Click on the Triangle Icon to Expand Menu.

⭐ 5 Star Rated Best Family Law, Criminal Defense, Personal Injury, and DUI Lawyers in Phoenix

CHM Law Arizona Family Law, Criminal Defense, DUI, and Personal Injury Lawyers

(602) 825-2500
Available 24/7
(se habla español)

Useful Defense Strategies for a Domestic Violence Charge in AZ

– CALL FOR IMMEDIATE HELP (602) 825-2500 –

Domestic violence cases are complex and require careful and strategic defense. The use of various defense strategies can make a significant difference in the outcome of the case. Attorneys at Colburn Hintze and Maletta have extensive experience in defending individuals accused of domestic violence offenses.

They understand the sensitive nature of these cases and are well-versed in the legal strategies that can be used to protect their clients.

In domestic violence cases, defense strategies may include challenging the evidence presented by the prosecution, demonstrating self-defense or defense of others, and questioning the credibility of the accuser. These strategies require a deep understanding of criminal law and the ability to effectively present evidence and arguments in court.

If you or someone you know is facing domestic violence charges, it is essential to seek legal representation from experienced and knowledgeable defense attorneys who can provide effective counsel and advocacy. Contact us to learn more about the defense strategies used in domestic violence cases and how we can help protect your rights and freedoms.

Get Immediate Help from Our Criminal Defense Attorneys.
We are Available to Talk Now.

Or, Continue Reading Below About:

Defense Strategies Used in a Domestic Violence Case

What is Considered Domestic Violence Under Arizona Law

Arizona law categorizes domestic violence not by specific actions but by the relationship between the accused and the victim.

Under Arizona Revised Statutes (ARS) §13-3601, domestic violence can include a wide range of offenses committed against a family member, a household member, or someone in a romantic or sexual relationship with the accused. The law covers physical violence, threats, intimidation, harassment, and other forms of abusive behavior.

main sitting in jail after domestic violence conviction

What are the Penalties for a Domestic Violence Conviction

The penalties for a domestic violence conviction in Arizona are severe and varied, designed to reflect the gravity of the offense and its impact on victims. Under Arizona law, the consequences depend on several factors, including the severity of the offense, the defendant’s criminal history, and whether any aggravating factors are present. 

Severity of the Offense and Criminal History

  • Misdemeanor Charges: For many first-time offenders, domestic violence charges may be classified as misdemeanors, particularly if the incident did not result in serious physical injury. Penalties can include up to six months in jail, fines, probation, community service, and mandatory completion of a domestic violence offender treatment program.
  • Felony Charges: More serious offenses, especially those involving physical injury, the use of a weapon, or a history of similar offenses, may be charged as felonies. Felony convictions carry more severe penalties, including lengthy prison sentences, larger fines, and longer probation periods. For example, under ARS §13-704, aggravated domestic violence (a third or subsequent offense within a seven-year period) is a class 5 felony, which can result in significant prison time.

Additional Legal Consequences

Beyond the immediate penalties, a domestic violence conviction can have lasting impacts on an individual’s life:

  • Loss of Gun Rights: Under federal law, individuals convicted of domestic violence offenses are prohibited from owning or possessing firearms.
  • Impact on Custody and Visitation: Courts may consider domestic violence convictions when making decisions about child custody and visitation rights, often limiting or imposing conditions on the offender’s access to their children.
  • Restraining Orders: Victims of domestic violence may obtain protective orders against the offender, which can restrict their ability to return to their home or contact the victim and other family members.
  • Employment and Housing: Convictions can affect job prospects, especially for positions requiring background checks, and may disqualify individuals from certain types of housing.

Aggravating Factors

Arizona law allows for increased penalties in the presence of aggravating factors, such as committing the offense in the presence of a child, using a deadly weapon, or causing serious physical injury. These factors can elevate the severity of the charge and the harshness of the sentence.

prosecution delivering a victim impact statement

What Strategies Will The Prosecution Use? 

Prosecutors typically rely on evidence of the alleged abuse, including physical evidence, witness testimony, and any history of similar behavior by the accused. They may also use emotional appeals to the jury, emphasizing the impact of the defendant’s actions on the victim and their family.

Effective Defenses in Domestic Violence Cases 

When someone is charged with domestic violence in Arizona, having a strong defense strategy is crucial. Here are some straightforward and practical ways to defend against these charges: 

Questioning the Evidence

  • Finding Holes in the Story: Lawyers often look for inconsistencies in the accuser’s story. If the accuser’s story changes over time or doesn’t match up with the facts, it can make the accusation seem less believable.
  • Lack of Physical Proof: Sometimes, the only evidence is what the accuser says happened. If there are no injuries or other physical evidence to back up their story, a defense lawyer can argue that the accusations might not be true. 


  • Protecting Yourself: If you acted to protect yourself or someone else from immediate harm, this could be a strong defense. Evidence like medical reports or witness statements can help support this argument.

False Accusations

  • Questioning Motives: Unfortunately, false accusations can happen. If there’s a reason the accuser might lie (like jealousy or a custody battle), highlighting this can be a key part of the defense.

