves the alleged victim’s alibi or their affidavit, and that you were not at the scene of the crime. Proving that you were not there will be extremely helpful in proving your defense.
False Allegations: The allegations against you may be patently false, and your attorney must find as much proof as possible to discredit the accuser’s story. This can include a thorough review of the accuser’s statements and any other communications they have with their alleged victim.
Restrictive Orders for Protection: Often, a restrictive order is the result of a domestic dispute, and it can have serious consequences. A restrictive order can prevent you from seeing your children, restrict your co-parenting rights, or even prohibit you from possessing firearms.