Minor Incidents

  • Too Small to Count: If the incident was very minor, it might not meet the legal definition of domestic violence. This argument focuses on the idea that not every argument or minor scuffle should lead to criminal charges.

Proving Doubt

  • Creating Uncertainty: The law requires guilt to be proven beyond a reasonable doubt. If the defense can introduce any uncertainty about what happened, it might be enough to prevent a conviction.

Mitigating Circumstances

  • Understanding the Context: Sometimes, explaining the circumstances, like a defendant’s mental health issues or past experiences with abuse, can affect the outcome. It doesn’t excuse the behavior but might lead to a more understanding approach from the court.

The Importance of a Good Lawyer

Tackling domestic violence charges requires knowledge of the law and a solid defense strategy. An experienced lawyer can make a huge difference by finding the best approach based on the specifics of the case and Arizona law.

concerned women talking to her attorney

What If I’m Facing a False Allegation Of Domestic Violence 

Dealing with false allegations of domestic violence in Arizona demands a strategic and informed response due to the serious consequences these charges carry.

Firstly, gather any evidence that could prove your innocence.

this can include communications, photographs, or witness statements. It’s also important to avoid any contact with the accuser and strictly adhere to any legal orders, like restraining orders, to prevent complicating your situation further.

Seeking the expertise of a defense attorney experienced in domestic violence cases is the next step. They can guide you through the legal process, help gather and present evidence, and represent you in court.

Remember, your rights include remaining silent to ensure you don’t inadvertently harm your defense.

Working closely with your attorney, you’ll need to build a defense that may involve demonstrating the accuser’s lack of credibility, uncovering their motives for lying, or confirming your alibi.

Avoid discussing the case on social media, as any public statements can be used against you.

Despite the challenge of facing false accusations, the burden of proof lies with the prosecution. This means they must prove beyond a reasonable doubt that you’re guilty of the charges. 

What to Do If You’re Facing Domestic Violence Charges

If you’re facing false allegations of domestic violence, taking immediate and strategic actions is crucial to protect your rights and future.

Here are important steps to consider:

Contact an Experienced Criminal Defense Lawyer

At the first hint of accusations, reaching out to a law firm with a strong background in domestic violence defense is critical. An experienced criminal defense attorney understands the complexities of these cases and can provide necessary guidance.Your defense attorney may be able to identify weaknesses in the prosecution’s case and develop a strategy tailored to your situation.

Gather and Preserve Evidence

Evidence is key in disproving false allegations. This includes text messages, emails, social media interactions, and any other communications with the alleged victim. Photographs, videos, and witness statements can also be pivotal. Your domestic violence attorney will advise on what evidence is most relevant and how to collect and present it legally.

Adhere to Legal Orders and Avoid Contact with the Accuser

Following any temporary restraining orders or other legal directives is essential. Any unauthorized contact with the accuser could be used against you in court. Your defense lawyer can handle communications on your behalf, ensuring that you remain compliant with legal requirements.

Develop a Strong Defense Strategy

Common defenses in domestic violence cases include proving the accusations are baseless, demonstrating the alleged victim’s motive to lie, or establishing an alibi. Your domestic violence defense attorney will explore all potential defenses, including self-defense or defense of others if applicable. Remember, the defense strategy used will depend on the specifics of your case and the evidence available.

Prepare for the Legal Process

Facing charges of domestic violence can be a lengthy and complex process. An experienced criminal defense lawyer will prepare you for what to expect, including investigations, hearings, and possibly a trial. They will work to ensure that your rights are protected at every step and aim to achieve the best possible outcome, whether through dismissal of charges, acquittal, or favorable plea negotiations.

Maintain a Low Profile

Avoid discussing your case on social media or with anyone outside your legal team. Public statements can be misconstrued and negatively impact your case. Your attorney may also advise on other steps to take to protect your reputation during this time.

Seek Support

The emotional toll of facing false allegations can be significant. Consider seeking support from trusted friends, family, or professional counselors. Your law firm might also provide resources or referrals to help you cope with the stress and anxiety of the legal battle.

Contact the Criminal Defense Attorneys at Colburn Hintze Maletta

Facing domestic violence charges? The team at Colburn Hintze Maletta has a solid track record of securing favorable outcomes, such as getting domestic violence assault charges dismissed. Their success stories reflect their expertise in crafting strong defenses and their dedication to their clients’ rights.

Understanding the complexity and sensitivity of domestic violence cases, Colburn Hintze Maletta offers a free and confidential initial consultation. This session allows you to discuss your case with an experienced criminal defense attorney, explore potential defense strategies, and learn how the firm can help you through the legal process.

 If you’re going through this challenging time and need immediate help or more information, don’t hesitate to contact our attorneys at Colburn Hintze Maletta we’re reachable at (602) 825-2500.

Always Available 24/7 for Legal Help
Schedule an Appointment Today!

Call Us Now to Speak with an Attorney (602) 825-2500

Real Client Reviews

Below are just a few of what our clients have to say!

Call Now Button